HomeMy WebLinkAbout18-00 Ronald & Marie Wible - Shawnee - Backfiler
Date:
BOARD OF ZONING APPEALS
Variance Request Tracking Sheet
/ _ 3.00 File opened
t/11— Reference Manual updated/number assigned
D-base updated
_ 1194m*w location maps requested from GIS
Two sets of labels requested from Data Processing
/-1& , Ol File given to Renee' to update Application Action Summary
MEETING DATE:_ FINAL ACTIOPT:�
CLOSE OUT FILE:
A' r denial) letter mailed to applicant/copy made for file
_ File stamped "approved", "denied" or "withdrawn"
Reference Manual updated
D-base updated
File given to Renee' for final update to Application Action Summary
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ORDER By
COUNTY of FREDERICK
Department of Planning and Development
54,0/ 065-5651
FAX: 540/ 665-6395
MEMORANDUM
TO: Finance Department
FROM:Karen A. Cain, Receptionist/Office Assistant I[ IdA F 011101
SUBJECT: Return Of Sign Deposit
DATE: January 23, 2001,
The amount of$50.00 was deposited in line item #10-911-08 for the person named below as a
deposit for a sign for Variance Application #18-00. They have now returned the sign and are
therefore entitled to the return of their deposit. You may pay this through the regular bill cycle.
Please send a check in the amount of $50.00 to:
Mrs. Marie Wible
200 Camellia Court
Stephens City, Virginia 22655
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,LT_Wareatik"a& stti$ZConunm\SIGI`IRTRN.LST\SIGNDEP.PER
0 9 FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
January 19, 2001
Mr. and Mrs. Ronald Wible
200 Camellia Court
Stephens City, VA 22655
RE: VARIANCE APPLICATION #18-00 OF RONALD AND MARIE WIBLE
200 Camellia Court (Property Identification Number 75G-4-4A-77)
Dear Mr. and Mrs. Wible:
This letter is to confirm that the above -referenced application was acted upon by the Board of Zoning
Appeals at their meeting on January 16, 2001. The Board of Zoning Appeals voted unanimously to
approve your request for a 4.7-foot side yard setback variance for an existing house.
If you'have any questions regarding this action, please feel free to call this office.
Si erely,
c
Eric R. Lawrence
Zoning Administrator
ERL/ch
cc: Building Inspections
A:\wiblc_app"Impd
107 North Kent Street • Winchester, Virginia 22601-5000
•
BZA REVIEW DATE: 01/16/01
VARIANCE #18-00
RONALD AND MARIE WIBLE
LOCATION: The property is located at 200 Camellia Court.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75G-4-4A-77
PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use -
Residential
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Uses:
Residential
VARIANCE: The applicant is requesting a four -foot, nine -inch side yard setback variance for an
existing house. This would enable a boundary line adjustment between two parcels.
REASON FOR VARIANCE: The variance is being sought due to a "waiver" which was granted
at the time of closing and was written into the deed. The applicants seek the variance in order to obtain
a building permit to build a deck.
STAFF COMMENTS:
This request has been submitted in order to bring an existing dwelling, constructed in 1988, into
conformance with the rear setback requirements of the Zoning Ordinance. Within the RP (Residential
Performance) Zoning District, the minimum rear yard setback for a principal structure is 25 feet. The
existing single family dwelling was constructed 20 feet, 3 inches from the rear property line; therefore,
the applicant is requesting a four -foot, nine -inch rear yard variance to accommodate the existing house.
The house was constructed prior to the County's adoption of Structural Location Survey requirements;
therefore, the current process of instituting a building location survey was not required and the house
was constructed without the benefit of such a survey.
0
Ronald and Marie Wible Variance #18-00
Page 2
January 3, 2001
While the house was constructed over 10 years ago, it was not until recently that staff was made aware
of the setback violation. The applicant had submitted design plans to acquire a building permit to
enclose an existing deck, and construct a new deck on the property. When the required documentation
was submitted to the county, staff noted that the existing house did not comply with the zoning
ordinance setback. After researching the building setback discrepancy, it was determined that a
violation did indeed exist, and that a variance must be gained prior to the construction of additional
improvements on the property.
STAFF CONCLUSION:
The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the board
unless it finds that a) strict application of the Ordinance would produce an undue hardship approaching
confiscation; b) that such hardship is not shared generally by other properties in the same zoning district
and the same vicinity, and; c) that the authorization of such variance will not be of substantial detriment
to adjacent property, and that the character of the district will not be changed by the granting of the
variance.
Staff believes that this request may be reasonable since the house was built more than 10 years ago
under approved building permits.
O:Wgendas\BZA\StaffReport\Ron Wible.wpd
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LOWIM
Page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner V/ other . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: Ror111 d e MOLu l e, w " 0 e NAME:
ADDRESS JC)o Ca MdILCL CCxj_f+ ADDRESS:
hern G4-u . VA 2,21o5'�s
TELEPHONE: TELEPHONE:
3. The property is located at (give exact directions and include
StateRoutenumbers) :
.900 Oam e_l l / ct.,
4. The property has a road frontage of /5g./ feet and a depth
of 0, 38c Mo. h feet and consists ofy. 35 acres. (please be
exact)
5. The property is owned by M (� WI I6
as evidenced by deed from f rw LWe recorded
previous owner)
in deed book no. g(D) on page 1(c5j of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
Page 2 of 5
1� 6. Magisterial District: ne.e-�
CoMM'O, , 7. 14-Digit Property Identification No.: '-155C-4000 Lh4 AOor/io
�J
S. The existing zoning of the property is: Pp
9. The existing use of the property is:
10. Adjoining Property:
���n9 USE ZONING
r
North P
�t
East
South
West
11. Describe the variance sought in terms of distance and type.
(For example: "A 3.5' rear yard variance for an attached two
car garage.")
7 �f
Iaz�-
4" ( -( " re-ar
nn -MIS ,f ro D� �t �� bu.;' l t- oye r W'jt .25' Sejh&
Sjd-C, /,;, e_) ,i, I B J G iNe Cah a.cic� G?Gt r e� l s, hg cue _
Wh,ch iS VVl4-h.r, "ale metcCk /ir1eS .
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
OL 4IX
vuri'cUnc-e-. Is
beiq, q
�auuht
�cac�5e. Gee ie,IG�t to 9e�
taL(a�C�ir)q
arm, f f0 add
or) -�o
cur-
deck •
13. Additional comments, if
40e- rivre -kid Qr C c�cl.x
�5 h le
k,q/ve-d-/4 ,s in `i x deed. -
page 3 d 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 notifd by mail of this application:
NAMEPltyn-,oncf e 4hq ft-)"nc%h Address :,204- OCtme_/kac-'
S-phe��s C16 ; V/i 2.2656
Property ID# r7567000441900r7(o D
NAME ! cif e /l�ara� Brow cl �r
Property ID# rl 5- 6 000190 GOO7 90
NAME M,chaO t" Miry C/le„ %(ryeAer
Property ID# `i 5 C? 000 / cD a OO 2a
Address 144P &J / t -u vej &re /y
%Stephe,ns Cc 91 VJ a2Q666
Address 100 Bell /47-ven
O �epens
NAMEJJ) n t' yvennc Se'J Uff-i Address 6?0 /
S-Ic�her�s �•� � U� aaCo 55
PropertyID# `15 C7 000 4 cl Q O -7f O
NAMEC. arie5 Tr� R, ffle Address o203 O.rr7el�ia,
6150hen s 5'�/ , VA a,Q656
Property ID# '15 CG O0O Y 4 /3 0o -7:) O
NANiEehr/siq
bhe►-f
,Corgi
�/ Xor�
Property ID#
17 567
Ooo 4q,�Uogg0
Iu l
Property ID# %Sv 14 77
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
Address /03
67�0w - ce)�i V/} I:N(055
Address
Address
Address
Address
Page 4 of 5
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.
k
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Page 5 of 5
AGREEMENT
VARIANCE # 19— Qv
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 complywith 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(,�-�✓ ����� DATE 6-1g-00
SIGNATURE OF OWNER DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF 1j. L 1. [ D) ACTION:
- DATE -
APPROVAL
SIGNED:a/\, ` f�A
BZA CHAIRMAN
DENIAL DATE:
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THIS IS TO CER77FY THAT ON DUNE 28,, 1996
I MADE AN ACCURATE SURVEY OF THE PREMISES
SHOWN HEREON, AND THAT THERE ARE NO EASE-
MENTS OR ENCROACHMENTS NSIBLE ON THE
GROUND 07HER THAN THOSE SHOWN HEREON.
HOUSE L OCA 17ON SUR BEY
ON
LOT 77
SEC77ON IV --A
LAKEWOOD MANOR
DEED BOOK 649 PAGE 711
SHAWNEE DISTRICT
fRED£RICK COUNTY, ORGINIA
DA7E• ✓UNE 28, 1996 SCALE.- 1 "=25'
REBAR
SET
BELL HAVEN CIRCLE
50' R—O—W
NOTES•
1. TAX ASSESSMENT MAP NO 75G-4-4A-77
2. CURRENT INSTRUMENT IN CHAIN OF 7771E IS
DEED BOOK 702 PAGE 585
3. THIS PLAT HAS BEEN PREPARED WITHOUT THE
BENEFIT OF A 7771E REPORT AND DOES NOT
NECESSARILY INDICA 7E ALL ENCUMBRANCES ON
THE PROPERTY SURVEYED.
JOB # 96-42
OWNER.- NETH
PURCHASER. WIBLE
FL ODD NOTE.'
ZONE.• C
COMMUNITY NO.: 510063
PANEL: 0200 B
DA 7E• 07-17-78
CHAI&(ES E. WALLS, J 4 S
NRGIN CERTIFICATE NO. 1�45
' C11APUt E.�WALM J, . �•
DA 7E SIGNQ ^Q
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THIS SURVE? 15�0t ✓AUD LTEbjSIONED,
DA 7ED AND STAh P�D {AT •EMBOSSED 3E 4,
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THIS DEED and WAIVER OF RESTRICTIVE COVENANT, made and dated this 8th
day of July, 1996, by and between CALEB SQUIBB NETH amd ELEANOR LOUISE
NETH, husband and wife, parties of the first part, hereinafter called the
Grantors; RONALD MICHAEL WIBLE and MARIE H. WIBLE, husband and wife,
parties of the second part, hereinafter called the Grantees; and SHIHO,
INC., a Virginia corporation, party of the third part.
WITNESSETH: That for and in consideration of the sum of Ten Dollars
and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantors do hereby grant and convey, with General
Warranty and English covenants of title unto the Grantees, in fee simple,
jointly, as tenants by the entirety, with common law right of survivorship,
it being intended that the part of the one dying should then belong to the
other, his or her heirs or assigns, the following described real estate,
together with all rights, rigfits of way, improvements thereon and
appurtenances thereunto belonging:
All that certain parcel of land, lying and being situate in
Shawnee Magisterial District, Frederick County, Virginia, and
more particularly described and designated as LOT 77 of LAKEWOOD
MANOR, SECTION IV -A, on that certain plat of survey drawn by P.
Duane Brown, C.L.S., dated February 6, 1987, attached to the Deed
of Dedication of said subdivision dated June 1, 1987, of record
in the Office of the Clerk of the Circuit Court of Frederick
County, Virginia, in Deed Book 649, at Page 697, et seq., and
further described by plat of survey by Charles E. Walls, Jr.,
L.S. dated June 28, 1996; and being the same property conveyed to
Caleb Squibb Neth and Eleanor Louise Neth, husband and wife, by
Deed dated January 3, 1989 from halter J. Miller, Jr., et ux, of
record in the aforesaid Clerk's Office in Deed Book 702. at Page
585.
Reference is hereby made to the aforesaid instruments and the
references therein contained for a more particular description of the
property hereby conveyed.
This conveyance is made subject to all easements, rights of way and
restrictions of record, affecting the subject property.
The party of the third part joins in this deed at the request of the
parties of the first part and pursuant to Article VI, Item 10, of the Deed
of Dedication, of record in the aforesaid Clerk's Office in Deed Book 6.49,
at Page 697, and hereby agrees to waive the 25' building restriction line
along the side adjacent to Lot 76, Lakewood Manor, Section IV -A.
WITNESS the following signatures and seals:
_ 0 K861PG 1iS2._..
-�^ ISEALI
C�FEBS`06j_�T�dX TH
�)�_ISEALI
ELEANOR LOUISE NETH
S}fI110, INC.
BY: ISEALI
" +'� .`� " DA H0, DAY, rresident
t t•�•3q ST.A&F--OF VIRGINIA
s+ ` ••Y OF WINCHESTER, to -wit:
Y T d{i, Acknowledged before me this 04t—day of July, 1996 by CALEB SQUIBB
` NETH and ELEANOR LOUISE NETH.
My commission expires: I y ce
NOTARY PUBLI,
s• ,ter:::.
:'ti (i�7�1 tis
V.
•. ,•Cf..
STATE OF VIRGINIA
CITY OF WINCHESTER, to -wit:
Acknowledged before me this 4 '' ay of July, 1996 by David B.
i°}tq�lliday, who is President of Shiho, Inc., a Virginia corporation, on
alf of the corporation. �I
My commission expires:
NOTAIVUBLIC
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THIS DEED and WAIVER OF RESTRICTIVE COVENANT, made and dated this 8th
day of Julv, 1996, by and between CALEB SQUIBB NETH amd ELEANOR LOUISE
NETH, husband and wife, parties of the first part, hereinafter called the
Grantors: RONALD MICHAEL WIBLE and MARIE If. WIBLE, husband and wife,
parties of the second part, hereinafter called the Grantees; and SHIHO,
INC., a Virginia corporation, party of the third part.
WITNESSETH: That for and in consideration of the sum of 1'en Dollars
and other good and
valuable
consideration, the
receipt of
which
is herebv
acknowledged, the
Grantors
do hereby grant
and convey,
with
General
Warranty and English covenants of title unto the Grantees, in fee simple,
jointly, as tenants by the entirety, with common law right of :survivorship,
it being intended that the part of the one dying should then belong to the
other, his or her heirs or assigns, the following described real estate,
together with all rights, rights of way, improvements thereon and
appurtenances thereunto belonging:
All that certain parcel of land, lying and being situate in
Shawnee Magisterial District, Frederick County, Virginia, and
more particularly described and designated as LOT 77 of LAKEWOOD
MANOR, SECTION IV -A, on that certain plat of survey drawn by 1,,
Duane Brown, C.L.S., dated February 6, 1987, attached to the Deed
of Dedication of said subdivision dated June 1, 1987, of record
in the Office of the Clerk of the Circuit Court of Frederick
County, Virginia, in Deed Book 649, at Page 697, et seq., and
further described by plat of survey by Charles E. Walls, Jr.,
L.S. dated June 28, 1996; and being the same property conveyed to
Caleb Squibb Neth and Eleanor Louise tieth, husband and wife, by
Deed dated January 3, 1989 from Walter J. Miller, Jr., et ux, of
record in the aforesaid Clerk's Office in Deed Book 702, at Page
585.
Reference is hereby made to the aforesaid instruments and the
references therein contained for a more particular description of the
property hereby conveyed.
This conveyance is made subject to all easements, rights of way and
restrictions of record, affecting the subject property.
The party of the third part joins in this deed at the request of the
parties of the first part and pursuant to Article VI, Item 10, of the Deed
of Dedication, of record in the aforesaid Clerk's Office in Deed Book 649,
at Page 697, and hereby agrees to waive the 25' building restriction line
along the side adjacent to Lot 76, Lakewood Manor, Section IV -A.
WITNESS the following signatures and seals:
M •
L
�q�. ,yr'�eC•,C
�N, t
ISEALJ
CALEB SQUIBB ' TH
I'EALI
ELEANOR LOUISE NETH
SHIHO, INC.
1"
' BY:
ST.A�E OF VIRGINIA
% -'Zr�}rbF WINCHESTER, to -wit:
04
`f ••1 4 - Acknowledged before me this
ATH and ELEANOR LOUISE NETH.
Art,
% l_ r
NOTARY PUBLI
My commission expires:
STATE OF VIRGINIA
CITY OF WINCHESTER, to -wit:
ISEAL I
DAY, fsres ident
/`2 a —day of July, 1996 by CALEB SQUIBB
'r p
Acknowledged before me this 4 day of July, 1996 by David B.
�A:.Agl,liday, who is President of Shiho, Inc., a Virginia corporation, on
tiPia�lalf of the corporation.
My commission expires:
NOTAIPUBLIC
\ RECORO /VORT
i
OK86IPG1653
REBAR
ELE�rR�C MER FOUND
OR
TRANSF,. 1 �6. g 0
S'9235p_E
WA TER
METER
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THIS IS TO CER77FY THAT ON JUNE 28, 1996
I MADE AN ACCURATE SURVEY OF THE PREMISES
SHOWN HEREON, AND THAT THERE ARE NO EASE-
MENTS OR ENCROACHMENTS VISIBLE ON THE
GROUND OTHER THAN THOSE SHOWN HEREON.
HOUSE L OCA TION SUR VEY
ON
LOT 77
SEC17ON IV --A
LAKEWOOD MANOR
DEED BOOK 649 PAGE 711
SHAWNEE DISTRICT
FREDERICK COUNTY, WRGINIA
DA TE• ✓UNE 28, 1996 SCALE.- 1 "=25
I
I
REBAR
FOUND
CA IV
-RISER
ap TELEPHONE
RISER
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13
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O
LOT 77
15,486 SO. FT.
DRA/NAGE----�
EASEMENT
L 69.38'
R 375.00
HA vEN CIRCLE
50' R—O— W
NO TES.
1. TAX ASSESSMENT MAP NO. 756-4-4A-77
2. CURRENT INSTRUMENT IN CHAIN OF 777LE IS
DEED BOOK 702 PAGE 585
J. THIS PLAT HAS BEEN PREPARED WITHOUT THE
BENEFIT OF A 77TLE REPORT AND DOES NOT
NECESSARILYINDICATE ALL ENCUMBRANCES ON
7HE PROPERTY SURVEYED.
JOB # 96- 42
OWNER: NETH
PURCHASER- W/BLE
FL OOD NOTE.•
ZONE- C
COMMUNITY NO.: 51006J
PANEL: 0200 B
DA 7E• 07-17- 78
CH44ES E. WALLS, J 4 S
�1RQN A' CER 77FICA TE NO. 1 �45
-WALM i, .
DATE SIGN44 Q ;Gc?4�'� f
r i
i /,{►►� qC
THIS SURREY 15-4OT ✓NL/D ( SIGNED.
DA M9 AND STAMPED GAT EMBOSSEP
Application Process Evaluation
We would like to learn how we might improve this process. Please complete this form and
submit it to the Planning Department. You can submit it to us separately from the application if
you wish. You may submit it anonymously.
1. Which type of application did you complete?
Rezoning Site Plan
Master Development Plan Subdivision
Conditional Use Permit Variance y
2. Which part, if any, of the application process did you find particularly difficult? (Check as
many as you wish.)
Completing the application form
Tax verification
Agency review comments
Adjoiner identification information
Other (Please specify)
3. Did you have a discussion with a staff member before submitting the application?
YES ✓ NO
4. Were you able to receive the assistance or information that you needed from the staff?
YES ✓ NO
5. What portion of this process took the longest for you?
Completing plans
Completing the application
Tax Verification
Agency review comments
Other (Please specify)_
6. What do you think could have been done differently to make this process quicker?
7. Do you have any suggestions about what we could do to make this process work better?
May 17, 1996 (KAwp\cmn\bah_cr\apphc.rev)
COUNTY of FREDERICK
i Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
1 ICitIFICAVI ANI OF PUBLIC i- EAl" NG
January 4, 2001
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: APPLICATION OF RONALD AND MARIE WIBLE, VARIANCE #19-00
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on January 16, 2001, at 3:25 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the
application of Ronald and Marie Wible for a 4.7-foot side yard setback variance for an existing house.
This property is located at 200 Camellia Court and is identified with Property Identification Number
75G-4-4A-77 in the Stonewall Magisterial District.
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application will be available for review at the Handley Library (temporary Loudoun Street Mall
locatio ) the week of the meeting, or at the Department of Planning and Development located at 107
Nort lent Street in Winchester, Virginia.
SiLLawrence
Er
Zoning Administrator
ERL/ch
AABZA Adjoiners\Wib1eVAR.wpd
107 North Kent Street - Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
00 from the Department of Planning and Development, Frederick
Coun Virginia:
75G - 4-4A- 76
MUNCH, RAYMOND F II 75G - 4-4A- 72-
204 CAMELLIA CT RIFFLE, CHARLES K & TRACY A
STEPHENS CITY, VA. 22655-2386 203 CAMELLIA CT
STEPHENS CITY, VA 22655-2386
75G - 8- 5- 78-
BROWDER, DONALD A & MARGARET R
146 BELL HAVEN CIR
STEPHENS CITY, VA 22655-2383
75G - 1- 2- 22-
KRUEGER, MICHAEL
100 BELL HAVEN CIR
STEPHENS CITY, VA. 22655-2382
75G - 4-4A- 71-
SALDUTTI, JOHN A JR & YVONNE
201 CAMELLIA CT
STEPHENS CITY, VA 22655-2386
75G - 4-4A- 49-
DIXON, CHRISTOPHER M
CIO LIBERTY MORTAGE CO
PO BOX 25336
OKLAHOMA CITY, OK 73125-0336
75G - 4-4A- 77-
WIBLE, RONALD MICHAEL & MARIE H
200 CAMELLIA CT
STEPHENS CITY, VA 22655-2386
Eric R. Lawrence, Zoning Administrator
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, �r) q,- I I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Eric R. Lawrence, Zoning Administrator, for the Department of
Pl nning and Development, whose name is signed to the foregoing, dated
• `A . () I , has personally appeared before me and acknowledged the same in my
State and County aforesaid.
Given under my hand this day of ` I� 10j2 cQ av I
My commission expires on �] Q a j �3
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ARY PUBLIC