HomeMy WebLinkAbout09-16 J. H. Yost III - PIN 45-A-47 - Stonewall - BackfileBOARD OF ZONING APPEALS
Variance Request Tracking Sheet
OPEN FILE:
I File opened
Reference Manual updated/number assigned
a5 D-base updated
Location maps requested from Mapping
Adjoiner list given to Planner
DC, Application Action Summary updated
MEETING DATE: llr C1 U FINAL ACTION: JI
CLOSE FILE:
8- /-1. I �P Approval (or denial) letter mailed to applicant/copy made for file & cc's
j 11lc )b File stamped "approved", "denied" or "withdrawn"
Reference Manual updated
a I I b D-base updated
g 1�1 I l Application Action Summary updated
Sys ID #
NOTES RECC' I
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ADDRESS
NO. 984381
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
October 5, 2016
Mr. J. H. Yost III
2485 Martinsburg Pike
Stephenson, VA 22656
RE: VARIANCE REQUEST #09-16
Dear Mr. Yost:
This letter is to confirm that the above -referenced variance application was approved by
the Board of Zoning Appeals at their meeting on August 16, 2016. The request on parcel
identified by Property Identification Number 45-A-47 was approved by the BZA to allow
a 85 foot left side yard variance to a required 100 foot left side yard setback resulting in a
15 foot left side yard setback, and a 35 foot right side yard variance to a required 50 foot
right side yard setback resulting in a 15 foot right side yard setback. The property is
located on Rocky Ford Road in the Stonewall Magisterial District.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
Mark R. Cher
Zoning Administrator
MRC/pd
cc: Judith McCann -Slaughter, Stonewall District Supervisor
Gary Oates and William Cline, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
John Trenary, Building Official
107 North Kent Street, Suite 202 * Winchester, Virginia 22601-5000
9
0
Pam Deeter
To: Judy McCann -Slaughter; Gary Oates (Greywolfeinc@aol.com);
wcline.fredcogovpc@icloud.com
Subject: Variance Request #09-16 approval
Attachments: SKMBT_PLAN16081808390.pdf
Good morning,
I have attached a letter from Mr. Cheran in regards to the approval Variance Request #09-16 for J. H. Yost III, which is in
your magisterial district. If you have any questions, please contact Mr. Cheran.
Pam Deeter
Planning and Development
107 N. Kent Street, Suite 202
Winchester, VA 22601
(540) 665-5651
•
i
Pam Deeter
From: Microsoft Outlook
To: Judy McCann -Slaughter
Sent: Thursday, August 18, 2016 8:43 AM
Subject: Delivered: Variance Request #09-16 approval
Your message has been delivered to the following recipients:
Judy McCann -Slaughter (islaughter@fcva.us) <mailto:islaughter@fcva.us>
Subject: Variance Request #09-16 approval
Pam Deeter
From: Mail Delivery System <MAILER-DAEMON@AOL.com>
To: Greywolfeinc@aol.com
Sent: Thursday, August 18, 2016 8:43 AM
Subject: Expanded: Variance Request #09-16 approval
Your message has been delivered to the following groups:
Greywolfeinc@aol.com
Subject: Variance Request #09-16 approval
Pam Deeter
From: Mail Delivery System <MAILER- DAEMON @co.frederick.va.us>
To: wcline.fredcogovpc@icloud.com
Sent: Thursday, August 18, 2016 8:43 AM
Subject: Relayed: Variance Request #09-16 approval
Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server:
wcline.fredcogovpc@icloud.com
Subject: Variance Request #09-16 approval
VARIANCE APPLICATION #09-16
J.H. Yost III
Staff Report for the Board of Zoning Appeals
Prepared: August 4, 2016
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:
August 16, 2016
Public Hearing; Action Pending
LOCATION: The property is located on Rocky Ford Road
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 45-A-47
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: MH-1 (Mobile Home Community)
Use: Mobile Home Park
South: RA (Rural Areas)
Use: Residential
East: RA (Rural Areas)
Use: Residential
West: RA (Rural Areas)
Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 15 foot left side yard variance to a
required 100 foot left side yard setback resulting in an 85 foot left side yard setback, and a 15 foot right
side yard variance to a 50 foot right side yard setback resulting in a 35 foot right side yard setback.
REASON FOR VARIANCE: The property is 0.6403+/- acres in size,
•
Variance #09-16 — J. H. Yost III
Page 2
August 4, 2016
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, 100 feet to the rear, 50 feet to the right side, and 100 feet left side.
The Applicant is requesting a variance of 15 feet on the left side yard from the current 100 foot
setback resulting in an 85 foot left side yard setback, and a 15 foot right side yard variance from the
current 50 foot right side setback resulting in a 35 foot right side setback. This variance, if granted,
would result in an 85 foot left side yard variance, and 35 foot right side yard variance.
STAFF CONCLUSIONS FOR THE AUGUST 16, 2016 MEETING: The Code of Virginia 15.2-
2309 (2) and Code of Frederick 165-1001.2, states that no variance shall be granted unless the
application can meet the following requirements:
1) The property interest for which the variance is being requested was acquired in good
faith.
2) The granting of the variance will not be a substantial detriment to adjoining property
or nearby properties in the proximity of that geographical area.
3) The condition or situation of the property concerned is not of so general or recurring
as to make reasonably practicable the formulation of a general regulation to be
adopted as an amendment to the ordinance.
4) The granting of the variance does not result in a use that is otherwise permitted on
such property or a change in the zoning classification of the property.
5) The relief or remedy sought by the variance is not available through a special
exception or the process for modification of a zoning ordinance.
This proposed variance does meet the requirements of the Code of Virginia and Frederick
County. The properties within this subdivision have been granted variances due to the lot size
and the inability to meet the RA setbacks of the Frederick County Zoning Ordinance.
Applications
Parcels
Sewer and Water Service Area
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)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
1
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yr .
46
�r
VAR # 09 - 16
Note:
Frederick County Dept of
J.H. Yost III
Planning & Development
Backwood Properties
107 N Kent St
Suite 202
PIN:
Winchester, VA 22601
45-A-47
540-665-5651
Side Yard Variance
Map Created: July 25, 2016
Staff: mcheron
0 50 100
200 Feet
VAR # 09 - 16
J.H. Yost III
Backwood Properties
PIN
45-A-47 - :--
Side Yard Variance
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Variance Application # N. -1 (0
Submittal Date -1 1 1 Fr i I co
00
Fee Amount Paid °°
Sign Deposit Paid
r:�
II JUL 1 8 2016 ;
APPLICATION FOR VARIANCE
FREDERICK COUNTY, VIRGINL:4 .� -.
FREDFRICi� UC'..�' 'T
L
-OFFICE USE ONLY -
Submittal Deadline 7 a a + I C.'.
For the BZA Meeting of
Initials: le;;"D Receipt # 9 �q 3 P /
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner other _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: V l
ADDRESS: �-W
,�04a)XOIU r/A?2656 �k
TELEPHONE:
OCCUPANT: (if different)
NAME: /` ,-? A'4E
ADDRESS:
TELEPHONE:
3. The property is located at (give exact directions and include State Route Numbers):
0/7-14, �
1 1'7A
4. The property has a road fron age of
`6�Qacres (please be exact).
WW07"
v� f � uJI;'
feet and a flenth of
7e
767 feet an consists of
/14 f 17
5. nnThe property is owned by ` 1'0 QT Z-5- as evidenced by deed from
%KZlid t2�i o' fO. recorded(previous owner) in deed book no. on page
or inst merit number / Q V 0 5-9 72 of the deed books of the Clerk
of the Court for Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: �f �' n e--w/4 // fs e C
7. Property Identification Number (P.I.N.):� 6 7
8. The existing zoning of the property is:
9. The existing use of the property is: UVe a via W W(4, �j j�
10. Adjoining Property:
_ USE r
North -Y--V l � -Pa �` L'
East �`c eyi'tL
South
West de,,n J,Q
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.")
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
0
loig J
40
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 and Property Identification Number
Address
Name,
/ /
'l
�G
/
`2U�
166 l<
f�
�� ✓_ //�d
L .
Property # �_ l�(p
Name
C .
Property # � '
Name I Q a:, & . C G t"
1
C<ea'Y' ✓'t6
Property # v4,— f
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
1
•
AGREEMENT
VARIANCE # 0 q - l Co
(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
DATE
SIGNATURE OF OWNER DATE
if er nap lica
BZA PUBLIC HEARING OF
APPROVAL
DENIAL
SIGNED:
DATE:
-OFFICE USE ONLY-
-DATE-
BZA CHAIRMAN
11
ACTION:
Clerk's Office in which said deed of trust is recorded, showing the said notes to have
been fully paid, and the lien of said deed of trust to have been fully satisfied and
released; and further to release the lien of said deed of trust. And we, Hallock M. Lee
and Grace Flood Lee, do represent that we were the holders of said notes at the time the
said notes were paid.
Witness the following signatures and seals this 5th day of December,
1952.
HALLOCK M. LEE (SEAL)
GRACE FLOOD LEE (SEAL)
State of Virginia,
City of Portsmouth, to -wit:
I, Maud D. Hamby, a Notary Public in and for the City of Portsmouth,
State of Virginia, hereby certify that Hallock M. Lee and Grace Flood Lee, whose names
are signed to the foregoing and annexed power of attorney, bearing date December 5th,
1952, have personally appeared before me and acknowledged the same in my City and State
aforesaid. My Commission as Notary Public expires August 17, 1954.
Given under my hand this 5th day of December, 1952.
(SEAL) MAUD D. HEMBY
notary Public.
VIRGINIA
FREDERICK COUNTY, (SCT.
This instrument of writing was produced to me on the 25th day of
April 1953 at 3:40 P. M. and with certificate of acknowledgment thereto annexed was
admitted to record.
o crr.fiJ;?ti. ,CLERK
---,�-•-
#446 n,
RAY R. RUSSELL, ET UX U"
TO :: DEED 61l�1
G. W. GARLAND CARLISLE, ET UX #
THIS DEED made and dated this 25th day of April, 1953, by and be- �J
tween Ray R. Russell and Carrie 0. Russell, his wife, parties of the first part, and G.
W. Garland Carlisle and Mary U. Carlisle, his wife, parties of the second part.
WITNESSETH: That for and in consideration of the sum of Ten Dollars
($10.00) cash in hand paid, and other good and valuable consideration, the receipt of
all of which is hereby acknowledged, the said parties of the first part do hereby grant,
sell, and convey, with general warranty of title, unto the parties of the second part,
jointly, with common law right of survivorship, a certain lot or parcel of land containing
28,000 square feet, more or less, lying and being situate on the Western side of Virginia
State Secondary Highway No. 667, otherwise known as the road leading Southward from the
Brucetown-Wadesville Road near Brucetown, in Stonewall District, Frederick County, Vir-
ginia, and described as beginning at an iron peg on the Western side of said road a
corner to the land of Swimley, and running thence with Swimley's line in a western
direction a distance of 280 feet to a stake corner; thence a new line with the other
land of Russell in a Southern direction a distance of 100 feet to a stake corner; thence
a new line in an Eastern direction still with the other land of Russell a distance of
Notes:
1. Boundary shown hereon was determined by a field
run survey performed under my supervision.
2. This plat is subject to easements and restrictions
Iron Pipe of record.
End Fence post Found 3. No title report furnished.
with Iron Pipe 1p000 4. Side yard building restriction lines are overlapping
near base at 31'0�' E and are therefore not shown.
0.56' N, 0.25' W 1A
�r
J
Is!
TM #45-A-46
\1c
Allen B. Jobe &
Velda D. Jobe
Inst. #120000412
o
3.71 Ac.
TM #45-A-44
5p0
Louberta G.
Weatherton
p.
DB 448 Pqq 652
p0
\
18.37 Ac.
'oC
Q\�0
\CS
0.6403
JPoint_Rebor
A
' c'
Found
End Fence
Post at
at 0.32'
A=100.71'
24.80' --aa
(�pC RX
R=850.00'
Point �� 40' R�W
D=6'47'20"
C=100.65'
CB=S 17'52'22" W
�jH OFBoard
of Zonin Exhibit
L M. ARTZD0.6403
/Appeals
�c.
tUMICHAE
�/"15�3—B
Stonewall District, Frederick County, Virginia
D VF
yScale:1"
= 40' Date: July 11, 2016
suR
Present Owner:
Backwoods Properties, L.L.C.
720 Artz Road
TM #45-A-47 Inst. #160005873
Woodstock 22664
540-327-3233
Project #22538
End Fence post
with Iron Pipe
near base at
0.56' N, 0.25' W
TM #45-A-44
Louberta G.
Weatherton
DB 448 Pqq 652
18.37 lac.
Notes:
1. Boundary shown hereon was determined by a field
run survey performed under my supervision.
2. This plat is subject to easements and restrictions
of record.
3. No title report furnished.
4. Side yard building restriction lines are overlapping
and are therefore not shown.
0.6403
Ac.
_RocklROE d Rl�
�v40 R�w
TM #45-A-46
Allen B. Jobe &
Velda D. Jobe
Inst. #120000412
3.71 Ac.
/ \-Ao�1`L
Quo N�000
Rebar Found
at 0.32'
A=100.71'
R=850.00'
D=6'47'20"
C=100.65'
CB=S 17'52'22" W
H of �'�y
Board of ZoniXc.
Appeals Exhibit Q MICHAEL M. ART2
0.6403 Lic. No. 1513—E3
7/11/16
Stonewall District, Frederick County, Virginia �q iD q\J C' '
Scale: I" = 40' Date: July 11, 2016 Su
Present Owner:
Backwoods Properties, L.L.C, 720 Woodstock Road
TM #45-A-47 Inst. #160005873 540327 A64
3233
Project #22533
•
L�
Notes:
1. Boundary shown hereon was determined by a field
run survey performed under my supervision.
2. This plat is subject to easements and restrictions
End Fence post
Iron Pipe of record.
Found 3. No title report furnished.
with Iron Pipe
1p0,00
4. Side yard building restriction lines are overlapping
near base at
3�'07 E
and are therefore not shown.
0.56' N, 0.25' W N
2�
0
Ln
o_
TM #45-A-46
Allen B. Jobe &
Veldo D. Jobe
o_
Inst. #120000412
`
0 3.71 Ac.
TM #45-A-44
T21
�5od
Louberta G.
o
Weatherton
�.
DB 448 P 652
�c.
18.3�
N
0.6403
LP
_
A c . Point Rebor Found
at 0.32'
End Fence
Post at
24.80'
RDOa A=100.71'
Ford
Point
R �� 4p RIw D=6'47'20"
C=100.65'
CB=S 17'52'22" W
Board of ZoniXc,
Appeals Exhibit
0,6403
Stonewall District, Frederick County, Virginia
Scale: 1" = 40' Date: July 11, 2016
Present Owner:
Backwoods Properties, L.L.C.
TM #45-A-47 Inst. #160005873
TH Op -
MICHAEL M. ARTL
Lic. No. 1513—B
711 V 16
��
C�NO SURv�..
720 Artz Road
Woodstock VA 22664
540-327-3233
Project #22538
0 0-
End Fence post
with Iron Pipe
near base at
0.56' N, 0.25' W
TM #45-A-44
Louberta G.
Weatherton
DB 448 Pqq 652
18.37 Fc.
Board of ZoniXc.
Appeals Exhibit
0.6403
Stonewall District, Frederick County, Virginia
5cale: 1" = 40' Date: July 11, 2016
Present Owner:
Backwoods Properties, L.L.C.
TM #45-A-47 Inst. #160005873
Notes:
1. Boundary shown hereon was determined by a field
run survey performed under my supervision.
2. This plat is subject to easements and restrictions
of record.
3. No title report furnished.
4. Side yard building restriction lines are overlapping
and are therefore not shown.
0.6403
Ac.
d RoQc
"Rock RoE 66�1
TM #45-A-46
Allen B. Jobe &
Velda D. Jobe
Inst. #120000412
3.71 Ac.
Quo 1�000
Rebar Found
at 0.32'
A=100.71'
R=850.00'
D=6.47'20"
C=100.65'
CB=S 17'52'22" W
PLC H OF-
SPA �
0MICHAEL M. ART2
Lic. No. 1513-8
711 V 16
720 Artz Road
Woodstock VA 22664
540-327-3233
Project #22538
Variance Application # Oq -1 fir.
Submittal Date --I
8 I
o�
Fee Amount Paid °o
Sign Deposit Paid
APPLICATION FOR VARIACE
JUL 1 8 2016
FREDERICK COUNTY, VIROINIA_- --
4 FREDERICK COUNTY
7! ^ANNING AND DEVE L.CPNIENT
-OFFICE USE ONLY -
Submittal Deadline 7
For the BZA Meeting of
Initials:
Receipt # 9 �q 3 P
MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT
The applicant is the owner other �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: V ! l
ADDRESS:
�/,�2�s6 �k
TELEPHONE: —/6 /,j --
OCCUPANT: (if different)
NAME: A69,4j's
ADDRESS:
TELEPHONE:
3. The property is located at (give exact directions and include State Route Numbers):
rf,4
4. The property rthas a rd fror�tage2of I feet and a Oepth of _
4 A(o acres (please be exact).
,s
e- area �g r�
763 feet an consists of
4-4r-
5. The property is owned by G (vim f�`� D;J� �- r as evidenced by deed from
�(2 d /,)1 /d voi i fiz r 7 recorded revious owner) in deed book no. on page
or ins niai t number (o of the deed books of the Clerk
of the Court for Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: J l on e-y%R `l A5�t'ct
7. Property Identification Number (P.I.N.): qJ — / ` /
8. The existing zoning of the property is:
9. The existinguse of the property is: A/ d 0 K P� k t a
)? r Y
10. Adjoining Property:
_ USE
North Pal
East c 1r44-11*t It
South we
West �-S� 'al�.�►' f i L
ZO ?A-
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.")
12. List specific reason(s) why the variance is being sought in terms of, such as: V
► 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
/00
leL1 � -' 7�r• �E�NP,�
0 0
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 and Property Identifleation Number
Address
Name �,�
Z 1� `�v`�
6 i h�
�'G�✓�'� ��C
Property # �_'IL-- r1 Q9
Name .��z6� Gee
�--�� rasa"
Cep
,6r` t
R6(
C�,
/
Property # — —
Name �Q
)ed r-I&
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
0
15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show
proposed and/or existing structures on the property, including measurements to all property lines
and to the nearest structure(s) on adjoining properties. Please include any other exhibits,
drawings or photographs with this application.
10
AGREEMENT
VARIANCE # Q 9 - l (.D
(Number to be assigned by the Planning Dept.)
I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County
Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning
Ordinance as described herein. I agree to comply with any conditions for the variance required by
the BZA.
I authorize the members of the BZA and Frederick County officials to go upon the property for site
inspection purposes.
I understand that the sign issued to me when this application is submitted must be placed at the front
property line at least seven (7) days prior to the BZA public hearing and maintained so as to be
visible from the road or right-of-way until the hearing.
I hereby certify that all of the statements and information contained herein are, to the best of my
knowledge, true.
SIGNATURE OF APPLICANT
DATE l ' / 9 —1 6
SIGNATURE OF OWNER��V_"'�DATE Z r r
if er nap lica
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF 8 - / 6 - ) & ACTION:
-DATE-
0
0
SIGNED:
APPROVAL
DENIAL
DATE: d . 1G •
BZA CHAIRMAN
II
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
August 2, 2016
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE REQUEST #09-16 OF J.H. Yost III
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a
public hearing being held on Tuesday, August 16, 2016, 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 #09-16 of J.H. Yost III for a 15 foot left and right side yard variance
to a required 50 foot left and right side yard setback will result in a 35 foot left and right
side yard setback. This property is located on Martinsburg Pike (Route 11 North) turn
right onto Brucetown Road (Route 667) turn right onto Rocky Ford Road (Route 667)
and is identified with Property Identification Number 45-A-47 in the Stonewall
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,
ar Cheran
Zoning Administrator
MRC/pd
107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000
1}
This s, to certify that the attached correspondence was mailed to the following on
'/ / (-9 from the Department of Planning and Development, Frederick
County, Virginia:
45 - A- - 47-
BACKWOODS PROPERTIES LLC
2489.3 MARTINSBURG PIKE
STEPHENSON VA 22656-1746
45 - A- - 46-
JOBE ALLEN B
JOBE VELDA D
230 MILBURN RD
WINCHESTER VA 22603.4721
-- _ 45 - A- - 44•
WEATHERTON LOUBERTA G
PO BOX 233
CLEAR BROOK VA 22624.0233
45 - A- - 48-
WRIGHT DONAL IRENE
153 ROCKY FORD RD
CLEAR BROOK VA
i
i
22624.1223
i
Mark R. Cheran, Zoning & Subdivision Administrator
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, i �u. , a Notary Public in and for the State and County
aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the
Departme t of Planning and Development, whose name is signed to the foregoing, dated
�- % (P , has personally appeared before me and acknowledged the same in my
State an ounty aforesaid.
Given under my hand this
day of
ou'-c
(o
M commission expires on
Y p
NOTARY PUBLIC
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45 - A- - 47-
BACKWOODS PROPERTIES LLC
2489.3 MARTINSBURG PIKE
STEPHENSON VA 22656-1746
! 45 - A- - 47-
BACKWOODS PROPERTIES LLC
j 2489.3 MARTINSBURG PIKE
STEPHENSON VA 22656.1746
45 - A- - 46- 45 - A- - 46 — --- -
JOBE ALLEN B JOBE ALLEN B
JOBE VELDA D JOBE VELDA D
230 MILBURN RD 230 MILBURN RD
WINCHESTER VA 22603.4721 WINCHESTER VA 22603.4721
45 - A- - 44-
WEATHERTONLOUBERTA G
PO BOX 233
CLEAR BROOK VA 22624-0233
45 - A- - 44-
WEATHERTON LOUBERTA G
PO BOX 233
CLEAR BROOK VA 22624-0233
45 A- - 48- 45 - A- - 48-
WRIGHT DONAL IRENE ! WRIGHT DONAL IRENE
153 ROCKY FORD RD 153 ROCKY FORD RD
CLEAR BROOK VA 22624.1223 CLEAR BROOK VA 22624.1223
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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 and Property Identification Number
Address
Name
' /
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Property # v _ — �%�
Name
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Property #
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Name
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Name
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Name
Property #
Name
Property #
Name
Property #
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9 L4S=I4- y-I
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
August 2, 2016
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE REQUEST #09-16 OF J.H. Yost III
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a
public hearing being held on Tuesday, August 16, 2016, 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 Reque 0� 6 of J.H. Yost III for a 15 foots 4de
e yard variance to a
required,5 foo %I0 yard setback will result in a?Sfo yard setback. This
property is located on Martinsburg Pike (Route 11 North) turn right onto Brucetown
Road (Route 667) turn right onto Rocky Ford Road (Route 667) and is identified with
Property Identification Number 45-A-47 in the Stonewall 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
I (Cka
/UIlt
6 107 North Kent Street Suite 202 9 Winchester Virginia 22601-5000
WE
s
REQUESTING AGENT:
DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS
FREDERICK COUNTY, VIRGI NIA
r la( i(f—
GIS, MAPPING, GRAPHICS
WORK REQUEST
DATE RECEIVED:
REQUESTED
Department, Agency, or Company: -
Mailing and/or Billing Address:
Telephond;.
E-mail Address:
ESTIMATED COST OF PROJECT:
FAX:
VAlb:
DESCRIPTION OF REQUEST: (Write additional information on back of request)
Oda Map # a 9-/&
,ys -n - y
DIGITAL: PAPER: FAX: E-MAIL:
gT7.R4-
COLOR. BLACK/WHITE: NUMBER OF COPIES:
STAFF MEMBER:
COMPLETION DATE:
MATERIALS:
DATE OF PICK-UP/DELIVERY:
AMOUNT DUE:
AMOUNT BILLED:
METHOD OF P-AYMENT:
HOURS REQUIRED:
AMOUNT PAID:
CHECK NO.#
Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)
Clerk's Office in which said deed of trust is recorded, showing the said notes to have
been fully paid, and the lien of said deed of trust to have been fully satisfied and
released; and further to release the lien of said deed of trust. And we, Hallock M. Lee
and Grace Flood Lee, do represent that we were the holders of said notes at the time the
said notes were paid.
Witness the following signatures and seals this 5th day of December,
1952.
HALLOCK M. LEE (SEAL)
GRACE FLOOD LEE (SEAL)
State of Virginia,
City of Portsmouth, to -wit:
I, Maud D. Hemby, a Notary Public in and for the City of Portsmouth,
State of Virginia, hereby certify that Hallock M. Lee and Grace Flood Lee, whose names
are signed to the foregoing and annexed power of attorney, bearing date December 5th,
1952, have personally appeared before me and acknowledged the same in my City and State
aforesaid.
My Commission as Notary Public expires August 17, 1954.
Given under my hand this 5th day of December, 1952.
(SEAL)
VIRGINIA
FREDERICK COUNTY, (SCT.
MAUD D. HEMBY
notary Public.
This instrument of writing was produced to me on the 25th day of
April 1953 at 3:40 P. M. and with certificate of acknowledgment thereto annexed was
admitted to record.
,CLERK
4 #
RAY
R. RUSSELL, ET UX
TO •• •• DEED b' �.
G. W. GARLAND CARLISLE, ET UX #
THIS DEED made and dated this 25th day of April, 1953, by and be-
'
tween Ray R. Russell and Carrie 0. Russell, his wife, parties of the first part, and G.;4"�
W. Garland Carlisle and Mary U. Carlisle, his wife, parties of the second part.
WITNESSETH: That for and in consideration of the sum of Ten Dollars
($10.00) cash in hand paid, and other good and valuable consideration, the receipt of '
all of which is hereby acknowledged, the said parties of the first part do hereby grant,
sell, and convey, with general warranty of title, unto the parities of the second part,
jointly, with common law right of survivorship, a certain lot or parcel of land containing
128,000 square feet, more or less, lying and being situate on the Western side of Virginia
State Secondary Highway No. 667, otherwise known as the road leading Southward from the:
Brueetown -Wadesville Road near Brucetown, in Stonewall District, Frederick County, Vir-
ginia, and described as beginning at an iron peg on the Western side of said road a
corner to the land of Swimley, and running thence with Swimley's line in a Western
direction a distance of 280 feet to a stake corner; thence a new line with the other
land of Russell in a Southern direction a distance of 100 feet to a stake corner; thence,
a new line in an Eastern direction still with the other land of Russell a distance of
End Fence post
with Iron Pipe
near base at
0.56' N, 0.25' W
PUP
TM #45-A-44
Louberta G.
Weatherton
DB 448 Pqq 652
18.3� Ac.
i
Notes:
1. Boundary shown hereon was determined by a field
run survey performed under my supervision.
2. This plat is subject to easements and restrictions
of record.
3. No title report furnished.
4. Side yard building restriction lines are overlapping
and are therefore not shown.
0.6403
Ac.
Ord ROpc
RAC �. 40 RR� /w,l
TM #45-A-46
Allen B. Jobe &
Velda D. Jobe
Inst. #120000412
3.71 Ac.
Q�o�1�000
Rebar Found
at 0.32'
A=100.71'
R=850.00'
D=6'47'20"
C=100.65'
CB=S 17'52'22" W
toMICHAEL
H OFBoard of Zonin Appeals Exhibit M. ART'LNo. 1513—B
0.6403 c. 711V16
Stonewall District, Frederick County, Virginia o suR`'�y
Scale: 1 - 40 Date: July 11, 2016
Present Owner
Backwoods Properties, L.L.C. 720 Rood
p Woodstock
VA 22664
TM #45-A-47 Inst. #160005873 540-327-3233
Project #22538 _
natP X TimP
r? �V i i1 \J
1 JUL 1 8 2016.�
Document Approval Form
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS
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(S:Office on Blackbox\Forms\Document Approval Form —6/7/2016 )