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Home My WebLink About05-96 Richard Scott & Dawn Krueger - Opequon - BackfiletR4W-je- fl • a �-4 4 0� a�v � cep' S-�a-9G acl RECEIPT Received From Address q r2 For Date • HOW PAID 1L AMT. OF CASH 0 ACCOUNT AMT PAID CHECK MONEY DUE ORDER BY 19 0024910 Dollars $ COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 MEMORANDUM TT' Finance Department FROM: Karen A. Clark, Receptionist/Clerk II SUBJECT: Return Of Sign Deposit R-W DATE: May 22, 1996 The amount of $25.00 was deposited in line item #10-911-08 for the person named below as a deposit for Variane Application #005-96 for a sign. They have now returned the sign and are therefore entitled to the return of their deposit. Please send a check in the amount of $25.00 to: Dawn M. Krueger 112 Southdown Circle Stephens City VA 22655 Please contact me if you have any questions. RSA/kac 107 North Kent Street • Winchester, Virginia 22601-5000 �IU COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 May 22, 1996 Richard Scott & Dawn Krueger 112 Southdown Circle Stephens City, VA 22655 RE: VARIANCE APPLICATION #005-96: RICHARD SCOTT & DAWN KRUEGER Dear Mr. Scott and Ms. Krueger: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of May 21, 1996. The Board of Zoning Appeals approved your application for a 15' rear yard variance to build a 12' addition. If you have any questions regarding the approval of this application, please feel free to call this office. Sincerely, a.11i`7��K Michael T. Ruddy Planner I MTR/cg 107 North Kent Street • Winchester, Virginia 22601-5000 BZA REVIEW DATE: 5/21/96 VARIANCE #005-96 RICHARD SCOTT AND DAWN KRUEGER LOCATION: The property is located at 112 Southdown Circle in Albin Village Subdivision off of Aylor Road in Stephens City. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75F-2-58 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential and Vacant VARIANCE: A 15' rear yard variance to build a 12' addition REASON FOR VARIANCE: Current 100' road efficiency buffer from Aylor Road ends either at applicant's rear door or in his home depending on which survey is correct. Due to this buffer, no home improvements can take place in back yard. STAFF COMMENTS: The applicants are requesting a fifteen (15) foot rear yard variance to construct a twelve (12) foot addition onto their house. The house was constructed directly on the building restriction line that was imposed by the one -hundred (100) foot road efficiency buffer. A road efficiency buffer provides for seperation of residential structures from arterial and major collector roads and may not be encroached by a building or other principle structure or activity. Strict application of the zoning ordinance does not prevent a reasonable use of the property for residential purposes. Therefore, staff believes that a clearly demonstrable hardship approaching confiscation does not exist. In addition to this, the limited building area imposed by the road • efficiency buffer is a condition that is shared generally by other properties in the same vicinity. According to the Code of Virginia, Section 15.1-495, 2 a) and b), no variance can be authorized by the Board unless the strict application of the zoning ordinance would produce undue hardship, and that such hardship is not shared generally by other properties in the same vicinity. This is not the case in this situation. STAFF RECOMMENDATION: Denial 0 ,1 12 Al ,J 'OA \6 19 > 10 147 6 14 1� a >3 g 11 a to � ) 73 A J '1*, to 73 T ♦1 1� ' y a > a � O� , J c7 D� 4 p > a a ,0 t 44 70 `0' M°ced 77 °ni° 7S ,4 `♦1 �M ♦1y /� Olt, \00 �0 66 tf s 6p13 7,3 q '� A ; 22 55 42 S6 j0 51 43 37 '19 n yg � h^ ♦ 1 138 6e.� or 44` RC ? o 1 1P S 63 45 p�` S6 >OJ? b ► , 61 62 9 93 60 171 46 'i .9 % 92 103 104 00 102 67 f7 30 � 6 S7 y1 t 31 `>, D 56 S3 52 9 t tOt a� t06 it ,�, BB 69 0 py 10 10 6a 57 65 70 'p w 14 67 B8 77 6f 71 3 8 8 , 76 7B 141142 143 N .' 1,5 , 25 , „ 49 144 2 1 ,3 24 75 80 O�w 3 2 3 129 16 22 4'4 bt 13S 13a 123 126 29 39 17 293 , S7� 11 � 6 ts5 63 63A 13/ 2 , 130 65 16 19 20 m w 39A 1jS,s2 3, i � 7 222 2S> 41 s2 E►' � 3 136 U 41 224 234 240 146 25 253 233 247 zs7 4 78' 226 227 23T 2 246 254 Cf- fa2 228 231 236 39 � t4E 7� C 2/s 253 784 N tW 'W 157 0 ,36 +e3 230 114 2 2w 2N 252 — 'a* '� 150 156 tS9 7 t7Z ,7 57 }SS 7 1 113 ti5 R Tf1 2/3 257 1 U tp7 1S1 t 170 77 A tt 167�,g 712 l 2 6 161 151 152 1S3 \0^" a9 85 �J 250 N 7pp 1� 70, �U ?'7?7p 249 �. �7 ?,p tat il91 3 Tt Na. ft6 14T ttt 67 7D ? �i 1/S M4 t% 33 �1 h, i6p tOp 111 13/ t30 1t9 4 D2 57 53 r /D7 ,� 766 ?'3 7D4 44 195 7 IOiB 6 > d 6t S2 7� 4 t p61D7 198 7� ' >> 129 ,20 107 a,0 t t 136 7S7 #6 1� y 50 _ lefts >ot 764 122 d 10C 79 '70 d 127 60 47 ,>4 ,y 24 126 123 E 105 95 b, 78 49 7J7 7p 61 {> 3 , tS0 2a 1257� 96 Q` 77 62 fd ,6b t151 t�1M at BZA #005-96 PIN: 75F-2-58 Richard Scott & Dawn Krueger r 2,996 page 1 of 5 APPLICATION FOR VARIANCFr'IVED IN THE r:°YINQ rnrTMrPV nP VDVn VDT(-V 17TDf_TMTR TYPED OR FILLED OUT IN TNR - 1. The applicant is the owner / other . (Check one) 2. APPLICANT: (/ OCCUPANT: (if different) NAME: �cLkSco#an.4�un KfUe4e✓NAME: ADDRESS /jA S[o04L6 C%h!2_ ADDRESS: TELEPHONE: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of 2il, 83 1 feet and a depth of /_3Q; feet and consists of ages. (please be exact) 5. The property is owned by Ce 110- e as evidenced by deed from recorded (previous owner) in deed book no. V/,131 on page /Y90 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. page 2 of 5 6. Magisterial District: ( ),(JAG O►� 7. 14-Digit Property Identification No.: 8. The existing zoning of the property is: RP C►ReSJt, J-R,, 9. The existing use of the property is:_�; 10. Adjoining Property: USE ZONING North - J— R 1P East R South West ac sZP 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car gara-e.. 11.1 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto u 13. Addb. ippal comments, if any Ill. �_ f J .411 , .. QA rc Ak S8 f0\1 6 A c o- 11 no ��r �� o.►,n c� �ca�dt,e� K9 C-0 L SUCJ1-' J'P"4y CJ- Page 3 of 5 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: _(Please list complete 14- digit property identification number) NAME �r Address Property ID# , Property ID#- jj Address Property ID#- Address Property ID#- la -me,, K.es ey Address 6 -IIII Ina`✓`;� 1PvtL'r, a Property _ ID#- • Address-2 Property ID#- Address Property ID#- Property -Property ID Address •Property.ID Address Property ID -3 0yVI'd J fps tl� 0.4 �a OW f'J, 9-5 Sc �c Wage 4 of 5 0 • 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Adjoining Propert • YOUR PROPERTY Adjoining Property v u r 'Addi- �--► CL o ti0n �-�� j IP-operty Line i ----------------------=Center of Rood RoadSHOW THESE MEASUREMENTS Page 5 of 5 AGREEMENT VARIANCE # 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 DTE r SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL 0 DENIAL SIGNED: BZA CHAIRMAN DATE: I J Mn N w o a, r a3 a o W U a N Z W Q. _ O (See Sheet 4 of 12) N 0 90083 ..... O W Co X to 159 0 2 50' I8,481 sq. ft. \ to r1:, w N 09o�8, � \ 01 .30 J 0 o � U 58 \, 14.05-• z 3 19,203 sq.� i 22 O N _ V f. N 170 103 O N �3 W 96.58' Cn r I \ 20 O 12,3P7 sq. ft. > 19 19 18 9 OD �I 1°` 1°j •� 1 N 3 - 0 h 56 N J7,327 sq. ft_ I 0� co 4 N� m N ' � J / 50' I G I�:lI...... Minimum front Setback • 23' O I3 (unless otherwise specified) Minimum Rear Setback - 25' oQ (unl'dAV oth'B-iss specified) a 62 i) Minimum side Setback - 30' 15 J54 ,• Notes: 00 \ :" ,•;;: 1 1. All Lots are Single Family Detached - Cluster. \ '.'�t•'�' - Z:' All Lots are Subject to a 10 foot Slope and Drainage Easement along all Rights -of -Way and +' ,.•.,�.;• a 10 foot Utility Easement along all Property Linea. 3. No Housing shall face Village Lana or Albin Drive V flu haft ACD1 ri. WLI GE Section I _[. i P. DUANE DATE APRIL 30,1986 SCALE: 1' = 50' BROWN NO. 1285 ....... "aociatos. Inc. SHEET giibor-t w cl*f:)� 6 - OF -`�� LAND 5 ENOINEE LANOSURVEY ISO- c 0IC.0'..n..ICA O'1" 20 S—Lh Cu ," !MI 12 i�.o. Hc.�Durp, Virglnb 72.01 003) SSL711S W1n h..l.,. VIr01n1. 22501 (703) MT-31" U CO • lo OD00 P� l %r'c�•�( F�� LA IN ri \� O • qW •� �' f�l, V,3 IL hN, \\ \\\\\\\\\ \\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\ \\ w loo \4 00 r � 1 y In 748` 70 pq \p \\\\\ \ .O IN 44 CL \\\\\\\� \\\\\\\� !�•i \\\\\ � y O NO sx818PG1490 THIS DEED, made and dated this 28th day of April, 1994, by and between XOLDEN REAL ESTATE CORP., a Virginia Corporation, party of the first part, hereinafter called the Grantor; and RICHARD SCOTT KRUEG $ and DAWN MARIE ERURG , his wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other good and V) valuable consideration, receipt whereof \is hereby acknowledged, nthe Grantor does grant and convey, with General Warranty and with �Q English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with right of survivorship as at common law, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, designated as Lot No. 58A, Section Two, a portion of which is set out on that certain plat of P. Duane Brown, C.L.S., attached to the Deed of Dedication of Albin Village, Section 2, dated December 31, 1986, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 636, at Page 727; and all of which is set out on that certain plat of David M. Furstenau, L.S., I dated August 29, 1988, of record in the aforesaid Clerk's Office in Deed Book 692, at Page 41; AND o BRING the same property conveyed to the Grantor n herein by Deed from Douglas W. Ulrich and Rhonda C. Ulrich, his wife, dated October 26, 1990, of record in the aforesaid Clerk's Office in Deed Book 752, at Page 912. Reference is here made to the aforesaid instruments, the attachments thereto and the references therein contained for a further and more particular description of the property hereby conveyed. SMUT. DOWN auw Ar"WAM AT LMM 11"C"UTM tl00WA nN1 This conveyance is made subject to all legally enforceable restrictive covenants, conditions, rights of way, agreements and . declarations contained in the instruments forming the title of this property. .ri 0 U818PC1491• The Grantor covenants that it will execute such further assurances of title as may be requisite and necessary. WITNESS the following signature and seal: MOLDER REAL ESTATE CORP., A VIRG3�11IA CORPORATION ey= Q)ha(SEAL) S ATE OF VIRGINIA OF to -wit: I' a Notary Public in and for th tate =risdiction afor P9.1 do hereby certify that as of MOLDER REAL ESTATE CORP., a Virginia Corporation, whose name is signed to the foregoing Deed, bearing date of the 28th day of April, 1994, has this day personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 28,th day-;bf April, 1994. MY commission expires pN A;I •.. .� ••. Jam••: ILI 'x J0 v 7.r .1*.13 , .. • 2 .u. AT7pIIMVR AT LAW 3090LnW RAIL► rM 1T IIIIIWMT41, VRIORKA 23MI I I THIS LOT DOSS NM TALL III A YL00D HAZAn ZODLGT. - LOT LlriS ADJII IS H1t7CORDSD IM MD BMX 692 AT PAGE 41 IMIS 1S TO CERTI T ON APRIL 28, 1994 I MADE AN ACCURATE RVEy OF THE PREMISES SHOWN HEREON AND THAT WERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. OPEN SPACE E N 64011'2_6"E 86.00' PF lance IPF LOT 58-R I� 9,203 4 in m LOT 57 DECK 50' OR p 0 2 STORY LOT 59-A nCo FRAME STP ~ �+ O/ CHI I q 112 ¢3 V. z v b � o`i 0 POR C ELECTDOX \ 2 ry �? J In \ Diw T$ ai' 9� ?S p0.18.0 IPS J62.62' TO D� _ PC ' 18' 5 64011 ' 26"y--vfMA4E :*v DAM AL FURST � SOUTHDOWN CIRCLE NO.IISS 140' WIDE) 4-2e -91� 40 suRl�'�°� LOT 58—R SECTION 2 RLBIN VILLAGE FREDERICK COUNTY, VIRGINIA HOUSE LOCATION SURVEY FURSTENAU SURVEYING STEPHENS CITY, VIRGINIA 226.5 VIRGINIA FREDERICK COUNTY. SCT. Thiss instru t of wrilklg was Produced to�mnnuw lrr.2�day o'� I ,t<iand with ceriMkate t I �was �ad�mltl�alncee, d to ad. Tax ImpoW by S5&54.l of +-r�a+crfa4 and 58-54 have been paid, V aces-bN. �.. z� CLERK DAT[s APR 29. 1994 IicALIt 1 "-30' ------------ OWN. By, W-105,994 (Space Above This Lhe For Reoordhg Data) DEED OF TRUST THIS DEED OF TRUST ('Security Instrument") Is made on A►I281h, 1994 The grantor is RICHARD SCOTT KRUEGER AND DAWN MAR1E KRUEGER HIS WIFE CAROLE R. PARKEA (-Borrowed. The trustee is trustees Virginia, and one of whom may act and who are referred to as 'Trusteel. The beneficiary is IVICES CORPORATION under the laws of THE 8300 GREFNSRnRn n which is organized and existing , and whose address is Borrower owes Lender the principal sum of One Hundred Seventeen 7houaand and 0(y 00 (tended. Dollars (U.S. $ - 117.000.00 ). This debt Is evidenced by Borrower's note dated the same date as this Security Instrument ('Hotel, which provides for monthly payments, with the full debt, it not paid earlier, due and payable on Ma 1 2024 This Security Instrument secures to Lender: (a1 the repayment of the debt evidenced byy the Note, w In crest, and all renewals extensions and modifications of the Note• (b) the payment o1 all other sums, wax interest, advanced under paragraph to protect the security of this SecurityY instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and tha Note. For this purpose, Borrower ir- revocabty grants and conveys to Trustee, in trust, with power of sale, the following described property located in FREDERICK COUNTY , Virginia: SEE EXHISiT A ATTACHED HERETO AND MADE A PART HEREOF FOR LEGAL DESCRIPTION which has the address of 112 SOU`rWMWN CIRCLE STEPHENS CRY Virginia 22M t ...IJr,tyl 0 oa. ('Property Addressl; TOG HER appurtenances, and fixtures noweor ha%aftfterea part of theor hp oporty.erAllt replacements andrtaddbns Ishall abonbe covered by this Security Instrument. All of the foregoing Ia referred to In this Security Instrument as the -Property.- BORROWER COIs VENANTS hecsfencurfndhd�hrrgrant anhPropertyrty and the Propertyercuberredxeptorembancesof record. and wdefend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security Instrument covering real property. (INFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. PAYMNA of Pnc�bW and Interior; Preoayrrtertt and Vy Charges, Borrower shall rom 1 Principal of and Interest on ha debt evidenced y he Note and any prepayment and late charges due pay the Note.the 2 V. far TabooSnd Nu+anoa. Subject to applica th to Lander onn the day monthly payments are due under Yearly taxes and assessments which ma'• altathe rs prio�rty over Id payments or ground rents on �ha Property, d any; flood Insurance premiums, 0 an ; (a) yearly mortgage Insurer to Lende►, in accordance with the provisans of paraaggraph These hems are called 'Escrow items.• Lender may, of any tit fmaximum amount a lender for a federally related mortgage ederal Rea! Estate Settlement Procedures Act of 1974 as at hold Fundstinlan amountnotto at applies lesser the it un d setst of current data and reasonable estimates of expenditures 0 p,,Cable law. law or to a written waiver by Lender, Borrower shall p ay to, until the Note is paid in full, a sum (Tu^ds^ for; ( Security Instrument as a lien on the Property; 1dt yearly pram,early hazard or prope Insurance premiums; 1Bdo yearly premiums, if any; and ( any sums payable by rrower t lieu of the ppa ment o mortgage insurance premiums. mtlaaeyyctraagnuireo�r Funds oweres escrowaccountunder the sserfamount. 0 so, Lender U.S.C.r pt army tim �tllectsand er may estimate the amount of funds due on the basis ure Escrow hems or otherwise in accordance h The Funds shall be held in an Institution whose deposits are Insured by a federal agen wd aP trey (Includl Lender, if Lender Is such an institution) or In any Fedora) Home Loan Bank. Lender shall to pay the Escrow Items. Lender may not charge Borrower for Federal end cer sit ll a p talh or en- tity escrow account, or verifying the Escrow items, unless Lender pays Borrowerriinterest ton the Funds and anppelhyiingihe permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an inde- Pendent real *state lax reporting servx:e used by lender in connection with this °p 66: le law VIRGINIA -Single Family -Farris MN/Freddle Mao UNIFORM INSTRUMENT 047 W90 (n,a4 tot. paps)GFS Form - G000065 (7rMM) Form 3 BK8181494 ban, unless appl� law provides otherwise. Unless an agreement is made oQplicable lour requires interest to be paid, Lender shall t be required to pay Borrower an interest or earnings on the unds. Borrower and Lender may agree in writing, however that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an an- nual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. h the Funds held by Lender exceed the amounts permitted to be held by applicable law. Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. h the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow hems when due, Lender may so not Ayy Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held 1 Lender. M, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acqquisi- Lion or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Psyments. Unless applicable law provides otherwise, all pa menls received by Lender under paragraphs 1 and 2 shall be applied, first to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and fast, to any late charges due under the Note. 4. Charges; Lions. Borrower shall pay all taxes assessments, charges, fines and impositions attributable to the Property which may atta �ui gn1 rtordy over this Security instrument, and leasehold payments or ground rents. if any. Borrower naimeydIrectly too thePperrson owed the paymentt..VlBorowin rr sll paragraph om otlynfu ninot sh o iLender ilnnotices of amounts Po be paid under this paragraph. h Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge anyy lien which has priority over I:iis ^)curity, Instrument unless Borrower: (a) agrees in writing to the payment of the oblgalion secured by the lien in a manner acceptable to Lender; (b) contests in good :adh the flan by, or defends against enforcement of the lien in, leegqal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) s mecures from the older of the lien an aqreement satisfactory to Lender suoordinatlng the lien to this Security Instrument. If Lender determines that any part of Ifie Proppertyy i11 subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a n^lice identifying yis the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Roperty Insunnw. Borrower shall keep the improvements now existing or hereafter erected on Iha Properly insured against bss by lire, hazards included within the term 'extended coverage' and an other hazards i including foods or hooding, for wh ch Lender requires insurance. This insurenra shall be maintained n the amounts and for the per rods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval whx h shall not be unreasonably withheld. h Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph all 7, aq Lender shlall have he rghteo oldrthe poticslesalanorenewalsbl M1Le^dereequdres Bonclude a standard y grtrvele Lender all receipts of paid premiums and renewal notal ices. In the event of bss, Borrower shall give prompt notice to the Lender surance carrier and Lender. lender may make proof of bss 1 not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or re air of the Property damaged, it the restoration or repair is economicaly feasible and Lender's security is not lessened. M Phe restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. it Borrower abandons the Proper[ y Thor does not answer within 30 days a notice from Lender that the in- surance carrier has offered to settle a claim, ythen Lender may collect the insurance Proceeds. Lender may use the proceeds to repair or restore the Properly onto pay sums secured by this Security Instrument, whether or not then due. e 30 day pared will begin when the notice is given. Unless Lender and Borrower otherwise agree in writingg any application of proceeds to principal shall not extend or postpone the due data of the monthly paayyments referred to in aragraphs t and 2 or change the amount of the ht I proceeds resulting from damage to the 21 the Propeerty pris aguired r to a by Lon s tron66shalol pass to Lendernlo insurance the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 8• "Y' ssrvatbn, Matrienarlcs and R9tectbn of the Rio e�y pip L.Pasehe a Borrower shall occupy, establish, and use the Pro Orly as Borrowers rD inc pel�esidrencewAhiri Sixty days after the execution of this Security. Instrument and shall continue to occupy the Pro arty as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withhold or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroyy damaagqe or impair the Properly, allow the Property to deteriorate, or commis waste on the Property. Borrower shall b'a in delauh A any foneiture action or Proceeding. whether civil or criminal, is begun that in Lender's ey instrum)entgor Lender a seculrrty Iin lrestforfeiture Bor owef the hmayycure or such ieeiefa materiallyult nImpair the lien created bprovided n d 0 mParagr�nalion8 pbecludesl lortteiture ehe tll the Bnor orrowac e" ' tereding to stendthe iPgoperty ored with aother materialtmLpardment ofthellien created by this Security Instrument or Lender's security interest. Borrower shall also be in default B Borrower , during the LenresdewAh any mateeial inlormatan�iin conlnectan wnh the baYnrevden or sjYytehe Note ncudeng(obuainottl^ipreodvidoe r aastehold Borrower shalt complIvys with �I the provisions of the esa�nMipBorroweresidence. quves fee trtlerti the Property the leasehold and the sec title shall no(merge unless Lender agrees to the merger in writing. 7• Rotectbn of Larder's Rights in the Properly M Borrower fails to perform the covenants and agreements con- talned In this Security Instrument or there is a legal proceeding that me Y signdicantN affect Lender s rights in the Property such as a proceeding in bankruptcy, probate. of condemnation or forfeiture or (o enforce laws or r!gF,Iations), then Lender me do and pay for whatever is necessary to protect the value of the Property end Lender's r..,,.!s ;n the R trumy. Lon dyor s actions may include paying any sums secured by a lien, which has prior ty over this Security AbllholWhnlerWafmringakacicotpnunyenrghu� noble attorneys' teas and enten;lg on the Properly to make repairs. yy a by d j paragraph 7, Lender does not hav, to do r:o. this Securtdy Inst unment. bUnlessBoLender ewer and Lander toh Iheratebr sJoteppaym int�ehdebt of Borrower s shall ecuredtby est from the date of disbursement at the Note rate and shall be payrole, wdh interest, upon notice from Lender to Borrower requesting payment. 8. gage insurance. If Lender required mortgage insurance as a condition of making the ban secured by this reasonythelmortgalgetnsuwance cer loveragaerequued byiums rLenided lapses oto 81ceasesto �a9 reinsurance in act. ll, for any Premiums required le obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent v the coon to Borrower of he mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. h substantially equivalent mortgage insurance coverage o not available, Borrower shall pay to Lender each month a sum equal to one twelfth of the yearly mortgage insurance premium being aid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain Pha$ e payments as a bss reserve in lieu of mortgage the option of Lender, d mby ortgaga insurance coverage i(In t e amount end eorehe perbdslhatyLender gequ rite prov�dedt by an insurer approved ur Lender a ect becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a bss reserve, until the requirement for mortgage insurance ends I n accordance wdh any written agreement between Borrower and Lender or applicable law. Form 3047...9,20. n.c..i BK8 I a5 9. InWA Lender or its agent may make reasonable entries upon aOn',spectgns of the Property. Lender shall give Borrower notice at the time of or prar to n inspection Specifying reasonable cause for the Inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any Condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby as- signed and shall be paid to Lender. In the event of a total taking of the Property, theproceeds shall be applied to the sums secured by this Security Instrument whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the (air market value of the Property Immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security, Instrument shall be reduced by the amount of the proceeds multiplied by the folbwin fraction: (a) the total amount of .he sums secured immediately before the taking, divided by (b) the lair market value of the Property immediately before the taking. Any balance shall be paid to 8orrower. In the event of a partial taking of the Prnperty in which the lair market value of the Property immediately before the taking is less than the amount Off sums secured provides,immediately taking lorroaseeeryise awor riting less ap- plicable law otherwise he procebefore edshl( unless Borrower the sums secured by this Instrument whether or not the sums are then due. I the Property is abandoned by Borrower, or B, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing any application of proceeds to principal shall nqqt extend or postpone the due date of the monthly payments referred to in paragraphs 1 and y2 or change the amount ol`such payments. moddicationBofamortizajponpof the'sumsesec secured by thiser Not a Secur y Instrur. ment granted by Lender of the toanysuccessor in in- terest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest oryyrefuse to extend time for made by the otherwise BorrowerorBorrower'sn o' succehe ssorms s in mfe est. t Any forbearance by LeInstrumentnder en exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Sueeeseors and Assigns Bound; Joint and Sawral Llabiiffy Co-signonL The covenants and agreements of this Security Instrument shall bend and benefit the successors and assigns of Lender and Borrower, subject to the provisions of pa/aagqraph 17. Borrower's covenants and reements shall be pint and several. Any Borrower who co• signs this SecuritylnsiB ment but does not execute the N e: a)) is co-s ning this Secur ty Instrument only to mortgage, grant and convey that Borrower's interest in the Property under (he lermgof this Secur ty f.?strument; (b) is not arsonai- myaybalg ee to exptendhmod � fo bear oomal a S ac ommo 21 s widih(regardeto ihattefms olhls Seycuftily In ument or the Note without Ihat Borrower's consent. 19. Loan Charges, 0 the ban secured by this Security Instrument is subject to a law which sets maximum ban Charges, and that law is finally interpreted so that the Interest or other ban charges collected or to be collected in con- nection with the ban exceed the permitted limits, then: a any such ban charge shall be reduced by the amount neces- sary to reduce the charge to the permitted limit; and Sb� any sums already collected from Borrower which exceeded Permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any Prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing It by first class mall unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. CowmhO Lew; Sewrabllky. This Security Instrument shall be governed by federal law and the law of the urtsdiction in which the Property is located. In the event that anyy provision or clause of this Security Instrument or the which can be given a , I wwitehout the conflicting shall. siona To thishenSihe ppovisionsiof this Security Ayrinstrumor ent and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of fM Property or a Beneficial krteraet in Borro wr M all or any part of the Property or any interest in it is sold or transferred (or it a beneficial interest in Borrower is sold or transferredynd Borrower is not a natural person) without Lender's prior written consent, Lender may at its option, require immediate payment in full of all sums secured by this Security InstrumentHowever, this option shall not be exercised by Lender it exercise is prohibited by federal law as of the date of this Security Instrument. M Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period by to s S churiitty Instrument. the date the to paythesersums prio to o heiexpira ionn of this Periiod pay ler may invoke any remedies permitted by this Security Instrument without further notice of demand on Borrower. 16• Borrower's Right to R91hstats. If Borrower meets certain conditions Borrower shall have the right to have enforcement of this Securty Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applkable law may specify for reinstatement) before sale of the Pro arty �ppursuant to any power of sale contained in this Security Instrument- or ib) entry of a judgment enforcing this Security Instrument. those conditions are that Borrower: (a) pays Len er all sums which Ihen would be due under Ihis Security Instrument nit the Note as it no ac- celerat on had occurred; (b) cures ny delauR of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including but not limited to, reasonable attorneys' lees; and (d) lakes such action as Lender may reasonably require t. as ud that the Ilan of this Security Instrument, Lender's tights in the Property and 8orrower'; obligation to ay the sums ser;ured by this Security Instrument shall continue unchanged. Upon reinstate- ment 1. Borrower, this Security Instrument and the obiii'ggaI.in secured hereby shall remain fuify effective as B no ac• celeration had occurred. However, Ihis right to reinstate s?ta11 not apply in the case of acceleration under paragraph 17. hstrumen jsmayy be w�l� onerocmorLe mey�wit�hout pfbrN^ottice tit �orroWiererAst in salemayresult Ineahcha^gelln the entity (known as the Zon Sarvicer� that collects monthly payments due under the Note and this Security Instrument. There Thalso may be one or more changes of the Loan Servlcer ungrelated to a sale of the Note. M there is a change of the Loan e Co Bo stefte the nemenandladdress affthe new Co an Sery ef"a^dWhe addfess olwhibchvpaymeniapplicable should be made. The notice will also contain any other information required by applicable law. 20•FfazerdousSubatances Borrower shell not cause or permit the presence use, disposal, storage, or release of any Hazardous Substances on or in the Propeny. Bofrowar than not do, no allow anyone else to do, anyy- thing sflacting the Property That is In violet tort of any Environmental Law. The preceding two sentences shall not apply (p the presence, use, or storage on the Propeny of small quantitioa of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Propeny. 8orrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazard�n'. la Substance r Form 3 7 9/90 (0-04 3 0 040-6) 8K818PG149b Environments' Law of Borrower has actual knowledge. If learns, or'soied by any governmental or regulatory authority, I any removal or other remedia ion of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20. "Hazardous Substances' are those substances dolined as toxic or hazardous sub- stances by E Prvnvironmental Law and the following substances: gasoline, kerosene• other flammable or toxic petroleum roducta, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioac- e materials. As used in this paragraph 20, 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safaly or environmental protection. NON -UNIFORM COVENANTS. Borrower and Lander further covenant and agree as follows: 21. Acceleration; Ramodlea. lender shag give notice to Borrower rlx to acceleration following Borrower's breach of a c covenant or agreement in this SexRy ktstrurneM (but not prior to acceleration under pare raph 17 un• less applicable low provides otherv**). The notice shad specify: (s) the default; (b) the salon requled9to taro the deface (c) a date not less than 30 days from t► a date the notice lob given to Borrower, by which the defaull must be aced; a (d the{ failure to cure the default on or before the date specifled n the notice may result In acceleration of the &m a secure by this Security Instrument and sale of the Property. The notice shag further inform Borrower of the rktht to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default Is not cured on or before the date apecifled In the notice, Immediate Lander, at Its option, may require mediate payment in tug of all sums secured by this hawrtty Instrument mwithout fur- ther demand and may Invoke the power of sale and any other remedies permitted by applicable few. Lander shall be en -tiled to collect ad expanses Incurred In pursuing the remedes provided In this paragraph 21, including, but not limited to, reasonable attorneys' less and coats of title evidence. If Lander Invokes the power of sale, Lander or Trustee shall glva to Bohower ((and the owner of the Property If a ed rtve lengPaia�rddaance with sale applicablaw, or ce a wwksforp t wbau le asfvd waektee saln a riewps�paper�ha�vnogf ger�ieral of a demo in the county or city a which any part of the Property Is located, and by such additional or any different form of adwnbreryment the Trustee deems advisable. Trustee may son the Properon tins aIg1Mh dayoiler the fret advertise- ment Borrowarashall son the Prroop" abut t pubbicraucction0to the highest Idder athe ft the tine and pplace and under the terms desig haled n t]ne nollce of sale n one or more parcels and n any order Tnistee determines, =es may postpone sale of all or any pparcel of the Property by advertlsng In accordance with applicable law. Lander or Ns designee may purchase the Properfy at any sale. Thretes shag dealer to the purchaser Trustse's dead convey}}n�� the Property with special warranty of tile. The recitals in the Trustee's deal she be prkna tacie evidence of the irwrlh of the statements made therein. Trustee shag apP2 the proceeda of the sale n the following order: (a) to all a anses of the sale, Including but not Ilnted to, ru can loss of 5.hts x opt the pros, sale pr�vxl d leasona pttoms fees b) to the dfxhsrgs of ad taxes, levies end a50essnneMs on the PrOhaarty,'i an , as Pro fed by , p�IMa� sa few �c tc ali(s sums aeuvW by this Security In and (d) any excess tot person or persons legally nt5iad W IL TT� shag not be required to take pos- session of (ins Property prior to the sale thereof or to daMr possession of the Property to tfw purchaser at the Bale. 22. release RSeeccu r;y Instrumentyaand paymentof (surrender ally notes eves ncinriydlebt Instrument, dthis Sel el) InsUumena to Trustee. Trustee shall release this Security Instrument without charge to�obt s . Borrower shall pay any recordationtrumento costs, 23. any Trustee Trustee. Lender, at its opption• may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. �Vihout conveyance of the Property, the successor trustee shall succeed to aJl the title, power nd duties conferred upon Trustee heroin and by applicable law. 24. Identification of Note. The Note is identified by a certificate on the Note executed by any Notary Public who certifies an acknowledgment hereto. 25. Rlderstothis SecurtylnslnarfarlL t one or more riders are executed by Borrower and recorded to ether with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as it the rider(s) were a pan of this Security Instrument. (Check applicable box(es)) ® Adjustable Rate Rider ❑ Condominium Rider ❑ 1-4 Family Rider ❑ Graduated Payment Rider ® Plannod Unit Development Rider ❑ Biweekly Payment Rider ❑ Balloon Rider ❑ Rate Improvement Rider ❑ Second Home Rider ® Ot`er(s) (specify] DUE -ON -TRANSFER RIDER NOTICE: THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE OF THE BY SIGNING PROPERTY CONVEYED. BELOW, Burrower and rider(a) executed r. accepts and agrees to the Wrens and covenants contained In this Securgy by Borrower and recorded with IL 1 OTTK MDfAVWMNKARE �7 84 gpgg(s•a9UEZE-H 1g 8323 •Borrower [Space Below This LJhe For Acknowledgement] _ (Saar -Borrower _(Seal) Borrower STATE OF VIRGINIA, County as: The foregoing Instrument was acknowledged before me this . April 28th, 1M by RICHARD SCOTT KRUEGER AND DAWN MARIE KRUEG (date) (P son k led Ing) My commission expires: Notary Pu is h ; Form 3047 , (d.. er ib.p.q �A: I� G QO� • • G.I.S. WORK ORDER GIS Department of Planning & Development 9 North Loudoun Street �► Winchester, VA 22601 703-665-5651 ~" The following information needs to be supplied to request production of mapping or graphics from the Planning Department. DEPARTMENT: CONTACT: DESCRIPTION OF PROJECT: REQUESTED COMPLETION DATE: DATE T" 0Z — / t^ PHONE: lei• _ 44P. W -sco — For Planning Department Use — C' Materials & Supplies: 3(/0f-t 12 " '0 '(z x l ( e-'T-, e F Keep in Storage? yes No Public Use Fee Total Time Spent on Project: CAS—Q 7 cl�, Comments: COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 irIFICAriJl OF PUBLIC rl ARING May 7, 1996 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: THE APPLICATION OF RICHARD SCOTT AND DAWN KRUEGER - VARIANCE #005-96 On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing to be held on May 21, 1996, at 3:25 p.m., in the board room of the Old Frederick County Courthouse in Winchester, Virginia. This hearing is to consider a request by Richard Scott and Dawn Krueger for a 15' rear yard setback variance to build a 12' addition. The property is located in an RP (Residential Performance) Zoning District at 112 Southdown Circle in the Albin Village Subdivision and is identified with Property Identification Number 7517-2-58 in the Opequon Magisterial District. Any interested party may attend this meeting to speak for, or in opposition to, the request. You may contact this office to have questions addressed. Sincerely, Michael T. Ruddy Planner I MTR/cg 107 North Kent Street Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was m led to the following on -May 7, 1996 from t*epartment of Planning and Dev*ment, Frederick County, Virginia: RICHARD SCOTT & DAWN KRUEGER 112 SOUTHDOWN CIRCLE STEPHENS CITY, VIRGINIA 22655 MR. MICHAEL DEHAVEN 111 SOUTHDOWN CIRCLE STEPHENS CITY, VIRGINIA 22655 MS. SANDRA J. GOLDEN 113 SOUTHDOWN CIRCLE STEPHENS CITY, VIRGINIA 22655 MR. RICKY L.:',LEMKE 114 SOUTHDOWN CIRCLE STEPHENS CITY, VIRGINIA 22655 MR. JANES M. KERSEY 110 SOUTHDOWN CIRCLE STEPHENS CITY, VIRGINIA 22655 WINFRED W. HACK, ETALS 974 E. MACEDONIA CHURCH ROAD STEPHENS CITY, VIRGINIA 22655 Michael T. Ruddy, Planner Y { Frederick County -Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Q J. L} ] H a , a Notary Public in and for the state and county aforesaid, do hereby certify thatll Michael T. Ruddy, Planner I for _ the Department of Planning and Development, whose name is signed to the foregoing, datedqC (� , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this I +� day of ICob My commission expires on p '%��,{ sf-0 Jqqq ' 4A, `�`� bTiARY PUBLIC