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HomeMy WebLinkAbout08-15 Casey Greathouse (Side Yard) - PIN 21-9-1-10 - Gainesboro - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: V:Z115 i File opened �� (C Reference Manual updated/number assigned ®-base updated Location maps requested from Flapping Adjoiner list given to Planner I I&-1 Application Action Summary updated f MEETING ®ATE: 1 FINAL ACTION:I�I�v CLOSE FILE: 12� I (o Approval (or denial) letter mailed to applicanticopy made for file & cc's q I File stamped "approved", "denied" or "withdrawn" Reference Manual updated l q (0 ®-base updated I(" Application Action Summary updated Sys I® # _ -. �---_ .-.-- ..-.-..-.-..--._,-_. �..._._.--..-.--�. .-. r-^. _.--.� ram. -_ „_._-�.�.-..--........� �...-. _.. r COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 January 20, 2016 Mr. Gary Oates 1073 Redbud Road Winchester, VA 22603 RE: VARIANCE REQUEST 408-15 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 January 19, 2016. The request on parcel identified by Property Identification Number 21-9-1-10 was approved by the BZA to allow a 93.0 foot right side yard variance to a required 200 foot right side setback resulting in a 107 foot right side setback for a single family dwelling. The property is located in the Babbs Creek Estates Subdivision Lot 10 at the end of Cheran Lane in the Gainesboro Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. e an _ Zoning Administrator MRC/pd cc: Robert A. Hess, Gainesboro District Supervisor Kevin Kenney and Charles Triplett, Gainesboro District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official Casey Greathouse, 886 Woods Mill Road, Winchester, VA 22603 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 VARIANCE APPLICATION #08-15 CASEY GREATHOUSE Staff Report for the Board of Zoning Appeals Prepared: January 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: January 19, 2016 Public Hearing; Action Pending LOCATION: The property is located in the Babbs Creek Estates Subdivision. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 21-9-1-10 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The Applicant is requesting a 93.0 foot right side yard variance to a required 200 foot right side setback resulting in a 107foot right side setback. REASON FOR VARIANCE: The lot has extreme topography issues and ponds and streams that do not leave a suitable house location site. 0 0 STAFF COMMENTS: Frederick County approved the subdivision known as Babbs Creek Estates Rural Preservation Subdivision in 2008. The property setbacks for Lot 10 were: front 45 feet, right side 50 feet, left side and rear 40 feet per the requirements of a rural preservation subdivision. The rear setbacks of adjoining properties in this subdivision are 100 feet consistent with RA (Rural Areas) District setbacks, in place at that time. The lot known as Tract 2 was created in 2007 and was not part of the Babbs Creek Estates Subdivision. This lot had recorded setbacks at 100 feet front, sides, and rear. The previous owner consolidated Lot 10 with Tract 2 in 2015, resulting in the setback of. front 45 feet, rear and left side 40 feet, and right side 200 feet. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on April 27, 2011, requiring properties adjoining an Agricultural and Forestal District a setback minimum of 200 feet. Therefore, the setbacks for this property are: 45 feet front, 40 feet rear, 15 feet left side, and 200 feet right side. The right side of this lot adjoins an Agricultural and Forestal District. STAFF CONCLUSIONS FOR THE JANUARY 19, 2016 MEETING: The Applicant is requesting a 93 foot variance on the right side, from the required 200 foot setback, resulting in a 100 foot right side yard setback. The Board in consideration of this variance should take into account that this request for relief from the setback requirements maybe be self-inflicted. The strict application of the Frederick County Zoning Ordinance did not produce an unreasonable restriction on the property as required by the Code of Virginia 15.2-2309 (2). The previous owner consolidated the two (2) lots and the Applicant was under no obligation to purchase the property. 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. VAR#08- 15 Casey Greathouse PIN: 21 -9-1 -10 Irir l 93.0' Side Yard Variance � , j rc • t � A r e W. r � ty� '!' i .j r, _ �' � �- ]� � � 'fr ! ± DRILLERS Vit fix' . �pr r ' S jr IA— '4;" 4TIT ij sAli�Y�� ; �• �� 4 ; 365 WELL DRILLER LN- 33 rt WELL r },..' o s d.# .. DRILLERS LN,, 11c,-30 Sri 4j,,i►,h I f r WELL ,DRILL LN a arm Ap plications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) - R4 (Residential Planned Community District) • R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) �. },.a �{ ...� it k { * !' •�^"'.. •� •, s.r 4 0 2 0 Me&] Mi Casey Greathouse PIN: 21-9-1-10 93.0' Side Yard Variance Note: Frederick County Dept of Planning & Development 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: December 16, 2t Staff: mcheran 0 120 240 480 Feet NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY " PERFORMED BY ARTZ & ASSOCIATES ON AUGUST 16, 2005. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. 4. AL PROPERTIES ZONED RA ACREAGES TAKEN FROM PUBLIC RECORD. 4�• 5. A 10' WIDE UTILITY & DRAINAGE EASEMENT IS HEREBY CREATED ALONG ALL LOT LINES WHERE NOT IN CONFLICT WITH DRAINFIELD SITES. 6. PROPOSED ROAD CONSTRUCTION, MAINTENANCE, & SLOPE AND UTILTY EASEMENTS ARE NOT CREATED WITHIN 10' OF ANY PROPOSED DRAINFlELD SITE AS SHOWN HEREIN. 21JZXL36 CHARLES STUART DeHAVEN, Jr. 466/532 RURAL LOT 10 SHEETIS 168.2 AC. PRESERVATION TRACT 11 TRACT 2 AREA TABULATION SHEET 16 0 EXISTING: TM J21-A-37 52.4641 AC. PROPOSED: LOT 9 SHEET 14 LOT 1 3.0782 AC. p LOT 2 2.5229 AC. O z LOT 8 LOT 3 2.2919 AC. �, SHEET 13 LOT 4 2.5162 AC. LOT 5 LOT 6 3.1859 AC. 2.9323 AC. © LOT 7 \ SHEET 12 LOT 7 3.9565 AC. LOT 8 2.0055 AC. \ LOT 9 2.0039 AC. \ LOT 10 2.9059 AC. Oc' \ LOT 6 f 1j TRACT 11 21.3627 AC. SHEET (RURAL. PRESERVATION LOT) 11 ROAD DEDICATION 3.7022 AC. LOT 7 a SHEET 21-A-22 TRACT 1 12 g RICHARD S. HELM, TRUSTEE, et of o• 4. a 707/49 299-7 AC. LOT 5 SHEET 10 21-A-37C 21-A-37D 21-A-37E JONATHAN DUNCAN d ROBERT S. Jr. B. DeHAVEN KRISTA L. dI KRISTY M. 803/1112 SCHOFIELD SIKORA 4.12 AC. #050009580 #060W4899 4.12 AC. 4.12 AC. 0 21-A-37F TRACT 2 ROBERT N. III 21-A-376 At CHRISTINA DAVID A. d F. ASHBY LINDA W. HICKS #050028335 #080005676 5.34 AC. 5.95 AC. LOT 4 SHEET 9 LOT 3 SHEET 8 LOT 2 SHEET 7 LOT 1 J SHEET 6 r /� ROAD I0RC�N �1511NG 30 FRCSC INDEX SHEET for BABBS CREEK ESTATES RURAL PRESERVATION LOT SUBDIVISION GAINESBORO DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: P' : 400' DATE: APRIL 15, 2008 PRESENT OWNER: DAVID A. & LINDA W. HICKS TM #21-A-37 INST. #050005037 & #08M146 PROJECT 121150 HATCHED PORTION OF EXISTING 50' R/W HEREBY VACATED. 21-A-37B W LLIAMMARIE A. d ARIE A. SCHWA5TA #020007616 d #080004146 071' 1H Or. Y MICHAEL M. ARTZ Lic. No. 1513—B NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ h ASSOCIATES ON AUGUST 16, 2005. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. 4. CONTOUR INTERVAL IS 2 FEET, ELEVATIONS ARE ASSUMED. 5. PROPOSED WELL LOCATIONS ARE APPROXIMATE. CONTRACTOR IS RESPONSIBLE FOR MEETING ALL HEALTH DEPARTMENT REGULATIONS DURING INSTALLATION. 6. AL PROPERTIES ZONED RA ACREAGES TAKEN FROM PUBLIC RECORD. CURVE RADIUS I ARC LENGTH I CHORD LENGTH I CHORD BEARING DELTA ANGLE C 1 125.00' 1 28.40 28.34 N 08' 18 OS W 13'01 07 C2 35.00 22.34 21.97 N 16'29 46 E 36'34.36- • = REBAR SET (UNLESS NOTED OTHERWISE) O = PONT REBAR FOUND -1 EXISTING 30' ROAD CONSTRUCTION, MAINTENANCE, h DRAINAGE, AND UTILITY EASEMENT TRACT 2 21-A-376 DAVID A. 6 LINDA W. HICKS #080005676 5.95 AC. N 88'15'36' E 485.55' 50' BRL sS 1 PROPOSED PROPOSED DRANLLOT 9 2.00^39 -^Z S 88'15'36' W 458.20 PROPOSED 30' ROAD LOT 8 -P CONSTRUCTION, MAINTENANCE, k DRAINAGE, AND UTILITY EASEMENT (HATCHED AREA) N z 8 O a Z DETAIL PLAT of LOT 9 BABBS CREEK ESTATES, RURAL PRESERVATION LOT SUBDIVISION GAINESBORO DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: I" =100' DATE: APRIL 15, 2008 PRESENT OWNER: TM #21 A 37INDN5T.# 050W5037 & #080004146 PROJECT 121150 UNE BEARING DISTANCE L1 N 80'01 23 E 133.17 L2 N 06-33 29 W 75.07 L3 S 79.53 58 E 70.48 L4 S 09' 17 13 E 55.57' L5 S 83'57 57 W 70.17 L6 S 88'23 42 E 326.96 L7 S 41.01 11 E 80.65 LB I N 01'44 24 W 62.43 L9 I S 88' 15 36 W 51.06' REBAR FOUND N O 21-A-36 CHARLES STUART DeHAVEN, Jr. 466/532 !� 168.2 AC. Ln 0 PLlH OF V 0 l� - MICHAEL M. ARTZ Lic. No. 1513—B CD N N O • NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ k ASSOCIATES ON AUGUST 16. 2005. 2 THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. 4. CONTOUR INTERVAL IS 2 FEET, ELEVATIONS ARE ASSUMED. 5. PROPOSED WELL LOCATIONS ARE APPROXIMATE. CONTRACTOR IS RESPONSIBLE FOR MEETING ALL HEALTH DEPARTMENT REGULATIONS DURING INSTALLATION. 6. ALL PROPERTIES ZONED RA. ACREAGES TAKEN FROM PUBLIC RECORD. • = REBAR SET (UNLESS NOTED OTHERWISE) O = POINT RURAL PRESERVATION TRACT 11 S 89*32*47" E 415.11' LINE BEARING DISTANCE L1 N 1749 39 E 144.28 L2 S 7471225 W 130.13 13 N 25755 20 W 48.62 L4 N 70'02 24 E 80.76 L5 S 24.23 39 E 54.35 L6 S 59'22'05' E 44.12' L7 S 30'37 55 W 137.37' L.8 N 45'42 59 E 181.321 — — — — a0' BRL ---% I / LOT 10 2.9059 AC. / PROPOSED 1 DRANFIELD 1 / � I / (PROPOSED 45 6� J 1 WELL — 1 !9 V 1 V I � ( L� N 86'43'21'1W 129.39' 1 PROPOSED 30' ROAD CONSTRUCTION, MAINTENANCE, h DRAINAGE, AND UTILITY EASEMENT (HATCHED AREA) DETAIL PLAT of LOT 10 BABBS CREEK ESTATES, s O N N TRACT 2 21-A-376 DAVID A. A LINDA W. HICKS ##08W05676 5.95 AC. L=146.60' R=55.00' A=15743' 17' C LEN=106.90' BRG=S 46'04' 10' W ` EXISTING 30' ROAD CONSTRUCTION, MAINTENANCE, k DRAINAGE. AND UTILITY EASEMENT RURAL PRESERVATION LOT SUBDIVISION GAINESBORO DISTRICT, FREDERICK COUNTY, VIRIGINIA SCALE: 1" :100' DATE: APRIL 15, 2008 PRESENT OWNER: DAVID A. & LINDA W. HICKS TM #21-A-37 INST.# 050W5037 & #080M146 PROJECT 121150 C2 L=23.94' R=35.00' 0=39'11'51' C LEN=23.48' BRG=S 10'41'33' E C3 L=17.19' R=175.00' A=05'37'44' C LEN=17.19' BRG=S 06'05'31' W *LT H OF V MICHAEL M. ARTZ q Lic. No. i5iq 3—B 6&'10 suit jt� 21-(A)36 CHARLES S. DeHA VEN, Jr. D8 466, PG 532 ZONED: RA - AGR. DISTRICT USE., AGRICULTURAL 6. 73- 1. -*168 ACRES N 73057'55 E 23 2? (j G C� 4j BANS 21-(A)-37 NIF CAPON VALLEY BANK 130013544 ZONED: RA USE: VACANT 121.36 ACRES RURAL PRESER VA TION TRACT OF BABBS CREEK ESTATES S 89°3147 E 415.11'—"-�- 40'BRL 575- (j) If 3-BEDROOM DR41NFIELD I PER CERT. LETTER I PR. HOUSE 090012155 LOT 10 - BABBS CREEK ESTATES 107.0' CASEYGREATHOUSE 150004753 ZONED: RA !4 USE: VACANT 8.856 ACRES 45'8RL POND 15 BRL N 8604321 W S 88015'36" W - 485.55' % 129.39' 21-((9))-(1)-9 CAPON VALLEY BANK 130013544 ZONED: RA USE., VACANT 12. 0 ACRES 120' 0, 120' GRAPHIC SCALE SKETCH PLAN FOR NJ-TH op BOARD OF ZONING APPEALS SIDE YARD SETBACK VARIANCE BABBS CREEK ESTATES - LOT 10 GA Y R. OATES GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Lic. No. 1518-B 6 1073 Redbud Road 14-jq-l-r 0 <'q�O GreyWolfe, Inc. Winchester, VA 22603 k Land eying and Consulting SURNie'L n - Surveying 540-667-2001 OFC GreyWolfelnc@aol.com 540-545-4001 FAX FILE NO: 0444 DATE: DECEMBER 14,20151 SCALE: 1 120' 1 SHEET 1 OF 1 APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY - Variance Application # b esr 1 Submittal Deadline Submittal Date (d,-- I j-' — 15 For the BZA Meeting of i � Itq-j r 0 Fee Amount Paid V 400,E Initials: Receipt # CIE 3 3 ::�A, Sign Deposit Paid MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT l . The applicant is the owner W-1 other Jam. (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: Casey Greathouse NAME: ADDRESS: 886 Woods Mill Road ADDRESS: Stephenson, VA 22656 TELEPHONE: 540-771-7355 TELEPHONE: 3. The property is located at (give exact directions and include State Route Numbers): Lot 10 of Babbs Creek Estates at the end of Cheran Lane. Babbs Creek Estates is located on Glaize Orchard Road about 3/4 miles from Hunting Ridge Road. Tax Parcel 29-((9))-(1)-10. 4. The property has a road frontage of 321.89' feet and a depth of +/- 970' feet and consists of 8.856 acres (please be exact). 5. The property is owned by Casey Greathouse as evidenced by deed from Capon Valley Bank recorded (previous owner) in deed book no. on page or instrument number 150004753 .ofthe deed books of the Clerk 7 E • 6 7 8 9 of the Court for Frederick County. Please attach a copy of the recorded deed. Magisterial District: Gainesboro Property Identification Number (P.I.N.): 21-((9))-(1)-10 The existing zoning of the property is: RA (Rural Areas) The existing use of the property is: Vacant 10. Adjoining Property: North East South West USE Agricultural and Forestral Agricultural and Forestral Vacant Building Lot Vacant Building Lot ZONING RA - Ag District RA - Ag District RA 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") A 93.0' side yard variance for a single family home. The home will still be 107.0' from the neighboring parcel and lower in elevation. The neighboring parcel is in an Agriultural and Forestal District, has been timbered, and is vacant. The neighbor has been contacted, provided the drawing, and said he "has no problems with the variance". 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 lot has extreme topography issues as well as ponds and streams that does not leave a suitable house site within the current setbacks. The eastern side yard was a 100' setback when the subdivision was created; however, the neighboring parcel was added to an Agricultural District recently and the setback increased to 200' overlapping the house site. A lot consolidation was performed by the previous owner (Capon Valley Bank) that relocated 8 r )_ To: Barbara -Data Processing From: Pam -Planning Dept. Please print Z sets of label! �1 by t �- 3 1' Thanks; 13. Additional comments, if any: the setback to its current position. The driveway, pond, drainfield, well site, and house site were placed and prepared while the 100' BRL applied. Within the last six months the BRL was increased to 200' when Mr. Greathouse purchased the property and the Board of Supervisors approved the neighboring parcel into the Ag District. 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 NameCharles S. DeHaven 2075 Martinsburg Pike Winchester, Virginia 22603 Property # 21-(A)-36 NameCapon Valley Bank PO Box 119 Wardensville, WV 26851 Property # 21-((9))-(1)-9 NameCasey Greathouse 886 Woods Mill Road Stephenson, VA 22656 Property # 21-(A)-37 Name J Property Name Property # Name Property # Name Property # Name Property # 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Gasti., rjA r<[P fwatS>; (Phone) (5gp) 7 -71 - 73 S'.r (Address) 116 WOODS MILL MAO I l�✓JWCWTJer,_ , VA 2,1-E03 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. IS 00D 03 3 on Page and is described as Parcel: 21 Lot: 9 Block: I Section: d Subdivision: do hereby make, constitute and appoint: (Name) GAP-Y OAMr. (Phone) 6C7'2�"l (Address) 10-73 Q� i W ►y , A Utc3 To act as my true and lawful attorney -in -fact for a d 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 until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this �Y day of ,ak,.-e, , 20Ld_, Signature(s) State of Virginia, City/County of � ����� , To -wit: ��. �PNE F�T> \\�� !.•OONWtAI4Gt� ti . I, a Notary Public in and for the jurisdkje 6f"'o certi that the p son(s) who sig d to the foregoing instrument personally appeared befe—lik ine aTrEs: acknowledged the same before me in the jurisdiction aforesaid this g day of, 20?� !, Or VIRot . ICJ V/h;K,w. j*we F/ ,e off My Commission Expires: acl(,v �''%NOTanv P4�` Notary Public 0 , 0 AGREEMENT VARIANCE # (Number to be assigned by the Planning Dept) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT i`�. e9=— DATE SIGNATURE OF OWNER DATE A? 9=f5! (4 other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: -DATE- APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: 11 0 0 APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY - Variance Application # 6845 Submittal Deadline Submittal Date I a-15 - 15 For the BZA Meeting of 0 Fee Amount Paid t) Initials: Receipt # 9 $.3 `3 Gk0� Sign Deposit Paid MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT I . The applicant is the owner Fv_1 other F-1 . (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: Casey Greathouse NAME: ADDRESS: 886 woods Mill Road ADDRESS: Stephenson, VA 22656 TELEPHONE: 540-771-7355 TELEPHONE: 3. The property is located at (give exact directions and include State Route Numbers): Lot 10 of Babbs Creek Estates at the end of Cheran Lane. Babbs Creek Estates is located on Glaize Orchard Road about 3/4 miles from Hunting Ridge Road. Tax Parcel 29-((9))-(1)-10. 4. The property has a road frontage of 321.89' feet and a depth of +/- 970' feet and consists of 8.856 acres (please be exact). 5. The property is owned by Casey Greathouse as evidenced by deed from Capon Valley Bank recorded (previous owner) in deed book no. on page or instrument number 150004753 of the deed books of the Clerk 7 GEC 1 r 0015 0 AGREEMENT VARIANCE # 08- / 5- (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 / e6l- DATE SIGNATURE OF OWNER DATE ( other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ( I q ACTION: -DATE- APPROVAL SIGNED DATE: /- /f- / BZA CHAIRMAN 0 9 Q of the Court for Frederick County. Please attach a copy of the recorded deed. Magisterial District: Gainesboro 7. Property Identification Number (P.I.N.): 21-((9))-(1)-10 8. a The existing zoning of the property is: RA (Rural Areas) The existing use of the property is: Vacant 10. Adjoining Property: USE ZONING North Agricultural and Forestral RA - Ag District East Agricultural and Forestral RA - Ag District South Vacant Building Lot RA West Vacant Building Lot RA 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") A 93.0' side yard variance for a single family home. The home will still be 107.0' from the neighboring parcel and lower in elevation. The neighboring parcel is in an Agriultural and Forestal District, has been timbered, and is vacant. The neighbor has been contacted, provided the drawing, and said he "has no problems with the variance". 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 lot has extreme topography issues as well as ponds and streams that does not leave a suitable house site within the current setbacks. The eastern side yard was a 100' setback when the subdivision was created; however, the neighboring parcel was added to an Agricultural District recently and the setback increased to 200' overlapping the house site. A lot consolidation was performed by the previous owner (Capon Valley Bank) that relocated 8 0 0 13. Additional comments, if any: the setback to its current position. The driveway, pond, drainfield, well site, and house site were placed and prepared while the 100' BRL applied. Within the last six months the BRL was increased to 200' when Mr. Greathouse purchased the property and the Board of Supervisors approved the neighboring parcel into the Ag District. 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 NameCharles S. DeHaven 2075 Martinsburg Pike Winchester, Virginia 22603 Property #21 -(A)-36 NameCapon Valley Bank PO Box 119 Wardensville, WV 26851 Property#21-((9))-(1)-9 NameCasey Greathouse 886 Woods Mill Road Stephenson, VA 22656 Property # 21-(A)-37 Name Property # Name Property # Name Property # Name Property # Name Property # W ISHEE[;p DF 17 NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FEW RUN SURVEY "* PERFORMED BY ARTZ & ASSOCIATES ON AUGUST 16, 2005. 2. THIS PUT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. L 4. ALL PROPERTIES ZONED RA ACREAGES TAKEN FROM PUBLIC RECORD. 4Ir. 5. A 10' WIDE UTILITY & DRAINAGE EASEMENT IS HEREBY CREATED ALONG ALL LOT LINES WHERE NOT IN CONFLICT WITH DRAINFIELD SITES. 6. PROPOSED ROAD CONSTRUCTION. MAINTENANCE, & SLOPE AND UTLTY EASEMENTS ARE NOT CREATED WITHIN 10' OF ANY PROPOSED DRAIWE D SITE AS SHOWN HEREIN. 21JW36 CHARLES STUART DeHAVEN, Jr. 466/532 LOTTO RURAL SHEET 15 168.2 AC. PRESERVATION TRACT 11 ( RACY 2 AREA TABULATION SHEET 16 O EXMNG: TM 121—A-37 52,4641 AC. PROPOSED: LOT 9 SHEET 14 LOT 1 3.0782 AC. p LOT 2 2.5229 AC. © �y LOT 8 LOT 3 2.2919 AC. LOT 4 2.5162 AC. �, SHEET 13 LOT 5 3.1859 AC. ,� \ LOT 6 2.9323 AC. © qp\ LOT 7 SHEET 12 LOT 7 3.9565 AC. LOT 8 2.0055 AC. \ LOT 9 2.0039 AC. {� \ LOT 10 2,9059 AC. 0 ` \ LOT 6 N TRACT 11 21.3627 AC. SHEET (RURAL PRESERVATION LOT) 11 ROAD DEDICATION 3.7022 AC. LOT 7 , SHEET 12 d 21-A-22 TRACT 1 g $ RICHARD S. HELM, p O o T'o• TRUSTEE, et at a 707/49 298.7 AC. LOT 5 SHEET 10 SLHEET 9 21-AO37C 21-AO-37D 21-AO-37E JONATHAN DUNCAN & ROBERT 5. Jr. vP HATCHED PORTION OF EXISTING 50' B. DeHAVEN KRISTA L. & KRISTY M. LOT 3 , h R/W HEREBY VACATED. 803/1112 SCHOFIELD SIKORA SHEETS '�(,� ci 21 A 376 4.12 A.C. #05=9580 #060004899 2 WILLIAM S. d 4.12 AC. 4.12 AC. LOT ��. SHEET 7 O�� MARIE A. SCHWASTA 21-A-37F TRACT 2 LOT1 b#02 00007616 146 ROBERT N. III 21-A-376 SHEET 6 & CHRISTINA DAVID A. 6 F. ASHBY LINDA W. HICKS — #050028335 #080005676 -� 5.34 AC. 5.95 AC. `1 ROAI of vovkOl6e21 R!N l *�ZH pR INDEX SHEET for MICHAEL M. AR TZ BABBS CREEK ESTATES Lic. No. 1513-6 RURAL PRESERVATION LOT SUBDIVISION 11 ly6so+ GAINESBORO DISTRICT, FREDERICK COUNTY, VIRGINIA <q No SURYO SCALE: I" : 400' DATE: APRIL 15, 2008 PRESENT OWNER: Artz and Amociatea, PLC "uWdi-7 DAVID A. & LINDA W. HICKS uY YUL7 [oti..,ftZ. PI.0 ° 5 � ^ ek 16 `1 `'A TM #21-A-37 INST. 5037 A #080004146 l-4 �. �, 22601-1740 PROJECT 121150 m 540-667-3W FAX 540-667-9188 Tau FREE 1-eoo-75s-73xo l NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ h ASSOCIATES ON AUGUST 16, 2005. 2. THIS PUT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. 4. CONTOUR INTERVAL 15 2 FEET, ELEVATIONS ARE ASSUMED. 5. PROPOSED WELL LOCATIONS ARE APPROXIMATE. CONTRACTOR IS RESPONSIBLE FOR FETING ALL HEALTH DEPARTMENT REGULATIONS DURING INSTALLATION. 6. ALL PROPERTIES ZONED RA ACREAGES TAKEN FROM PUBLIC RECORD. CURVE I RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING I DELTA ANGLE C1 1 125.00' 1 28.40 28.34 N 061805 W 1 13'0107 C2 1 35.00 22.34 21.97 N 16'29 46 E I 38'34'36" • = REBAR SET (UNLESS NOTED OTHERWISE) O = POINT REBAR FOUND v% EXISTING 30' ROAD CONSTRUCTION, MAINTENANCE, k DRAINAGE, ANDUTILITYEASEMENT 17� TRACT 2 21-A-37G DAVID A. & LINDA W. HICKS #080005676 5.95 AC. N 88'15'36" E 485.55' ---SO BRL-------1 C, Z <:1{ PROPOSED PROPOSED WELL DRNNFIELD LOT 9 I 2.0039 j 1 G I AC. m3—E5 p0 1 --15' BRL— —J L6 S 88' 15'36" W 458.20' 1 PROPOSED 30' ROAD LOT 8 CONSTRUCTION, MAINTENANCE, k DRAINAGE, AND UTILITY EASEMENT (HATCHED AREA) N z p gO a z DETAIL PLAT of LOT 9 BARBS CREEK ESTATES, RURAL, PRESERVATION LOT SUBDIVISION GAINE5BORO DI5TRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" =100' DATE: APRIL 15, 2008 PRESENT OWNER: TM #DI A 37 IN5T # 050005037 A #08M146 PROJECT 121150 LINE BEARING DISTANCE L1 N 80'01 23 E 133.17 L2 N 06'33 29 W 75.07 L3 S 79'53 5; E 70.48 L4 S OW1713 E 55.57' L5 S 83'57 57 W 70.17 L8 S 88'23 42 E 326.96 L7 S 41'01 11 E 80.65 L8 N 01'44 24 W 1 62.43 L.9 S 88' 15 36 W I ;1.06 RON FOUND 0 21-A-36 CHARLES �,,, STUART DeHAVEN, Jr. ED' 466/532 N 168.2 AC. in 0 p j `- PLT H OF 1, o� MICHAEL M. ARTZ Lic. No. 1513-8 5i�.�NO SURv�y� CD N N O u NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON AUGUST 16, 2005. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. 4, CONTOUR INTERVAL IS 2 FEET. ELEVATIONS ARE ASSUMED. 5. PROPOSED WELL LOCATIONS ARE APPROXIMATE. CONTRACTOR IS RESPONSELE FOR MEETING ALL HEALTH DEPARTMENT REGULATIONS DURING INSTALLATION. 6. ALL PROPERTIES ZONED RA ACREAGES TAKEN FROM PUBLIC RECORD. • = REBAR SET (UNLESS NOTED OTHERWISE) O = POINT RURAL PRESERVATION TRACT 11 M r v W _2 N z S 89'32'47' E 415.11' LINE BEARING DISTANCE Lt N 1749 39 E 144.28' L2 S 74' 12 25 W 80.13 L3 N 25'55 20 W 48.62' L4 N 70'02 24 E 80.76' LS S 24'23 39 E 54.35 L6 S 59'22'05' E 44.12' L7 S 30'37 55 W 137.37' l8 N 45'42 59 E 181.32'1 L9 N 89'32 47 W 128.80 L10 S 00'2713 W 127.6 r-------- 40'BRL ---% LOT 10 / 2.9059 AC. PROPOSED /0e� �a'v TRACT 2 I DRUNFIELn /� 3 21-A-376 DAVID A. 6 LINDA W. HICKS #080005676 5.95 AC, h { / I / r-------- 40'BRL ---% LOT 10 / 2.9059 AC. PROPOSED /0e� �a'v TRACT 2 I DRUNFIELn /� 3 21-A-376 DAVID A. 6 LINDA W. HICKS #080005676 5.95 AC, h { / I / WELL o �G N � L' Ci L=146.60' R=55.00' A=15743' 17' C LEN=106.90' BRG=S 46'04' 10' W EXISTING 30' ROAD CONSTRUCTIDN, MAINTENANCE, k DRAINAGE, AND UTILITY EASEMENT DETAIL PLAT of LOT 10 BAB65 CREEK ESTATES, RURAL PRESERVATION LOT SUBDIVISION GAINESBORO DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" :100' DATE: APRIL 15, 2008 PRESENT OWNER: DAVID A. b LINDA W. HICK5 TM #21-A-37 IN5T.# 050W5037 d #080M146 PROJECT 121150 CD N TV C2 L=23.94' R=35.00' A=39'11'51' C LEN=23.48' BRG=S 10'41'33' E C3 L=17.19' R=175.00' &=0637'44' C LEN=17.19' BRG=S 06'05'31' W 0 H OF �ay1 - _ MICHAEL M. ARTZ r Lic. No. 15 3-13 sug'X 21-(A)36 CHARLES S. DeHA VEN, Jr. DB 466, PG 532 ZONED: RA - AGR. DISTRICT ✓ / /! f _f✓ USE., AG ACRES L TURA L " E 236,731 1168 73 057 55 N, BABBS LIJ oo - (J) L4,j CQ CR_ C) C) 21-(A)-37 Q) NIF CAPON VALLEY BANK 130013544 ZONED: RA USE: VACANT ±21.36 ACRES Q() RURAL PRESER VA TION TRACT OF BABBS CREEK ESTATES S 8903247" E 415.11 40'BRL -- ---- —,� 675 ` N\ \ 3-BEDROOM /I— DRAINFIELD PER CERT. LETTER HOUSE V PR. HO 090012155 LOT 10-BABBS CREEK ES TA TES 7. 0'/ f7ff CASEY GREA THOUSE - LQ 150004753 ZONED: RA USE: VACANT 8.856 ACRES xx . ..... 45'BRI POND 15'BRL 111_151BRL = I WS 88 ol.5,36 W - 485.55' N 86 043,21 1291391 CAPON VALLEY BANK 130013544 k ZONED: RA 1. USE: VACANT ±2.0ACRES 120' 01 12011 GRAPHIC SCALE SKETCH PLAN FOR p,UTH op BOARD OF ZONING APPEALS SIDE YARD SETBACK VARIANCE o BABBS CREEK ESTATES - LOT 10 U GA Y R. OATES D GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Lic. No. 1518-B 1073 Redbud Road 14-H-Is Winchester, VA 22603 <� ..GreyWolfe, Inc. GreyWolfelnc@aol.com Land Surveying and Consulting SUR\] 540-667-2001 OFC 540-545-4001 FAX 7-77-THEET 1 OF 1 FILE NO: 0444 DATE: DECEMBER 14, 20157 SCALE: 7 12 0 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Gas%., QLgAf"w5t (Phone) (64c,) -771 '73S'S (Address) $pG IWO*DS MILL 14AO 0 1�1/IrvuWTie1L , VA 29-00 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. 1 S OM 4*1S 3 on Page , and is described as Parcel: 21 Lot: 9 Block: / Section:16 Subdivision: do hereby make, constitute and appoint: (Name) GAY O'f (Phone) CC-7 •2aol (Address) 10-73 Q*694> 240 , 4 1� , A 2.u63 To act as my true and lawful attorney -in -fact for Ad 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 until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this e day of &Lp, , 201li _, Signature(s) State of Virginia, City/County of IA:iC& �c,%, , To -wit: `��� INN Fir \`�� \��.• ' OIJ WEgIlS I, a No Public in and for the jurisdbtloo� ;°. cer if that the p son(s) who sig d to the foregoing instrument personally appeared befa me A Es? acknowledged the same before me in the jurisdiction aforesaid this day of k0.A , 20 !H�,__;;� • 4AI1�>lh%u�w� Jt,ue F17 ,,eV41al My Commission Expires: A&I/ o Notary Public a N 150004753 Prepared by & Return to Consideration: $185,000.00 Bruce E. Downing, [VSB No. 15941J Assessed Value: $231,000.00 Harrison & Johnston, PLC 21 South Loudoun Street Title Insurance Underwriter: Winchester, Virginia 22601 Chicago Title Insurance Company 540-667-1266 THIS DEED is made on May 2 r , 2015, by and between CAPON VALLEY BANK, a West Virginia corporation ("Grantor"), and CASEY ANDREW GREATHOUSE ("Grantee"), I having a mailing address of 886 Wood Mill Road, Stephenson; Winchester, Virginia 22656. WITNESSETH: That for and in consideration of the sum of $185,000.00, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, in fee simple and with General Warranty and English Covenants of Title, unto the Grantee the following described real property located in Frederick County, Virginia (the "Property"): All of those three certain lots or parcels of land, together with the improvements and appurtenances there -unto belonging, lying andbeing situate in Gainesboro Magisterial District, Frederick County, Virginia, described as follows: PARCEL ONE: Rural Preservation Tract 11 containing 21.3627 acres, as more particularly described on that certain plat of Michael M. Artz, L.S., dated April 15, 2008, attached to and made a part of that certain Deed of Subdivision, Dedication and Easement of Babbs Creek Estates, dated December 9, 2008, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 080013756; and PARCEL TWO: 8.856 acres as shown on a plat of Gary R. Oates, L.S., dated April 23, 2015, entitled "Final Plat for a Lot Consolidation Survey at Babbs Creek Estates Lot 10 and Tract 2," which plat is attached hereto and made a part of this deed. AND BEING the same parcels designated as Parcel F, Parcel G, and Parcel H conveyed to Capon Valley Bank by Trustee's Deed from Phillip S. Griffin, II, Trustee, dated December 9, 2009, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 090013544, and Corrected Trustee's Deed dated December 17, 2009, and recorded January 10, 2610, in the aforesaid Clerk's Office as Instrument No. 1000000058. TAX MAP NOS.: 21-A--37, 21-A-37(G) and 21-9-1-10 Page 1 of 2 r O C) N f Frederick County Tax Map Nos. 21-A-37, 21-A-37:(G) and 21-9-1-10 Inclusion of the tax map reference number in this Deed is made pursuant to Virginia Code § 17.1-252, is not part of the legal description of the Property, and the Grantor does not make any warranty as to its accuracy. Reference is hereby made to the aforesaid instruments, the attachments thereto, and the references therein contained for a farther and more particular description of the property hereby conveyed. This conveyance is made subject to easements, conditions, and restrictions of record insofar as they may lawfully affect the Property. This Deed shall have the effect of general warranty defined in Virginia Code §§ 55-68 and 55-70, as amended and in force on this date, i i WITNESS the following signature and seal: CAPON VALLEY BANK i By:_ _(SEAL) COMMONWEALTH OF VIRGINIA, AT LARGE CITY OF WINCHESTER, TO -WIT: The foregoing instrument was acknowledged before me this Z ? day of May, 2015, by L. Fred Brooks, Senior Vice -President, on behalf of Capon Valley Bank. OFFICIALSEAL NotaryPublic, SlateolWes[ Virginia H� RHONDA MaFRENCH Capun vall y Bank Not• ry Public a� P.O. Box 119 Wadeasvltla,WV 26851 My commisskn oxpuea May 15, 2a22 Page 2 of 2 • SITE ��C� FPpfZFO QCR Z T61P0 VICINITY MAP 1 " = 2000' FINAL PLAT OF A LOT CONSOLIDATION SURVEY AT BABBS CREEK ESTATES LOT 10 AND TRACT 2 GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA APRIL 23, 2015 OWNER'S CERTIFICATE THIS LOT CONSOLIDATION SURVEY OF THE LANDS OF CAPON VALLEY BANK, AS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OFAND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGN OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. Z. SIGNAT E - EP ESEN'TAIIVE COMMOA=S4,GTH A16VAI7J V v W V v I A te' OF CAPON VALLEY BANK CITYjCOUNTYOF �/ , TO WIT; THEU FOREGOING OWNERS CERTIFIICATE�WAS ACKNOWLEDGED BEFORE ME THIS ���,y DRAY 0,- 20 �6 BY 01Q-& �YQ®KQ �D�nl� S. I/Urlsan :&IN7°D NOTARYPUBLIC AL OFFICIAL:WV20MI NOTARY STATE OP WESACONNIE S.NSIGNATURE NOTARYPUBLIC REGISTRATIONNUMBER CAPON VALP. 0-y O. BOWAROENSVILL/�// commission exp2021MYCOhLMISSlONfXP/RES `T�! 11 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE PARCELS CONTAINED IN THIS LOT CONSOLIDATION SURVEYARE THE LANDS CONVEYED TO CAPON VALLEY BANK FROM DAVID A. HICKS AND LINDA W. HICKS BY DEED OF FORECLOSURE DATED DECEMBER 9, 2009, PER INSTRUMENT 090013544, AND CORRECTION OF INSTRUMENT DATED DECEMBER 17, 2009, PER INSTRUMENT 100000058 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE. GARY r. OOTES, LAND SURVEYOR NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS FROM THE PLAT OF RECORD IN THE DEED OF DEDICATION AT INSTRUMENT 080013756. AFIELD SURVEY WAS NOT PERFORMED BY GREYWOLFE, INC. 2. BASIS OF MERIDIAN IS SUBDIVISION PLAT OF RECORD AT INSTRUMENT 080013756. 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT OF APPROVAL - -C✓2 "-FREDERICK COUNTY SUBDIVISION ADMINISTRAOR DATE ➢ Ua-TH 1073 Redbud Road �`x GreyWolfe, Inc. Winchester, VA 22603 Land Surveying and Consulting GreyWalfelnc@oaol.com 540-667-2001 OFC 540-545-4001 FAX DRAWN BY: GRO FILE NO: 0444 1 SHEET 1 OF 2 ICU 21-(A)36 CHARLES 5 DeHAVEN, Jr. DB 466, PG 532 ZONED: RA - AGR. DISTRICT / / \ USE: AGRICULTURAL 5 E 23�—r 6.73' 8 CRESN 73°57'S 21-(A)-37 CAPON VALLEY BANK 130013544 ZONED. -AA USE. VACANT �s .t21.36 ACRES Q, RURAL PRESERVATION TRACT o PARCEL 21-(A)-37G OF BABBS CREEK ESTATES o A.K.A. TRACT 2 o HEREBY EXTINGUISHED S 89°32'47' E 415.11' r — 40' BRL I I• I I 4-BEDROOM ,TCi�O DRAINFIELD e PER CERT. LETTER R� v 090012154 ��� o I CAPON VALLEY BANK I a 130013544 z I 45' BRL ZONED: RA USE. VACANT I I ` 8.856 ACRES C l I I 1 II L15'BRL� W f � 15 BRL —J N 86°4321 " W " 11-((9))-(1)-9 129.39' CAPON VALLEY BANK. 130013544 ZONED. R4 USE.' V4C4NT f2.0 ACRES L-J 3-BEDROOM DRAINFIELD PER CERT. LETTER 090012155 S 88°15'36" W - 485.55' AA i 120' 0' 120' GRAPHIC SCALE f RADIUS I ARC DELTA BEARING CHORD DIRECTION C-1 35.00 1Z70' 28058'12" N49016'11'E 17.51' CW C-2 55.00' 263.07' 17400146" N73016'22'W 74.99' C-CW C-3 35.00' 23.94' 39011'50' S1004133'E 23.46' CW C-4 175.00' 17.18' 0503749' S 0600531' W 17.19' C-CW �o."ID,LTH pF 1p G1 o u GA - T LiC. v' 1 18-B V-1 y,f '�z, SURv10..( P1 FILE NO: 0444 FINAL PLAT FOR A LOT CONSOLIDATION SURVEY IN BABBS CREEK ESTATES LOT 10 AND TRACT 2 GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road A GreyWolfe, Inc. Winchester, VA22603 Land Surveying and Consulting GreyWolfeInc@aaol.com 540-667-2001 OFC 540-545-4001 FAX DATE: APRIL 23, 2015 1 SCALE: 1 " = 120' 1 SHEET 2 OF 2 - - O O W O v1Kli1N1A: F"DER1CKCOUNTY.SCt. This instrument of writing was produced to me on and with certificate acknotiledgement thereto annexed was admitted to record. "fax imfx)scd by Sec. 58.1-802 of $ �31 • and 58.1-801 have been paid, if assessablf 4e---t �� , Clerk W.om 0, I I PORCH I I :1 BEDROOM I ___. t- 131-OW x 11 t-411 1 0' 6" x 5'-4" r�� 1—c BATH GARAGE 23%10" x 23'.40 F s �wrwr`rw�rp � may. _. ITCHEN IW-g" x 13'=1W L GREAT Room 1V4" x 24'-4" DINING AREA 13r-S" x 14r-dn FIRST FLOOR PLAN y'II MASTER MASTER - � BATH DECK +�BEi�ki�+�3�1�i,�y 21'.4" x 15'-4" r ' I I I --- I I \ I 9`-8" x 7'_8" I� \ L-------------J LOff 13' -1 o" x 9'-r SECOND FLOOR • 1 FRONT ELEVATION • ■■■ IONA ■■■ m M ELM • RIGHT ELEVATION 0 LEFT ELEVATION i b REAR ELEVATION 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 Mar Dave Eric Mike John COMMENTS: Received by Clerical Staff (Date & Time): (S:Office on Blackbox\Forms\Document Approval Form — 12/27/13) To: Barbara -Data Processing From: Pam -Planning Dept. Please print 6- sets of labels by la 31- 1 5 Thanks! 13. Additional comments, if any: the setback to its current position. The driveway, pond, drainfield, well site, and house site were placed and prepared while the 100' BRL applied. Within the last six months the BRL was increased to 200' when Mr. Greathouse purchased the property and the Board of Supervisors approved the neighboring parcel into the Ag District. 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 NameCharles S. DeHaven 2075 Martinsburg Pike Winchester, Virginia 22603 Property # 21-(A)-36 NameCapon Valley Bank PO Box 119 Wardensville, WV 26851 Property#21-((9))-(1)-9 NameCasey Greathouse 886 Woods Mill Road Stephenson, VA 22656 Property # 21-(A)-37 Name Property # - 2 Z Name Property # Name Property # Name Property # Name Property # 9 13. Additional comments, if any: the setback to its current position. The driveway, pond, drainfield, well site, and house site were placed and prepared while the 100' BRL applied. Within the last six months the BRL was increased to 200' when Mr. Greathouse purchased the property and the Board of Supervisors approved the neighboring parcel into the Ag District. 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 Charles S. DeHaven 2075 Martinsburg Pike Winchester, Virginia 22603 Property # 21-(A)-36 NameCapon Valley Bank PO Box 119 Wardensville, WV 26851 Property # 21-((9))-(1)-9 NameCasey Greathouse 886 Woods Mill Road Stephenson, VA 22656 Property # 21-(A)-37 Name Property # Name Property # Name Property # Name Property # Name Property # M Nif COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 4, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #04-15 OF CASEY GREATHOUSE On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, January 19, 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: S 3- e Variance Request #08-15 of Casey Greathouse for a 93-0 foot r right side yard variance to a required foot2,1&ft-w right side yard setback will result in a)�iz foot J �1 left or right side yard setback. This property is located in Babbs Creek Estates Lot 10 at the end of Cheran Lane. The property is identified with Property Identification Number-9-1-10 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 6-- 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 vo-. -c 13. Additional comments, if any: the setback to its current position. The driveway, pond, drainfield, well site, and house site were placed and prepared while the 100' BRL applied. Within the last six months the BRL was increased to 200' when Mr. Greathouse purchased the property and the Board of Supervisors approved the neighboring parcel into the Ag District. 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 NameCharles S. DeHaven 2075 Martinsburg Pike Winchester, Virginia 22603 Property #21 -(A)-36 NameCapon Valley Bank PO Box 119 Wardensville, WV 26851 Property # 21-((9))-(1)-9 NameCasey Greathouse 886 Woods Mill Road Stephenson, VA 22656 Property # 21-(A)-37 Name Property # Name Property # Name Property # Name Property # Name Property # W N s E DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VERGINIA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: 115115 REQUESTED COMPLETION DATE:! REQUESTING AGENT: TC%- 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) VCR it C� I or ►Y1c' City Cs-r es�t h�s2. ',-q_j /u FTN11-- a9-q-1-10 DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) _I '�•L) yo,�j COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 4, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #04-15 OF CASEY GREATHOUSE On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, January 19, 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 #08-15 of Casey Greathouse for a 93.0 foot right side yard variance to a required 200 foot side yard setback will result in a 107 foot side yard setback. This property is located in Babbs Creek Estates Lot 10 at the end of Cheran Lane. The property is identified with Property Identification Number 21-9-1-10 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, ark heran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 1 `U from the Department of Planning and Development, Frederick County,Virginia: 21 -9- 1- 10- \. GREATHOUSE CASEY ANDREW 886 WOODS MILL RD STEPHENSON VA 22656-2034 21 A- - 36- DEHAVEN CHARLES STUART JR 2075 MARTINSBURG PIKE WINCHESTER VA 22603-4715 21 -9.1- 9 CAPON VALLEY BANK PO BOX 119 WARDENSVILLE WV 26851.0119 21 - A- - 37- -- GREATHOUSE CASEY ANDREW 886 WOODS MILL RD STEPHENSON VA 22656.2034 21 - A- - 22- HELM RICHARD S ETALS PO BOX 2077 WINCHESTER VA 22604-1277 Mark . Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I,C�, n., a G C�. �,,.. _:� , 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 I' y I a.0 i lQ , has personally appeared before me and acknowledged the same in my State'and County aforesaid. Given under my hand this �'� day of L ,r,• Cv My commission expires on 1-9 o NOTARY PUBLIC