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17-16 James Myers & Faye Myers - PIN 21-A-14 & 15 - Gainesboro - Backfile
BOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: File opened l 5/ I Reference Manual updated/number assigned U a l � D-base updated 10 a5-1 l(o Location maps requested from Mapping Adjoiner list given to Planner (d Application Action Summary updated MEETING DATE:_ CLOSE FILE: FINAL ACTION: Approval (or denial) letter mailed to applicant/copy made. for file & cc's File stamped "approved", "denied" or "withdrawn" la-c�O-I Reference Manual updated D-base updated Application Action Summary updated 3 -a -t —t 8C_c�uc c Sys ID # DAE�RIP `"v 11 I 7 RECEIVED-FR®Ivi ADDRESS°� �Ic�� 1 l `11IY1 111G�rh��Y 1, �iii�3 FOtt �liLV ICIV'1C'`F � (' 1 lln 4 � ACCOUNT HOW PAID " AMT.OE CASH ACCOUNT AMT. CHECK'. PAID - �(� BALANCE MONEY DUE ORDER �. 1llQ 1 n�nna "R�n�cn�nt n ui Qti si'' COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 December 21, 2016 GreyWolfe, Inc. Mr. Gary Oates 1073 Redbud Road Winchester, VA 22603 RE: VARIANCE REQUEST #17-16 Dear Mr. Oates: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on December 20, 2016. The request on parcel identified by Property Identification Number 21-A-14 was approved by the BZA to allow a 74 foot left side yard variance to a required 100 foot left side yard setback resulting in a 26 foot left side yard setback, and a 30 foot right side yard variance to a required 100 foot right side yard setback resulting in a 70 foot right side yard setback. The property is located at 1444 Hunting Ridge Road 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/pd cc: Charles S. DeHaven, Jr., Chairman Board of Supervisors Kevin Kenney and Charles Triplett, Gainesboro District Planning Commissioners Mr. James Myers 1425 Hunting Ridge Road, Winchester, VA 22603 Jane Anderson, Real Estate Commissioner of Revenue Mark Fleet, Building Official 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 Pam Deeter From: Mail Delivery System < MAILER- DAEMON @co.frederick.va.us> To: cdehaven@crosslink.net; kkenneybuildings@gmail.com; ctriplet.fredcogovpc@icloud.com Sent: Wednesday, December 21, 2016 10:38 AM Subject: Relayed: Approval for Variance Request #17-16 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: cdehaven@crosslink.net kkenneybuildings@gmail.com ctriplet.fredcogovpc@icloud.com Subject: Approval for Variance Request #17-16 i } r ' Pam Deeter To: Charles S. DeHaven (cdehaven@crosslink.net); Kevin Kenney; ctriplet.fredcogovpc@icloud.com Subject: Approval for Variance Request #17-16 Attachments: SKMBT_PLAN16122111350.pdf Good morning, Please find attached a letter from Mr. Cheran as to the action that was taken on the Variance Request #17-16 for James Myers 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 VARIANCE APPLICATION #17-16 JAMES MYERS and FAYE MYERS Staff Report for the Board of Zoning Appeals Prepared: December 9, 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: December 20, 2016 Public Hearing; Action Pending LOCATION: The property is located at 1444 Hunting Ridge Road, Winchester, Virginia. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 21-A-14 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential 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 74 foot left side yard variance to a required 100 foot left side yard setback resulting in a 26 foot left side yard setback, and a right side yard variance of 30 foot to a required 100 foot right side yard setback resulting in a 70 foot right side yard setback. The variance is requested to allow the construction of a new house to replace the existing dwelling. REASON FOR VARIANCE: The property cannot meet current setbacks do to size and acreage of the adjoining properties. • 9 Variance #17-16 — James Myers and Faye Myers Page 2 December 9, 2016 STAFF COMMENTS: This property was created in 1956 as shown on the deed. Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-1 (Agricultural Limited) 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 and 50 feet rear. Frederick County amended its Ordinance in 1989 to change the A-1 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, and 100 feet to both sides. The Applicant is requesting a variance of 74 feet on the left side yard from the current 100 feet resulting in a 26 foot setback. A 30 foot right side yard variance from the current 100 foot requirement resulting in a 70 foot setback. This variance, if granted, would allow the constiuction of a dwelling replacing the existing dwelling. It should be noted that the new house would be located farther back from the road in conformance with the front setback. STAFF CONCLUSIONS FOR THE DECEMBER 20, 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 due to the lot size and the inability to meet the RA setbacks of the Frederick County Zoning Ordinance. r ana Kiyni .3iue variance 1485 .' j �'• ' gg��LL HUNiING�'� .yRIDG~'EETRD ra,,. t r • ,t i`. x or °� 1474 '.� • `�.' J HUNTING/ ... -._.. RIDGE Q � 21 A 14 .r r 4' '1425 HUNTING =d1 i"� Y; I RIDGE RD — 1�' Applications Parcels Sewer and Water Service Area 0 Building Footprints B1 (Business, Neighborhood District) B2 (Business, General District) 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) ' 1A:: VAR # 17 - 16 Note: Frederick County Dept of James Myers and Planning & Development Faye Myers 107 N Kent St %� y Suite 202 PINS: Winchester, VA 22601 21 - A - 14, 21 - A - 15 540 - 665 - 5651 Left and Right Side Variance Map Created: October 28, 2016 Staff: mcheron 0 60 120 240 Feet Applications Parcels V Sewer and Water Service Area Building Footprints VAR #17-16 James Myers and Faye Myers PINS: 21 - A - 14, 21 - A - 15 Left and Right Side Variance Note: Frederick County Dept of Planning & Development 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: October 28, 2016 Staff: mcheran 0 60 120 240 Feet Variance Application # - �o Submittal Date Fee Amount Paid lily(�O 019- Sign Deposit Paid — APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA, OCT 2 5 2016 -OFFICE USE ONLY - Submittal Deadline +I iPl I G For the BZA Meeting of Initials: �� Receipt # 1 7 MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT I . The applicant is the owner F-1 other I V I . (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: Greywolfe, Inc - Gary R. Oates ADDRESS: 1073 Redbud Road Winchester, VA 22603 OCCUPANT: (if different) NAME: James and Faye Myers ADDRESS: 1425 Hunting Ridge Road Winchester, VA 22603 TELEPHONE: 540-667-2001 TELEPHONE: 540-667-1893 3. The property is located at (give exact directions and include State Route Numbers): 1444 Hunting Ridge Road Tax Parcel 21-(A)-14 and 21-(A)-15 (((to be consolidated into 21-(A)-14))) 4. The property has a road frontage of 165' feet and a depth of +/- 480' feet and consists of 1.711 acres (please be exact). 5. The property is owned by James and Faye Myers as evidenced by deed from Joseph V. Buonassissi, ll, Trustee recorded (previous owner) in deed book no. on page or instrument number 020014487 of the deed books of the Clerk 7 of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Gainesboro 7. Property Identification Number (P.I.N.): 21-(A)-14 & 21-(A)-15 (((to be consolidated to 21-(A)-14))) 8. The existing zoning of the property is: RA (Rural Areas) 9. The existing use of the property is: Residence 10. Adjoining Property: USE ZONING North Residence RA East Residential RA South Residence RA West Residential RA 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") The owner would like a left side yard of 26.0' and a right side yard of 70.0' for the construction of a new house. 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 The owner is combining the two parcels to increase the lot size; however, under the current setbacks, the side setbacks are 100' and they overlap on the property. There is an old house in poor that the owner like to demolish and build a new ranch -style home. See attached renderings. Note the old house encroaches into the front setback. The new house will be set further from the road. 8 13. Additional comments, if any: The new house is constrained by overlapping side yard setbacks, a power line, and the drainfield. To the house anywhere on the lot, variances are required for the side yards. The owner is combining to non- conforming lots into one to improve the situation. 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 NameGordon Nelson 1485 Hunting Ridge Road Winchester, Virginia 22603 Property #21-(A)-11 Name Richard Wright 1474 Hunting Ridge Road Winchester, Virginia 22601 Property#21-(A)16 Name Bonnie Livingston 1388 Hunting Ridge Road Winchester, Virginia 22604 Property #21-(A)-13B NameJames and Faye Myers 1425 Hunting Ridge Road Winchester, Virginia 22603 Property#21-(A)-12 Name Property # Name Property # Name Property # Name Property # 0' •! .• AGREEMENT VARIANCE # 0- 1(0 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 (77) 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 IP - 146 SIGNATURE OF OWNER DATE if other tha applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 0 20. )0/40 ACTION: -DATE- APPROVAL DENIAL 1AJ7�,. SIGNED: — BZA tHAIRMAN DATE: 12 %y. /& ri .• Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) James E. Myers (Phone) 667-1893 (Address) 1425 Hunting Ridge Road, Winchester, VA 22603 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 020014487 on Page Parcel: Lot: Block: Section: do hereby make, constitute and appoint: and is described as Subdivision: 21-(A)-14 & 21-(A)-15 (((to be consolidated to 21-(A)-14))) (Name) GreyWolfe, Inc - Gary R. Oates (Phone) (540) 667-2001 (Address) 1073 Redbud Road, Winchester, VA 22603 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) _Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan _Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or un it it ' otherwise sci ded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this ay of , 20_t6, Signature(s) 4;;qA I A I RA_ State of Virginia, City/1Count f Tf V('tiCIL---- , To -wit: I, - V% I p a Notary Public in and for the jurisdiction aforesaid, certi that the p r on(s) who signed to the foregoing instrument personally p red before me and has ac owledged s efore me in the jurisdiction aforesaid this instrument of , 20JL. KAREN YAl1 mtsston Aires: Ip���1� Notar Pub NVIAH r .uauC Y REGISTRATION N 183985 COMMONWEALTH OF VINGIN AA 00a3 ` '12 21-(A)-16 RICHARD A. WRIGHT DB 968, PG 662 ZONED: RA USE: RES Ill ACRES I 5 30°25,38„ W - 161.41' O 21-(A)-15 JAMES E. & FAYE A MYERS #020014487 ZONED: RA USE: RES CONSOLIDA TED TAX PARCELS 21-(A)-14 & 21-(A)-15 1,711 ACRES OVERLAPPING BUILDING RESTRICTION LINES / p EREBR VA'CATEU � N 21-(A)-14 JAMES E. & FA YE P. MYERS #020014487 ZONED: RA USE: RES • EX. SEPTIC TANK � E � E � E � r/Z " IRF 21-(A)-13B BONNIE SIRBAUGH LIVINGSTON & DAVID J. LIVINGSTON DB 828, PG 167 ZONED: RA USE: RES 130 ACRES N 0 a z 3.60' NOTE: BUILDING RESTRICTION LINES PER FREDERICK COUNTY REQUIREMENTS: FRONT = 60' BACK = 100' SIDES = 100' E � *HATCHED AREA DENOTES 59.44' 39.465' HEREBY DEDICATED TO THE NpUS E ' COUNTY OF FREDERICK Cl / EX EX. RADIUS = 2098.69' WELL LENGTH = 165.53' Gl —TPED TANGENT=82.81' p / 'TE 6p8 CHORD = 165.49' ROU BEARING = N 25°3739" E _ / ROA W DELTA=4°31'09" UNIING R10GE 433 0pG N400 TOED 050 60' 0' 60' }g o, / R1 j31 GRAPHIC SCALE i BOARD OF ZONING APPEALS EXHIBIT �PLTH OF CONSOLIDATING TAX PARCELS 21-(A)-14 & 21-(A)-15 U G)XR FZ. 0 TES D GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA No. 1518-B 1073 Redbud Road is GreyWolfe, Inc. Winchester, VA22603 gtip SURv�yO 1; 4 Land Surveying and Consulting G eyW o1 /7 2001 OFC Lcom 540-545-4001 FAX FILE NO: 0012 DATE: OCTOBER 25, 2016 SCALE 1" = 60' SHEET 1 OF 2 0• '12 21-(A)-16 RICHARD A. WRIGHT OB 968, PG 662 ZONED:RA USE RES ±11 ACRES C1 RADIUS 2098, 69' LENGTH = 165.53' TANGENT =82.81 ' CHORD = 165.49' BEARING = N 25°3739" E DELTA=4°31'09" P`TH OFF GAR' R. OATES v No. 1518-B �4 suR\j�yo� FILE N0: 0012 1,41 S 30°25'38" W CONSOLIDATED TAX PARCELS 21-(A)-14 & 21-(A)-15 1.711 ACRES OVERLAPPING BUILDING o°o RESTRICTION LINES v w NCA ED Q j APPROVED DRAINFELD I � I 26.0' EX. SEPTIC TANK PROPOSED HOUSE 70.0' � E E i 60R- / o f880� R 7731 EX. WELL C1 ROTE 6p8 R1DGE R 0 W p0 H�NIINC DB 303, PC 4 a a N 0 v z 1/, "IRF 21-(A)-13B BONNIE SIRBA UGH LIVINGSTON & DAVID J. LIVINGSTON DB 828, PG 167 ZONED: RA USE: RES t30 ACRES NOTE: BUILDING RESTRICTION LINES PER FREDERICK COUNTY REQUIREMENTS: FRONT = 60' BACK = 100' SIDES = 100' *HATCHED AREA DENOTES 5' HEREBY DEDICATED TO THE COUNTY OF FREDERICK TPED 60' 0' 60' GRAPHIC SCALE BOARD OF ZONING APPEALS EXHIBIT CONSOLIDATING TAX PARCELS 21-(A)-14 & 21-(A)-15 GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA �i j GreyWolfe, Inc. w Land Surveying and Consulting DATE: OCTOBER 25, 2016 1 SCALE: 1 " = 60' 1073 Redbud Road Winchester, VA 22603 GreyWolfelnc@aol.com 540-667-2001 OFC 540-545-4001 FAX SHEET 2 OF 2 21-(A)-16 RICHARD A. WRIGHT DS 968, PG 662 ZONED: RA USE: RES Ill ACRES a O O S 3o°Z5�38� W - 161.41' 21-(A)-15 )AMES E. & FA YE A MYERS #020014487 ZONED: RA USE: RES CONSOLIDA TED TAX PARCELS 21-(A)-14 & 21-(A)-15 1.711 ACRES OVERLAPPING BUILDING RESTRICTION LINES PERK j % / NEREg gy ACA 21-(A)-14 )AMES E. & FA YE P. MYERS #020014487 ZONED: RA USE: RES • EX. SEPTIC a TANK � E � E 112 " IRF 21-(A)-13B BONNIE SIRBAUGH LIVINGSTON & DAVID ). LIVINGSTON DB 828, PG 167 ZONED: RA USE: RES 1.30 ACRES 3.60' NOTE: BUILDING RESTRICTION LINES PER FREDERICK COUNTY REQUIREMENTS: FRONT = 60' BACK = 100' SIDES = 100' THATCHED AREA DENOTES 59.44' 5' HEREBY DEDICATED TO THE NOSE '", 39.46' COUNTY OF FREDERICK , EX, � _Cl EX. ' � RADIUS = 2098, 69' WELL 4, O — LENGTH = 165, 53' Q C 1 _ —TPED CHORD TANGENr 165, 49' ROTE boa BEARING = N 25°3739" E DE ROA DELTA=4°31'09" HUNTING RIB 4003 O O 400 TPED 05 60' 0' 60, �aaof / RT �31 GRAPHIC SCALE BOARD OF ZONING APPEALS EXHIBIT E)l CCONSOLIDATING TAX PARCELS 21-(A)-14 & 21-(A)-15 D GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Road GreyWolfe, Inc. 1073RedbuA226Winchester VA 22603 Land Surveying and Consulting GreyWo/felncgao/.com 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0012 1 DATE: OCTOBER 25, 2016 SCALE: I" = 60' SHEET 1 OF 2 • 0 21-(A)-16 RICHARD A. WRIGHT DB 968, PG 662 ZONED: RA USE: RES 111 ACRES C1 RADIUS = 2098, 69' LENGTH = 165.53' TANGENT=82.81' CHORD = 165.49' BEARING = N 25°3739" E DELTA=4°31'09" T H O,c V � GAR' R. OATES No. 1518-B I C) -:z /G S U R\j 100 FILE NO., 0012 30°25,38W _ 161,41 S CONSOLIDA TED TAX PARCELS 21-(A)-14 & 21-(A)-15 1.711 ACRES OVERLAPPING BUILDING RESTRICTION LINES w N N PROPERR v �A� D HEREBY j APPROVED DRAINFELD I � I 26.0' TPED t880 731 PROPOSED HOUSE EX. SEPTIC TANK ,3 70.0' E E E ---- E \ i i EX. WELL C1 1 z— ROTE 608 1<557�ROPD TINO RIDGE40 R PC 400 NUN DB 3031 0 112 " IRF 21-(A)-138 BONNIE SIRBAUGH LIVINGSTON & DAVID J. LIVINGSTON DB 828, PG 167 ZONED: RA USE: RES f30 ACRES NOTE BUILDING RESTRICTION LINES PER FREDERICK COUNTY REQUIREMENTS: FRONT = 60' BACK = 100' SIDES = 100' *HATCHED AREA DENOTES 5' HEREBY DEDICATED TO THE COUNTY OF FREDERICK TPED 60' 0' 60' GRAPHIC SCALE BOARD OF ZONING APPEALS EXHIBIT CONSOLIDATING TAX PARCELS 21-(A)-14 & 21-(A)-15 GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 GreyWolfe, Inc. inchester, RedbuRoad WinchAVA 22603 Land Surveying and Consulting GreyWoifelncC)aoi.com is 540-667-2001 OFC 540-545-4001 FAX DATE: OCTOBER 25, 2016 SCALE: 1 " = 60' SHEET 2 OF 2 • .. OFFICIAL RECEIPT NOV 2 1 2016 FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 11/21/16 TIME: 10:05:08 ACCOUNT: 069CLR160011717 RECEIPT: 16000022880 CASHIER: EAB REG: WE17 TYPE: PM PAYMENT: FULL PAYMENT INSTRUMENT 160011717 BOOK: PAGE: RECORDED: 11/21/16 AT 10:05 GRANTOR: MYERS, JAMES E EX: N LOC: CO GRANTEE: MYERS, JAMES E EX: N PCT: 10096 AND ADDRESS : , RECEIVED OF : GARY OATES/COUNTER CHECK: $21.00 DESCRIPTION 1: GA DIST PAGES: 4 OP: 0 2: NAMES: 0 CONSIDERATION: .00 A/VAL: .00 MAP: MISC PIN: 301 DEEDS 14.50 145 VSLF 1.50 106 TECHNOLOGY TRST FND 5.00 TENDERED 21.00 AMOUNT PAID: 21.00 CHANGE AMT : .00 CLERK OF COURT: REBECCA P. HOGAN PAYOR'S COPY RECEIPT COPY 1 OF 2 • —ca �o C' p• 'Q>gf�'QO bow SITE ��►� J j m m VICINITY MAP I 1 " = 2000' PLAT OF LOT CONSOLIDATION FOR TAX PARCELS 21-(A)-14 & 21-(A)-15 GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 3UNE 9, 2016 OWNERS CERTIFICATE THE ABOVE AND FOREGOING LOT CONSOLIDATION OF THE LANDS OFJAMES E. MYERS & FA YE P, MYERS, AS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY, JAMEFE. MYERS m'stzmtm,1 COM TM F VIRGINIA.. CI /COUNTY - I - TO WIT: THE FO �OING O��IN R S CERTIFIC TE WAS -ACKNOWLEDGED BEFORE ME THIS,_ DAY OF 4 (�--L 20 l BY: PRINTED � �OWWNNER �t 4'" . G"1r� /635i,aS- SIGNATURE NOTARY PUBLIC MY COMMISSION EXPIRES / 0 / 1 w r � SURVEYOR'S CERTIFICATE �N p �} '•:��/;mac SEAL :10 1 HEREBY CERTIFY THE PARCELS CONTAINED IN THIS LOT CONSOLIDATION ARE THE LANDS CONVEYED TO DAMES E. MYERS AND FA YE P. MYERS FROM RICHARD K. KERNS, RAMONA E. KERNS, AND JOSEPH V. BUONASSISSI, 11 (SUBSTITUTE TRUSTEE), BY DEED DATED JULY 8, 2002, OF RECORD IN THE FREDERICK COUNTY CIRCUIT CLERK'S OFFICE AS INSTRUMENT 020014487. f� GARYR. ATES, LAND SURVEYOR APPROVAL FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE �PLTH OF IRGINIA DEPARTMENT OF HEALTH DATE I o c� U ;? n D VIRGINIA DEPARTMEN OF TRANSPORTATION DATE r /� qvT G R�l R. 0 ES 1073 Redbud Road No. 1518-B GreyWolfe, Inc. Winchester, VA22603 Land Surveying and Consulting GreyWoifelnc(?aoi.com 540-667-2001 OFC S U Rv Ey�� 540-545-4001 FAX DRAWN BY: CB FILE NO: 0012 1 SHEET 1 OF 4 • • NOTES 1. AFIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN JUNE, 2016, 2. A TITLE REPORT HAS NOT BEEN FURNISHED, THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT 3. THERE WAS NO READILY APPARENT EVIDENCE OF CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES, 4. TAX PARCELS ARE LOCATED ON FLOOD INSURANCE RATE MAP No. 51069CO125D IN FLOOD ZONE 'X', AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, DATED SEPTEMBER 2, 2009, ABBREVIA TIONS LEGEND BRL = BUILDING RESTRICTION LINE PG = PAGE O = PROPERTY CORNER FOUND DB = DEED BOOK RES. = RESIDENTIAL EX. = EXISTING R. 0. W, = RIGHT OF WAY © = PROPERTY CORNER SET IRF = IRON ROD FOUND TPED = TELEPHONE 18" X H PEDESTAL I/ PLASTIC CAP —E— = OVERHEAD ELECTRIC —X— = WIRE FENCE VIRGINIA DEPARTMENT OF HEALTH NOTES THIS LOT CONSOLIDATION IS APPROVED FOR INDIVIDUAL ONSITE SEWAGE DISPOSAL SYSTEMS IN ACCORDANCE WITH THE PROVISIONS OF THE CODE OF VIRGINIA, AND THE SEWAGE HANDLING AND DISPOSAL REGULATIONS (12 VAC 5-610-10 ET SEQ., THE "REGULATIONS '), OR (CHAPTER 613, REGULATIONS FOR ALTERNATIVE ONSITE SEWAGE SYSTEMS), THIS LOT CONSOLIDATION WAS SUBMITTED TO THE HEALTH DEPARTMENT FOR REVIEW PURSUANT TO SECTION 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 (ROSE) OR A PROFESSIONAL ENGINEER WORKING IN CONSULTATION WITH AN AOSE FOR RESIDENTIAL DEVELOPMENT THE HEALTH DEPARTMENT IS NOT REQUIRED TO PERFORM A FIELD CHECK OF SUCH EVALUATIONS. THIS LOT CONSOLIDATION WAS CERTIFIED AS BEING IN COMPLIANCE WITH THE BOARD OF HEALTH'S REGULATIONS BY FRANK LEE, ROSE #1209. THIS SUBDIVISION APPROVAL IS ISSUED IN RELIANCE UPON THAT CERTIFICATION. PURSUANT TO SECTION 360 OF THE REGULATIONS THIS APPROVAL IS NOT AN ASSURANCE THAT SEWAGE DISPOSAL SYSTEM CONSTRUCTION PERMITS WILL BE ISSUED FOR THIS LOT UNLESS THE LOT IS SPECIFICALLY IDENTIFIED AS HAVING AN APPROVED SITE FOR AN ONSITE SEWAGE DISPOSAL SYSTEM, AND UNLESS ALL CONDITIONS AND CIRCUMSTANCES ARE PRESENT AT THE TIME OF APPROVAL. THIS LOT CONSOLIDATION APPROVAL IS ISSUED IN RELIANCE UPON THE AOSE CERTIFICATION THAT THE APPROVED LOT IS SUITABLE FOR AN ONSITE SEWAGE DISPOSAL SYSTEM; HOWEVER, ACTUAL SEWAGE DISPOSAL DESIGNS MAY BE DIFFERENT AT THE TIME SEWAGE DISPOSAL SYSTEM CONSTRUCTION PERMITS ARE ISSUED. w Ca 98 a Ul LLA N 21-(A)-14 DAMES E. & FA YE P. 50, 0' 50' MYERS #020014487 ZONED: RA GRAPHIC SCALE USE: RES PLAT OF LOT CONSOLIDATION FOR �pjH OF TAX PARCELS rc�2 21-(A)-14 & 21- A -15 GARY R. 0 A T E S GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA No. 1518-B _ r �G `qNp � 1073 Redbud Road i GreyWolfe, Inc. Winchester, VA22603 Land Surveying and Consulting GreyWoifelnc@aoi.com S U Rv 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0012 DATE.' JUNE 9, 2016 SCALE: 1 " = 50' SHEET 2 OF 4 0P`'00 21-(A)-16 RICHARD A. WRIGHT DB 968, PG 662 ZONED: RA USE: RES f11 ACRES x � 161.41' 30 5 It 38 W O 5 1/1 ° IRF I C1 RADIUS = 2098, 69' LENGTH = 165.53' TANGENT=82.81' CHORD = 165, 49' BEARING = N 25°3739" E DELTA=4°31'09" 31 / R 21-(A)-15 DAMES E. & FA YE P. MYERS #020014487 ZONED: RA USE: RES CONSOLIDA TED TAX PARCELS 21-(A)-14 & 21-(A)-15 1, 711 ACRES OVERLAPPING BUILDING RESTRICTION LINES n LINE_— HEREBR vAGATEp PROPOSED DRAINFIELD i i � � J i 112 " IRF 21-(A)-13B BONNIE SIRBAUGH LIVINGSTON & DAVID J. LIVINGSTON DB 828, PG 167 ZONED: RA USE: RES f30 ACRES s NOTE: BUILDING RESTRICTION LINES PER FREDERICK COUNTY REQUIREMENTS: z FRONT = 60' BACK = 100' SIDES = 100' EX. SEPTIC TANK � E E � E � E � E E 21-(A)-14 *HATCHEDAREA DENOTES �0 DAMES E. & FA YE P. 5' HEREBY DEDICATED TO THE MYERS COUNTY OF FREDERICK - - #020014487 EX.. ZONED: RA USE: RES WELL or� C1 , , ROO 608 ROAD pG0 O,W HUNTING Rl96 6 03• pG egg TPED 60' 0' 60' GRAPHIC SCALE PLAT OF LOT CONSOLIDATION FOR O-4\�PLTH OF TAX PARCELS �2 21-(A)-14 & 21-(A)-15 U G RY R, 626 GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA No. 1518-B G _ 9 /G 0 1073 Redbud Road �'�- GreyWolfe, Inc. Winchester, VA22603 `��� SURv�yo� Land Surveying and Consulting Grey Wolfelnco)aol, 540-667-2001 OFCm 540-545-4001 FAX FILE NO: 0012 DATE: DUNE 9, 2016 SCALE: 1 " = 60' SHEET 3 OF 4 i 0 x� x� O 61,41' x � 30 5 38 W 1 O S '12 " IRF 21-(A)-16 RICHARD A. WRIGHT DB 968, PG 662 ZONED: RA USE: RES fll ACRES CI RADIUS = 2098, 69' LENGTH = 165.53' TANGENT =82,81 ' CHORD = 165.49' BEARING = N 25°37.39" E DELTA=4°31'09" I / RT' 731 P`TH of � �c 1 , u G W RW a ES v No. 1518-B `��� SURv�yO� FILE NO: 0012 21-(A)-15 JAMES E & FAYE P. MYERS #020014487 ZONED: RA USE: RES CONSOLIDA TED TAX PARCELS 21-(A)-14 & 21-(A)-15 1,711 ACRES OVERLAPPING BUILDING RESTRICTION LINES / LINE , cA� D PROPER �NEREgY 21-(A)-14\�'��, JAMES E. & FA YE A MYERS #020014487 ZONED: RA • EX. z USE: RES SEPTIC � TAN! CLOTHES E LINE � E � E -E 59. 44' X 39, 46' EX, WELL D ROAD . ROUTE 608 GE 0 W HUNTING RIDE 0 0 ' P� 4p0 '12 " IRF 21-(A)-13B BONNIE SIRBA UGH LIVINGSTON & DAVID J, LIVINGSTON DB 828, PG 167 ZONED: RA USE: RES f30 ACRES NOTE: BUILDING RESTRICTION LINES PER FREDERICK COUNTY REQUIREMENTS.' FRONT = 60' BACK = 100' SIDES = 100' 3, 60' *HATCHED AREA DENOTES 5' HEREBY DEDICATED TO THE COUNTY OF FREDERICK - - TPED 60' 0' 60' GRAPHIC SCALE PLAT OF LOT CONSOLIDATION FOR TAX PARCELS 21-(A)-14 & 21-(A)-15 GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA /± 1073 Redbud Road it GreyWolfe, Inc. Winchester, VA22603 IR11 Land Surveying and Consulting GreyWo/felnc@aoi.com 540-667-2001 OFC 540-545-4001 FAX DATE: JUNE 9, 2016 SCALE: 1 " = 60' SHEET 4 OF 4 0 0 c� C; O N -r- v lKUINIA: FI-3DERICK COUNTY.SC-1: This instrument of writing was produced to me oft at J6 • D.SA- 31 nd with certificate acknowledgement thereto annexed wa& adanatt A to record. Tax imposed by Sec. 581_= 0(. =/=r 3M AI-Wt have bees paK if awesiabk i M COUNTY'of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 6, 2016 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #17-16 OF JAMES MYERS AND FAYE MYERS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, December 20, 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 #17-16 of James Myers and Faye Myers, submitted by GreyWolfe, Inc., for a 74 foot left side yard variance to a required 100 foot left side yard setback will result in a 26 foot left side yard setback and a 30 foot right side yard variance to a required 100 foot right side yard setback will result in a 70 foot right side yard setback. This property is located at 1444 Hunting Ridge Road, Winchester, Virginia and is identified with Property Identification Number 21-A-14 and 21-A-15 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. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, /4eh era Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on Q:5 from the Department ofPlanning and Development, Frederick County, Virginia: ( - - 21- -A" 12 - -- - -- - -- - { MYERS JAMES E 21 A• - 14- 100 MYERSONS DR MYERS JAMES E WINCHESTER VA 22602.4599 MYERS FAYE P 1425 HUNTING RIDGE RD WINCHESTER VA 22603.2424 -- -- _ -- - — _— - —_ 21 • A• - 15- MYERS JAMES E MYERS FAYE P 1425 HUNTING RIDGE RD WINCHESTER VA 21 -A- - 11- NELSON LOUISE B 1485 HUNTING RIDGE RD WINCHESTER VA 21 - A- - 16- WRIGHT RICHARD A 1474 HUNTING RIDGE RD WINCHESTER VA 21 - A- - 13-B LIVINGSTON BONNIE LIVINGSTON DAVID 1388 HUNTING RIDGE RD WINCHESTER VA I 22603.2424 i 22603.2424 22603.2444 22603.2443 Mark ItCheran, Zoning Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, `t c� � u e... , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Department 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 �day of U ,�,, , , f,� �. (� j cp My commission expires on �.�,cewv. `j 1. - /7 -NOTIT14 A` 'JOTARY PUBLIC REGISTRATION # 354474 CONIMONWEALTH OF VIRGINIA COMMISSION EXPIRES DECEMBER 31, 2017 .,:YUA-* erS Foj, fY\rv-S C. I -.A - I c�-) -A — )5 13. Additional comments, if any: TO:LANCE-DATA PROCESSING FROM: PAM - Planning Dept. Pleas print -;� sets of labels by > > ! I THANKS! The new house is constrained by overlapping side yard setbacks, a power line, and the drainfield. To place the house anywhere on the lot, variances are required for the side yards. The owner is combining to non- conforming lots into one to improve the situation. = 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 NameGordon Nelson 1485 Hunting Ridge Road Winchester, Virginia 22603 Property # 21-(A)-11 Name Richard Wright 1474 Hunting Ridge Road Winchester, Virginia 22601 Property # 21-(A)16 Name Bonnie Livingston 1388 Hunting Ridge Road Winchester, Virginia 22604 Property#21-(A)-13B NameJames and Faye Myers 1425 Hunting Ridge Road Winchester, Virginia 22603 Property#21-(A)-12 FNaEmerty # Name Property # Name Property # Name Property # 9 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 6, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #17-16 OF JAMES MYERS AND FAYE MYERS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, December 20, 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 #17-16 of James Myers and Faye Myers, submitted by GreyWolfe, Inc., for a-�A1 foot left side yard variance to a required/00foot left side yard setback will result in a f,6 foot left side yard setback and a 30 foot right side yard variance to a required/foot right side yard setback will result in a;� foot right side yard setback. This prdperty is located at 1444 Hunting Ridge Road, Winchester, Virginia and is identified with Property Identification Number 21-A-14 and 21-A-15 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. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, Mark Cheran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ac,-Wk-�,.s Fop' n"\ Y 'O' r s ►5 13. Additional comments, if any: The new house is constrained by overlapping side yard setbacks, a power line, and the drainfield. To place the house anywhere on the lot, variances are required for the side yards. The owner is combining to non- conforming lots into one to improve the situation. 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 Identifieation Number Address NameGordon Nelson 1485 Hunting Ridge Road . Winchester, Virginia 22603 Property # 21-(A)-11 Name Richard Wright 1474 Hunting Ridge Road Winchester, Virginia 22601 Property#21-(A)16 Name Bonnie Livingston 1388 Hunting Ridge Road Winchester, Virginia 22604 Property#21-(A)-13B NaIneJames and Faye Myers 1425 Hunting Ridge Road Winchester, Virginia 22603 Property # 21-(A)-12 Name Property # Name Property # Name Property # Name Property # w S REQUESTING AGENT; DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA r'Yl o./ V- GIS, MAPPING, GR.A.PMCS WORK REQUEST DATE RECEIVED: I c REQUESTED COMPLETION DATE: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) 0aof' vay (�Z-LL- �Av �4 �)-1-(�- 5 T"-e th��rs DIGITAL: PAPER:FAX: E-MAIL: SIZES: COLOR BLACK WHITE: NUMBER OF COPIES: STAFF MEMBER: HOURS REQUIRED: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY:` AMOUNT DUE: AMOUNT PAID: AMOUNT BILLED: METHOD OF PAYMENT: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) o° 0 T H I S T R U S T E E' S D E E D, made and entered into this 8th day of July, 2002, by and between JOSEPH V. BUONASSISSI, II, Substitute Trustee, party of the first part, whose address is 11350 Random Hills Road, Suite 600, Fairfax, Virginia 22030, Richard K. KERNS and Ramona E. KERNS (all to be indexed as Grantors); and, JAMES E. MYERS and FAYE P. MYERS, husband and wife, as tenants by the entirety, party of the second part, whose address is 1425 Hunting Ridge Road, Winchester, Virginia 22603 (to be indexed as Grantee). ,D1 WHEREAS, by deed of trust dated July 31, 1995 and N recorded in Deed Book 843, page 121, of the land records of the County of Frederick, Virginia, Richard K. Kerns and IN 1 Ramona E. Kerns conveyed the hereinafter described property to J. Judson McKellar, Jr. and Donald L.. Ritenour, Trustees, securing payment of the sum of $66,900.00 evidenced by a promissory note as is more fully set forth therein; and, WHEREAS, Joseph V. Buonassi�ssi, II, Richard E. Henning, Jr., Richard A. Lash and Mary Snyder Barry, were appointed Substitute Trustees by an Appointment of Substitute Trustee, dated March 13, 2002, and recorded on April 5, 2002 as "\ Instrument Number 020005636, page 57, of the aforesaid land records to serve as Trustees, which said rights, powers and 3 duties may be exercised either by any one of them acting individually or by two or more of them acting together in the place and stead of J. Judson McKellar, Jr. and Donald L. oilRitenour, by Virginia Housing Development Authority, the present owner and holder of the note secured by said deed of trust; and, WHEREAS, default was made in the payment of the aforesaid promissory note, and the said Substitute Trustees were requested by the owner and holder of said note, Virginia Housing Development Authority, to sell the said property pursuant to the terms of the aforesaid deed of trust; and, Tax Map No./Pin No. 21-A-14 and 15 -1- iCD WHEREAS, the said Substitute Trustees, advertised the time, place and terms of such sale in The Winchester Star, a newspaper published in or having a general circulation in the County of Frederick, Virginia, in its issues of June 20 and 27, 2002, the date of said Trustee's sale being fixed in said notice for July 8, 2002, at 9:00 o'clock, a.m., in front of the Winchester -Frederick County Joint Judicial Center (Cameron Street parking lot side), 5 North Kent Street, Winchester, Virginia; and, WHEREAS, in accordance with Title 55, Section 59.1A of the 1950 Code of Virginia, as amended, notice containing the Trustee's sale advertisement was mailed by certified mail, return receipt requested, no less than 14 days prior to July 8, 2002, to the owner(s) of the hereinafter described property at the last known address appearing on the records of the party secured by said deed of trust, to any subordinate lienholder holding a note against the property secured by a deed of trust whose address was recorded with the deed of trust and to any association lienholder specified in the aforementioned Section; and, WHEREAS, in strict compliance with the terms and conditions of said deed of trust, the said Joseph V. Buonassissi, II, sole acting Substitute Trustee, did expose the hereinafter described property for sale at public auction to the highest bidder in front of the Winchester - Frederick County Joint Judicial Center (Cameron Street parking lot side), 5 North Kent Street, Winchester, Virginia, at 9:00 o'clock, a.m., on July 8, 2002, and the highest bid received for said property was that of James E. Myers and Faye P. Myers of $72,000.00 cash; and, WHEREAS, the said purchase price has been paid in full. NOW, THEREFORE, THIS DEED, W I T N E S S E T H, in consideration of the premises and of the sum of Seventy - Two Thousand and 00/100 Dollars ($72,000.00), paid to the party of the first part by the party of the second part, the -2- CD co party of the first part does hereby grant, bargain, sell and convey, with SPECIAL WARRANTY OF TITLE, unto the party of the second part, as tenants by the entirety with the common law right of survivorship expressly retained, that is, in case of the death of either of the parties of the second part, title to the land hereby conveyed shall vest in the survivor in fee simple, all that certain real property situated and being in the County of Frederick, Virginia, with all rights, ways, easements, improvements and appurtenances thereunto belonging, described as follows: PARCEL ONE: All of that certain lot or parcel of land, containing 41,060 square feet, together with all improvements and appurtenances thereto belonging, lying and being situate along the Eastern side of the Hunting Ridge Road (Virginia State Secondary Highway No. 608) about seven miles northwest of Winchester, in Gainesboro District, Frederick County, Virginia, and more particularly described as Parcel A on a plat dated October 25, 1956, by Lee A. Ebert, C.L.S., of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 244, at Page 54. LESS AND EXCEPT that certain strip or parcel of land, conveyed to the Commonwealth of Virginia by Deed dated October 16, 1962, of record in the aforesaid Clerk's Office in Deed Book 303, at Page 400. PARCEL TWO: All that certain other lot or parcel of land containing 35,639 square feet, lying immediately East of, and adjacent to, the above described lot about seven miles northwest of Winchester, in Gainesboro District, Frederick County, Virginia, and more particularly described as Parcel B on the aforesaid Plat. Both parcels being more particularly described as Parcel A and B on that certain plat dated October 28, 1994, recorded in Deed Book 843, Page 120. REFERENCE is hereby made to said deed of trust and plat for a further and more particular description of the land hereby conveyed. This conveyance is made subject to the conditions and restrictions contained in the deeds forming the chain of title to this property. WITNESS the following signature and seal: r bM V1i. • 4 Substitute Trustee (SEAL) o4t�ph V. Buonassissi, II, Substitute Trustee 3- STATE OF VIRGINIA COUNTY OF FAIRFAX, to -wit: I Denise M. Farley a Notary Public in and for the said State at large, do hereby certify that this day personally appeared before me, JOSEPH V. BUONASSISSI, II, Substitute Trustee, whose name is signed to the foregoing deed dated July 8, 2002, and acknowledged the same before me in said County. My commission expires: March 31, 2004 GIVEN under my hand and notarial seal this 12th day of July 2002. Notary Pu lic s a esaid Return for Buonassissi, Henning & Lash, P.C. 113SO Random Hills Road, Suite 600 Fairfax, Virginia 22030 VIRGINIA. FRL-DEP ICK COUNTY, SCT. Tlis instrument of writing was produaA to me on �.tc rmoi[t•crer; aon .Pu was adm.ttrd rc rP��rd. Ta �•nposc;d b� S,:., SS.I-8J2 of and 55.1-301 have tnxn paid, ifzg5Ossabic 1Ck,k -4- OCT 2 5 2016 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 HA VE COMPLETED. Initials Date & Time Candice I Tyler Mike John COMMENTS: Received by Clerical Staff (Date & Time): 4 (S:Office on Blackbox\Forms\Document Approval Form-6/7/2016 )