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Home My WebLink About04-10 John McAllister - Gainesboro - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: 3 O File opened 3 / v Reference Manual updated/number assigned 3 116 h o D-base updated 5 v Location maps requested from Mapping Adjoiner list given to Planner Application Action Summary updated MEETING DATE: �Z10 /o FINAL ACTION: CLOSE FILE: O Approval (or denial) letter mailed to applicant/copy made for file & cc's I kO. File stamped "approved", "denied" or "withdrawn" tllAt )1Q Reference Manual updated qz)0 D-base updated Application Action Summary updated Sys ID#�)qR DATE NO. RECEIVED FROM ADDRESS DOLLARS S _ JFOR RENT J FOR AMT. OF ' ACCOUNT CASH AMT. PAID CHECK � BALANCE MONEY DUE ORDER . ria c y COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 21, 2010 Mr. John McAllister 233 Burnt Factory Rd. Stephenson, VA 22656 RE: VARIANCE REQUEST #04-10 Dear Mr. McAllister: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on April 20, 2010. The request on parcel identified by Property Identification Number 31A-1-1 was modified by the BZA to allow a 25 foot southern property line variance, resulting in a setback of 25 feet. The property is located at 573 Lake Saint Clair Drive, in the Gainesboro Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad cc: Gary W. Dove, Gainesboro District Supervisor George Kriz and Charles Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 � FILE Cu?� � *I. N MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: April 22, 2010 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 The amount of $50.00 was deposited in line item #3-010-019110-0008 for John McAllister. Kee Construction had a deposit for one sign for a Variance #04-10 for John McAllister. The company 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: Kee Construction 420 W. Jubal Early Dr. Suite 104 Winchester, VA 22601 RSA/pd A�a�, �0 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 k`_ T A X R E C E I P T Ticket #:00006360001 DERICK COUNTY Date 3/15/2010 WILLIAM ORNDOFF, JR Register: JKH/JKHB P.O. BOX 225 Trans. #: 04233 " Dept # 1095 WINCHESTER f VA 22604-0225 Acct# SIGN DEPOSITS PLANNING Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 PLANNING Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING Check 26750.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 3/2010 i 11 .� 1 ' 1 ` .1 J ..f coo ACCOUNT AMT. OF HOW PAID — ACCOUNT -- _ CHECK �•"` f >la .BALANCE :.,,MONEY • Pd by PLANNING BALANCE DUE INCLUDES PENALTY/INTEREST Check 26750.00 # VARIOUS THRU THE MONTH 3/2010 VARIANCE APPLICATION #04-10 JOHN McALLISTER Staff Report for the Board of Zoning Appeals Prepared: March 31, 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: April 20, 2010 - Action Pending LOCATION: 573 Lake Saint Clair Drive MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 31 A-1-1 PROPERTY ZONING & USE: Zoned: RA (Rural Area) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Area) South: RA (Rural Area) East: RA (Rural Area) West: RA (Rural Area) Use: Residential Use: Residential Use: Residential Use: Residential VARIANCE REOUESTED: The applicant is requesting a 26 foot southern property line variance, resulting in a 24 foot side yard setback, for the construction of a deck, screen porch, and master bedroom. REASON FOR VARIANCE: This property has a width of 221 feet and a depth of approximately 335 feet; therefore, current setback requirements for the RA zoning district eliminate buildable area on the property. Variance #04-10, John McAllister March 31, 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 fronts and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning district to the current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007, making the current setbacks for this property 60 feet to the front, 50 feet to the rear, and 50 feet to both sides. This property is one acre in size with a width of 221 feet and a depth of 335 feet, and cannot meet the current setbacks associated with the RA zoning district. The applicant is requesting a variance of 31 feet on the southern property line from the current fifty (50) foot setback side requirement of the RA zoning district, to construct a 12'x 54' deck 13'xl5' screened porch, and a 13'x28' master bedroom. This variance, if granted, would result in a 24 foot side yard variance. The Code of Virginia 1950 as amended 15.2-2309 (2) and Section 165-1001.2 (C) of the 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 substantial detriment to adjacent property, and the character of the district will not be changed by the variance. STAFF CONCLUSIONS FOR THE APRIL 20, 2010 MEETING: In conclusion, this variance request does not meet the intent nor the requirements of The Code of Virginia 1950 as amended 15.2-2309 (2) and Section 165-1001.2(C) of the Zoning Ordinance, as it relates to the threshold of a hardship. • LAKE SAINT CLAIRE DRIVE 50' R/W NORTM g6p5PGG�� p8 25 N 18'20'00" E IPF IPF 90.00, r 25' BRL \ I 1 Cl TA ID 31A— 1))— 1 o W # (c JOHN E MC4WSTER & o; > JOHN E MCALLISTER, JR. �, \ INST 1090010295 \ LOT 1 38,116 sgft. i O /GRAVEL= \ 2 ONE-STORY DRIVEWAY 5 I FRAM WELLING IRF . �16 9r or We CIA" 110NEW 01 WOODEN p I % DECK co 141v 25' BRL ML ASPHALT / S 14'20'00" W DRIVEWAY IRF 90.00' (PRIVATE LAKE AREA) / LAKE ST. CLAIRE INC. / DB 256 PAGE 127 TLE REPORT FURNISHED. EASEMENTS R THAN SHOWN MAY EXIST. ORTION OF THIS PROPERTY LIES WITHIN 100 YEAR I=LOOD ZONE AS SHOWN ON V. PANEL f51069C-0125-D, SEPTEMBER 2, 2009. REFERENCE INSTRUMENT # 090010295. REFERENCE: DEED $OOK 256 PAGE 127. -RTY CORNERS ARE IRON REBAR SET 3S NOTED OTHERWISE. 0 50 100 SCALE: 1" = 50' LEGEND. IRF = IRON REBAR FOUND IPF = IRON PIPE FOUND BRL = BUILDING RESTRICTION LINE ML = METAL LID UNDERGROUND TANK HOUSE LOCATION SURVEY T LOT 1 - LAKE ST. CLAIR INC. SUBDIVISION Dj STREET ADDRESS #573 LAKE SAINT CLAIRE DRIVE GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA S L a DATE: NOVEMBER 25, 2009 SCALE: 1" = 50' FILE#: 09-037 7 Foltz Land Surveying, Inc. FSHpP.O. Box 23 Stephens City, Virginia 22656 ci ,oaE'i - - - - 1 � LAKE S4/NT CLAIRE DRIVE 50' R/W BASED ON NO T�56 PG 127 N f8'20'00" E IPF 1 IPF 90.00, r 25' BRL I 1 1 � 1 TAX ins'? ' (0))-1 JOHN E, M LISTER & a; z JOHN E. M STER, JR. Q O fNST.00 1,029,11 LOT i 16 s ft. ��4 Qo 3 0 1 age S mi � m S 0 , , /CR4VEL DRIVEWAY Z ONE- TORY S( FRAM£ WELLING 1 36.6,h. IRF w• s?• 3 �v 4�v WOODEN DECK 25' BRL ASPHALT / S 14'20'00 W DRIVEWAY IRF 90.00' (PRIVATE LAKE AREA) LAKE ST. CLAIRE INC. / DB 256 PAGE 127 NOTES: I. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON F,I.R.M, PANEL J51069C-0125-D, DATED SEPTEMBER 2, 2009. 3. DEED REFERENCE: INSTRUMENT j 090010295. 4, PLAT REFERENCE: DEED BOOK 256 PAGE 127. 5. PROPERTY CORNERS ARE IRON REBAR SET UNLESS NOTED OTHERWISE. /Z 0 50 100 SCALE: 1" = 50' LEGEND: IRF = IRON REBAR FOUND IPF = IRON PIPE FOUND BRL = BUILDING RESTRICTION LINE ML = METAL LID UNDERGROUND TANK le o HOUSE LOCATION SURVEY T 0 LOT f - LAKE ST. CLAIR INC. SUBDIVISION f'l� STREET ADDRESS G„ #573 LAKE SAINT CLAIRE DRIVE GAINES80RO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DARREN . FUL a DATE: NOVEMBER 25, 2009 SCALE: 1" = 50' FILE#: 09-037 LIC, 0. 7 Foltz Land Surveying, Inc. SHEET 1 C9�O SURVE�Op P.O. Box 23 Stephens City, Virginia 22655 OF Phone #': 540-323-1497 Fax f 540-868-2963 1 email: foltzftsuallink.com , elf 30r' AW 89W' 4. RUBAL DAVID J'&4PAMELA M •r / y ��r� FM�L iyr'i v � 1 � Ilk p - y R i ti /� MCA! LIt TER JOHN [ ,� r w, • l Y r �, #�dr• l y r w i GROVE TH MAS A;$31 $ ,, r i rl'� - .yr FJ. ' - .. � � •r' 31A 1 2 r)� LAKE;ST CEA!R PROPERTIES LLC r R 8 A } r` o _ �>* � t Z -yam,. ..J� •�» � `' �' "�� 0 a �0►'` ti Y ' ` ,.1 31A 1 4 •VNKEL LESLIE ANDERSON Mr ( f fc �� 31A 1 5 - rtL BOYD KEITH W & GRETCHEN 1 » John McAllister Variance 24ft Right side Current Zoning PIN: 31A - 1 - 1 Case Planner: Wheran FuureRt]Ieypass Zepieg • EMIEanali.e\Ivnurarm nalXlriQ ]Izllnduad ennNUild.b o)Iromn.\I.nuG ntlngP.hl `_, RyRunldmllNrinl O VAR0410_JeM1nMCAllister . BI (Budnn.. \n�M1,.rb•N pslr{tt - 1�(FBtAer Flunrian DW dnl \IIII(\IaUile llvme ('on,mwit�IR.tria») •:'�.:t RJ IRenldenllvl PlvnnN ('•mmuNrlm Na,) RPIRe+idenlivl Yerfanrvnre DLst N.,I C,� - I'rt.n I)e.elnpmenl Arev B31Bu�ne.., (:menl IH Iri+l) MI Mdu.l Avl, Ll t DivtAal) \I,\ (\ledinl tiupport I)i+rricrl R\ (RNd.—I Reerevfiunvl Cn --y Ih'vt .) �5\\C.\ PJ(RuJne,.v lNul�ivl innxhb•Bb1A[I) J'rd � jf N „, 0 125 250 500 Feet j, ,� � � ��d { � Y z', .,�."_ x » ft ,j 1/F � a 4„ •_S �. �/, v� °ys. � =fix TO a r + a u 8 0 as MAR 1 5 2010 i L J APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 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::/ OCCUPANT: (if different) NAME:e/OWAJ 2E /YI L'iQLI, -s/E-� NAME: ADDRESSoV-'? 211" ;) . ADDRESS: TELEPHONE:U5 i4 -.5.73- 0 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of as / feet and a depth of 3.35" feet and consists of • 87J- acres (please be exact). 38� /& ��- r s 5. The property is owned by „_dh/a Z-, /yJ� `Ci •4 S%.� as evidenced by deed from GO U%SE /y1 i GlAm recorded (previous owner) in deed book no. 07 6 on page /ci% of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: 7. Property Identification No.: 8. The existing zoning of the property is: 9. The existing use of the property is:_ 10. Adjoining Property: USE ZONING North aNgLE FAaI:C V /`�FSii N%i.4G East South West • 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.") C:� �E Ui4/1 iAs✓PF .lb� SC'ie,EE�I /�o,�c�f/ 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 �c'S wt�zr� �s s � i�G i�5�, i..►1i1I �$°` s �5 C (-(11,_AG �1O � 0 Q ` u�`Iz.5sfC__k_MA U_ "I w1 Le -12 I iP -TrI L L6T-3 l NL ib `►3 e [r1 i OCApa-A �,) "T r�1 di 19,J1 LD-AO&,1 . 0 13. Additional comments, if any: •— 't=+��-�nt V� S I 2 r P_.��LsirL�=z� ►i` � '� �r`tm/v�._... � �. cc�6 `T 1A45 R tvr P dui- ► W `o R--A-t- S 14. The following naives 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: n�C��✓ JC'e`�`� / Address/62ei , r, �✓� ce U>• %��y �, � c cA ) Property ID # Mg ZL-WZel-1191� Address('�)J'- � % �'�fii,�C , w;," , Property ID#~31/4 / J �616111 Address 6 vr,K c/&- 1•e Cr�i°erC: Property ID # �'/ . 433 Address Property ID # Address Property ID # Address Property ID # Address Property ID # V �3 7 0 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 properly lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. 57.,—AjC;—z1,eE 141 9 64 C'G /6 /C'D �%/�' 0�;��/�,�i C,C�/�i�✓/r_�/�' C� � jai AGREEMENT VARIANCE # Oq.-/0 (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) da s prior to the BZA public Bearing 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. SIGNA DATE SIGNA I/o -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: 4' 0 0u - R/1y B!- JU t4 OS66 N 18'20'00 b E" IPF 1 r IPF 90.00' Z5' BRL -�, TAX /D,�31A-((1)},1 0 JOHN L MCALLISTER & a; W o JOHN E. MCALLISTER, JR CI, `i - oo - INST. J090010205 �� to '6 LOT 1 N 38,116 sgft w W CV M p N /GRAVEL= DRIVEWAY ? ONE—STORY FRAM WabWG 2 h ate,. IRF 4 b� cry tl, Had DECK /tih°- ho ML -S . 25" BRL ASPHALT S 14'20`- 0- w DRIVEWAY IRF 90.00' (PRIVATE LAKE AREA) / LAKE ST. CLAIRE INC. / DB 256 PAGE 127 o . - so ioo 7LE REPORT FURNISHED. EASEMENTS R THAN SHOWN MAY EXIST. !)RTION OF THIS PROPERTY LIES WITHIN SCALE: 1" 50" 100 YEAR FLOOD ZONE AS SHOWN Off V. PANEL 7f51069C-0125=D, L `GEi�IO. SEPTEMBER 2, 2009. " IRF = . IRON REBAR FOUND REFERENCE. INSTRUMENT 1 090010295. IPF =IRON PIPE FOUND REFERENCE: DEED 600K 256 PAGE 127. BRL = B(- DING RESTRICTION LINE -RTY CORNERS ARE IRON REBAR SET ML = METAL LID UNDERGROUND TAIL 3S NOTED OTHERWISE000006,,- . , DOUSE LOCATION SURVEY M 1 LAW SAINT CLA/RE DRIVE ON 50' RADB 25� 12� N 18'20'00r E �PF IPF 90.00' I v TAX It?3 ({1))-1 JOHN E. M R & W JOHN E M S7FR, JR. CIA CL INST.O 295 � 4 0 Lor 1 N �, e sgft, q4o Ile $� DRIVEWAY MAMIE W 2 ONE— IRF 36.6' lk. 4 . � v WOODEN DECK AIL 25' M ASPHALT S 14'20'00" W DRIVEWAY IRF 90.00' (PRIVATE LAKE AREA) LAKE ST. CLAlRE INC. / DB 256 PAGE 127 o so Boa NOTE 1, NO TIRE REPORT FURNISHED. EASEMENTS. OTHER THAN SHOWN MAY EXIST. 2. ND PORTION OF THIS PROPERTY LIES WITHIN SCALE; 1" 50' THE 100 YEAR FLOOD ZONE. AS SHOWN ON tFG`I�ID. F, I. R, M. PANEL J51069C-0125-D, IRF = . IRON REBAR FOUND DATED SEPTEMBER 2, 2009. z nrr n ar=orAI/•L'. IAlcrn0rl•t.r'r 1/ nnnn.nnn� /P� — IL?/lAl D/bC C/111A1/1 Demolition Notes 1. Contractor to remove all low pitched built-up roof areas on the existing house to include ailing finishes, Joists and roofing. 2. Existing front wall to be removed, including windows and doors. New wall to be constructed at Otis location using the existing foundation wall. Sce sheet A2 for construction. 3. Contractor to confirm construction of these two walls to be used as beating walls for new roof truces prior to installation of new roof. Minimum construction to be 2 x 4's at 16' oc; or 2 x 4's at 2'-0" oc (with studs located directly below roof trusses). Walls (called out in note #2 & #3) shall be inspected to conf rn they have V minimum structural sheathing, if nat, contractor to install the sheathing. 0 r Front Elevation 1/81, =1,_ Q„ i . _ �... First Floor Plan u.r rt..yl Copyright 2010 DFC Architecus, PC PROJECTNO. 1001 U¢ a' u� a� 4 �10 �g •rU• " 1� A� ]anuary 2010 page Al of 3 --BXT. EX_, K"OMKI -R mt,/ Right Side Elevation Front Elevation -� °"W"' - - 1/8" = V- 0" 1/8" = 1°_ 0" Left Side Elevation 1/8" = V- 0" p-WHEiCAL ""I W1+N2-hft—.M Am :1 SFm eTCmr.) New First Floor Plan 1/8" = V-0" L,, R- Copynght2010 DFC Architects, PC PROJECT na 1001 > r 3S C� o � 1 0 V g 3 A� v� Jmuwv 2010 page A2 of 3 �-.Yt�_N �2 '1�lni'v�etifl �iL:7L�.rJ 14�7 � •� �' i �,� ►i"�i`....Illllll"Illlllli�'1111�i� ip1 ,w•.�r_ S�lw � �ii�• � I. aC�.: A. T 64, PON i Vvl l I _ I L-- _I L,'- J �. .1 I J _'! 9 E COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 6, 2010 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #04-10 OF JOHN MCALLISTER On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, April 20, 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 #04-10 of John McAllister, for a 24 foot right side yard variance, resulting in a 26 foot right side yard setback, for the construction of a master bedroom and porch. This property is located south at 573 Lake Saint Clair Drive, and is identified with Property Identification Number 31A-1-1 in the Gainesboro 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. DMJ/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 This is to certify hat the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: John E. McAllister 233 Burnt Factory Rd. Stephenson, VA 22656 John Schroth 1630 Beacon Hill Blvd. Atlanta, GA 30329 Tom & Helen Gro ve I 556 Lake St. Clair Dr. Winchester, VA 22603 David & Pamela Ru bal 17504 Pinehurst Court Purcellville, VA 20132 Lake St. Clair, Inc. PO Box 3261 Winchester, VA 22604 F Plana M. Johnfon, Zoning Inspector Frederick Co my Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, / , a Notary Public in and for the State and County aforesaid, doh by certify that Da M. Johnston, Zoning Inspector fo • t1je De artment of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this �0 -70f day of 6,1' My commission expires on 81 ID 331�878 t40-I.p.pty PUBLIC WEA1-fH OF VIRGWIA t� o � ISSION EXP1REb DULY 81 2n11 i_ �"_/ 'I M-4 Jb�txi ��rl�c..�iS�� _• V • TO:BARBARA-bATA PROCESSING FROW BEV - Planning Dept. Please print — sets of la HAN 13. Additional comments, if any: 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: �O�-�/✓ Sty �L� Address�6 6 A21--!n 2 Property ID a ez q,;l1 ,e LJ:i✓C AN AD.aotNEP, AcidressC�J i Prope 9- /Oir-) Address ASK L/&, -'577 (2414,:4 / ,e 6�1,,�e c Property ID-9 A 33:�� 4t1(`� ti lt, iNi Address Soy P ► "IV11 ll Property ID # _ - L6� MC Address324,1 �'• D IN��C S l 324, l Property ID 13rA -- 3 Address Property ID # Address Property ID # r0 9I ')q A113AW-09-008-1. W,dn-dOd pJ0gBA al ABIgAi?j UJOaAJaAe•MMM Bp jntpuq el g galldaS 31A - 1- - 1- MCALLISTER JOHN E MCALLISTER JOHN E JR 116 W NORTH AVE WINCHESTER VA 22601 31A -1- - 2- LAKE ST CLAIR PROPERTIES LLC ATTN: J08EPH A SCHROTH JR 1630 BEACON HILL BLVD NE ATLANTA GA 30329.2518 31 - A- - 33- GROVE THOMAS A SR. & HELEN S 556 LAKE SAINT CLAIR OR WINCHESTER VA 22603.3036 30 - A- - 83- RUBAL DAVID J & PAMELA M 17504 PINEHURST CT PURCELLVILLE VA 20132.9023 31 - A- - 34- LAKE ST. CLAIR INC. PO BOX 3261 WINCHESTER VA I) i r juawa6mtp ap sua5 ®L9L9 ®AH3AV Itaegeli al zasllevn -- - salad i? salpL,3 smonbpi . MCALLISTER JOHN E MCALLISTER JOHN E JR 116 W NORTH AVE WINCHESTER VA 22601 31A - 1- - 2- LAKE ST CLAIR PROPERTIES LLC ATTN: JOSEPH A SCHROTH JR 1630 BEACON HILL BLVD NE ATLANTA GA 30329-2518 31 - A- - 33- GROVE THOMAS A SR. & HELEN S 556 LAKE SAINT CLAIR DR WINCHESTER VA 22603.3036 30 - A- - 83- 1 RUBAL DAVID J & PAMELA M 17504 PINEHURST CT PURCELLVILLE VA 20132.9023 31 - A- - 34- LAKE ST. CLAIR INC. PO BOX 3261 22604.2461 WINCHESTER VA 22604.2461 I w,e6p3 dn-d0d mdxa 04 Bull Bu01e PUBS l ,tea jaded pBaA --- - slaqvi @lead Asea- 0 EO a brA QJ a dro ro �x H o(d 0 UH CORLOOAY K "UTCHIN6ON ATTORNEY AT LAW 124 B. 6RA000CK ST. NINCHEBTER, VA 22BO1 • • CD co Cb 90010 995 THIS DEED, made and dated this l Aday of September, 2009, by and between LAKE ST. CLAIR, INCORPORATED, hereinafter called the Grantor; and JOHN E. McALLISTER and JOHN E. McALLISTER, JR., hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty and English covenants of title unto the Grantees, jointly, with common law right of survivorship, the following property: All that certain lot or parcel of land, lying and being situate about one and one-half mules west of Cedar Grove, in Gainesboro Magisterial District, Frederick County, Virginia, and more particularly described as LOT 'l of LAKE ST. CLAIR INCORPORATED, the Deed of Dedication and Plats of which are recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 256, at Page 127; AND BEING the same property conveyed to Lake St. Clair, Incorporated by Professional Foreclosure Corporation of Virginia by deed dated June 23, 2009, of record in the aforesaid Clerk's Office as Instrument No. 090007966. Reference is hereby made to the aforesaid instruments and the attachments and the references therein, contained, for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject. property. �J WITNESS the following signature and seal: STATE OF VIRGINIA, • C CD LAKE ST. CLAIR, INCORPORATED (SEAL) TUPPER H. DOR ; Y, ?resiCent CITY/CEBbNTY OF lei n c�►tes-%e �r- , to -wit: i ie foregoing instrument was ac_cnowledged before me in my City/County and State this ► 4" day of September, 2009, by TM. � - H. i DORSEY, President of LAKE ST. CLAIR, INCORPORATED. j My Commission Expires: 7�Q MARY FAul_A WIL►SoN NOTARY l�suC i\ Q i Y ?T'BT �. Commanweeltft of MMIAW Reg. #1 VIRGINIA: FREDERICK COUNTUCT. This instrument of writing was produced to me on 2oOl,�at /• � � I. and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of oa $ , and 58.1-801 have been paid, if assessable. 46e.t , Clerk ORKUDRY F. HUTCHIN80N ATTORNEY AT LAW 124 B. BRADOC30K 9T VINCHEBTER, VA 22601 ndgannang a thence S 28 deg. 31 min. W 190 feet to point 25 feet West of (D) the 43 deg. 54 min. W 187.8 feet to (G). RICHARD U. GOODE Januarye7, 959yor, M VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 13th day of Feb- ruary 1959 at 9:47 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. ,CLERK 184 TAKE ST. CLAIR, INC. a� 20 :: :: DECLARATION THIS INSTRUMENT made this 30th day of January, 1959, for recordation ; ontemporaneously and along with the attached plat of lots entitled "Lake St: Clair) G' Inc., Located About 1.5 miles West Of Cedar Grove And Situate In Both Gainesboro Ind Stonewall Districts, Frederick County, Virginia,."which plat is made a part of V Ala ��59 ;his Instrument and incorporated herewith iby reference, WHEREAS, Lake St: Clair, Incorporated, is the owner of certain lots ofI Land and private roads and roadways and private lake, private beach and private sho e areas as described and set forth on the attached plat; which said land was conveyed'i :o Lake St. Clair, Incorporated, b1 the following deeds; (1) Deed dated October 29, L958, from Arthur 0. Clark, et ux, at Deed Book 254, page 572;•(2) Deed dated Jan- xary l7, 1959, from Arthur C. Clark, et ux, at Deed Book 255, page 560; and, (3) j )eed dated January 30th, 1959, from John G. Goodwin, et ux, at Deed Book 256 page a5 j _85, all of record in the Clerk's office of the Circuit Court of Frederick County, ` irginia; and, WHEREAS, the said Lake. at. Clair, Incorporated, pursuant to its by-law,, Lobs intend and does hereby restrict the said lots on.the attached plat, which plat ias been approved by the Frederick County Board of Supervisors and the Frederick )ounty Health Department. NOW THEREFORE, WITNESSETH: That the said Lake St. Clair, Incorporated, does hereby make the foilol ng declarations as to limitations, restrictions and uses to which the lots and oth x )roperty of the Corporation may be put, hereby specifying that said declarations shall constitute covenants to run with the land and shallfbe binding on all parties end all persons claiming under then, and for the benefit of and limitations upon ill future owners of lots described on said plat, this declaration of restrictions )eingin signed for the purpose of keeping said property desirable, uniform and suit- Lble design and use as herein specified; 1. That neither the Corporation, its successors or the grantees of the forporation, their heirs, assigns will request the Board of Supervisors of the Virgir ;hway. Department of Highways that said streets be taken into the highway system un-II ;il the lot owners have brought the said roadway described on said plat up to the specifications of the Virginia Department of Highways and the Board of Supervisors )f Frederick County, Virginia. 2. That no building nor structure which shall be used for any purpose :xcept a residence, or appurtenances thereto, shall be erected or placed upon said ots. 3. No residence except one designed for the occupancy of one single 'amily shall be erected or maintained upon any one lot. 4. A sanitary disposal system shall be erected and maintained upon ach lot by the lot owner, which sanitary system shall be erected and maintained n accordance with the sanitary code of the State of Virginia and the County of 5• No residence or appurtenance shall be erected or maintained upon L9 an within twenty-five feet of arty boundary�uch lot, M qW It is further intended and by this'lErument the said Corporation does hereby declare the intentiof this instrument to include the following: - I 1. That the said Lake St. Clair, Incorporated, expressly reserves the fee simple absolute title in all of the streets, roads, roadways, bridges, lake, streams, runs, beach areas and that portion of the shore property of ,said lake sit ate between the lot lines and the water line of the lake, as shown on theyattached plat, and to all other retained land of the Corporation. 2. That it is not the intention of the said Corporation, nor does the. said Corporation deed or vest any title or right of any kind.in any of the -areas mentioned in the paragraph immediately preceding in or to either the public, t e Commonwealth of Virginia, or the County of Frederick, but expressly'reserves,the�', same, it being the intention of the Corporation to reserve as private land and appurtenances of the Corporation, the said streets, roads, roadways, bridges, lake, streams, runs, dams, beach areas and.that portion of the said shore property of, said lake situate between the'lot lines and the water line of the lake as shown on the attached plat and'.all other retained land of the Corporation 3. The Corporation does by this instrument, hereby give its grantees an easement of right `of way to use the roads, roadways and bridges of the C6rporati n for the purpose of ingress;: egress and regress to such grantees,and-their i4vitees. 4. It is the further intent of the said Corporation to reserve the said beach areas, dams and the shore property of said lake situate between the lot lines and the water line of the lake as shown on the attached plat, and.it is not intended that grantees from thew Corporation or -lot owners acquire any title or, -rig in and to said -reserved and retained areas of the Corporation. 5.•Each of the covenants and,•agreements herein contained are severable and in the event that any one or more of such agreements and covenants shall be Mound illegal or unenforceable in law, the remaining legal and enforceable covenant shall be binding upon the Corporation, their successors and assigns and or the. v grantees from the Corporation, and their successors, heirs, distributees, personal representatives and assigns. WITNESS the following signature of Lake St, Clair, Incorporated by its President, Ferman W. Perry, and the seal of said Corporation, duly affixed and`. attested by its Secretary, Robert S. Boyd; 'this date above written: (SEAT,) LAKE ST. CLAIR,-INCORPORATED. Attest: By: FERMAN W. PERRY ROBERT S. BOYD res en Secretary v State .of Virginia, County of Frederick, 1, Kathleen R. Kline, a Notary Public in and for the County.and State aforesaid, do hereby certify that Ferman W. Perry and Robert $, Boyd, whose names are signed to the foregoing writing, bearing date January 30, 1959, as President and Secretary, respectively, of Lake St. Clair, Incorporated, have personally appe - ed before me and acknowledged the same as their act and deed in my County and State aforesaid, My commission expires June 19, 1962.. Given under my hand this 30th day of ;January, 1959. k