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HomeMy WebLinkAbout02-99 King's Plumbing & Heating (Jerry King) - Stonewall - Backfile0 a t BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: s g File opened kl-" Reference Manual updated/number assigned D-base updated 12 color location maps requested from GIS Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary MEETING DATE: b - I - q 9 FINAL ACTION: APPROVED CLOSE OUT FILE: 4 Approval (or denial) letter mailed to applicant/copy made for file ✓ File stamped "approved", "denied" or 'withdrawn" ,/ Reference Manual updated —j D-base updated 1 ,qFile given to Renee' for final update to Application Action Summary U-\Cuol\Common\TRACKING. BZA Revised I1/2/98 I Y14;-`%Lf ' BUSINESS (540) 667-2700 fI✓o yGS- 561" FAX (540) 667-2896 23 W. JUBAL EARLY DRNE RESIDENCE (540) 869-4559 WINCHESTER, VA 22601 PAGER (540) 723 9293 E-mail: smccall@visuailink.com MOBILE (540) 336-1982 I' — 'A' 11' A. ' CSH • Date ✓ 00120 _/ Received From Address Dollars $ CIL IN > For 54L^ .r _. , w A ACCOUNT CASH I �x 1 .Spl � x AMT PAID CHECK BY ^" BALANCE MONEY DUE ORDER B4 THE WINCHESTER STAR, Monday October4, 1999 Wedding Bliss At first glance, this photograph of Rick and Sherri Simpson's wed- ding on Saturday reveals little of the ordeal the Frederick County couple went through to be mar- ried on their front porch. The Simpsons closed on the house in April, only to find out that the full- length porch, one of their favorite features of the colonial home, had been built three feet too close to the street they live on, Orion Court. In June, the Simpsons went before the Frederick County Board of Zoning Appeals, which granted a variance allowing them to keep their beloved porch.(Pictured with the couple are Sherri Simp- son's children, Brad Settle and Jaime Settle, and the Rev. Doug Hardman, who officiated at the ceremony.) Star Photo by Michael Brannon THE WINCHESTER STAR Monday. October4 1999 B3 Fill with Experimental Aircraft By ANNETTE JONES The Winchester Star The hum of aircraft could be heard throughout Winchester this weekend as the Winchester Re- gional Airport hosted the annual Fall Fly -in sponsored by Experi- mental Aircraft Association Chap- ter 186. Radio -controlled planes and he- licopters shared the airport's airspace with all sorts of'real-life aircraft. Tangy Mooney, the manager of the fly -in, said she's not sure how long the organization has been holding two fly -ins yearly at the Winchester Regional Airport — one in May and the one in Octo- ber. "No one's been able to answer that question," Mooney said. "It's a mystery." She said she's heard it's been about 20 years. The fly-in's concept is similar to that of car shows — gather afi- rinnndna to trade war dories and Depending on the weather, as many as 400 aircraft will par- ticipate in a Winch- ester fly -in. Another thousand or so peo- ple walk through the gate. tales, and those interested in avi- ation wander in to see the planes and other activities, Mooney said one of the main purposes of the fly -in is to educate the public. "General aviation is a very safe means of transportation," she said. "Your chances of getting hurt in an aircraft are much less then get- ting hurt in a car." Seeing the skepticism in the eyes of an onlooker, Mooney ex- plained. "Pilots have to adhere by very IW\ ' �1�1�► ' CMG ,- COUNTY of FREDERICK Department of Planning and Development 5401665-5651 "'" FAX: 540/ 678-0682 MEMORANDUM TO: Finance Department FROM: Karen A, Cain, .Office Assistant II�� SUBJECT: Return Of Sign Deposit DATE: July 16, 1999 The amount of $25,00 was deposited in line item #10-1911-08 for the business named below as a deposit for a sign for the Jerry King Variance Application #02-99, 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 $25.00 to; Marsh & Legge 139 North Cameron Street Winchester, VA 22601 RSA/kac 107 North Kent Street Winchester, Virginia 22601-5000 L� Variance #02-99 - Kings Plumbing and Heating 6 0 Fire COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 June 16, 1999 Mr. Scott Marsh Marsh & Legge Land Surveyors 139 N. Cameron Street Winchester, VA 22601 RE: VARIANCE #02-99; P.I.N. 55J-1-1-13 Dear Scott: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of June 15, 1999. Your Variance Application, #02-99, has been approved for a 3.2-foot front yard variance for an existing front porch. The property is located at 109 Orion Court (Briarwood Estate, Lot 13), and is identified with Property Identification Number 55J-1-1-13 in the Stonewall Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, M Christopher M. Mohn Planner II CMM/cc cc: Frederick Co. Building Inspections Dept. 0:Wgendas\BZA\APPR_DENITR\Kb4s Plumbing.apr 107 North Kent Street • Winchester, Virginia 22601-5000 �7_ • BZA REVIEW DATE: 06/15/99 VARIANCE #02-99 KING' S PLUMBING & HEATING LOCATION: The property is located at 109 Orion Court. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55J-1-1-13 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance); Uses: Residential and Vacant VARIANCE: 3.2-foot front yard setback variance for an existing front porch. REASON FOR VARIANCE: The applicant states that the lot fronts on a cul-de-sac, and the front property line is an arc. The main structure does not encroach. A front porch was added and a portion encroaches into the arc curve of the setback line. STAFF COMMENTS: Within the RP (Residential Performance) Zoning District, the front yard setback is 35' from the road right-of-way. The existing porch was constructed in violation of this setback requirement as it is located approximately 31.8' from the right-of-way of Orion Court. Therefore, a 3.2' front yard setback variance has been requested. Following inspection of the subject property, staff was unable to identify any unique or extraordinary condition that would preclude the residential development of the site in full conformance with all applicable setback standards. Indeed, as noted by the applicant, the main portion of the dwelling has been successfully constructed on the property without encroachment into the required setback areas. Furthermore, review of the house location survey submitted with this application suggests that ample space exists within the buildable area of the property for the location of the dwelling, as well as both the front porch and rear deck. It is, therefore, evident that the subject encroachment was created exclusively through the error of the builder as the curvature of the front property and setback lines was not accommodated when the front porch was installed. • 0 King's Plumbing Page 2 June 7, 1999 It is important to note that the builder in this case contracted with a third party inspector to expedite review of the footers and foundation of the dwelling on the subject property. Such a contractual relationship is permitted by law assuming the inspector follows strict guidelines established by the Frederick County Building Official. Specifically, the third party inspector must evaluate the work of the builder using data generated through the Building and Inspections Department, which is based upon the submitted building permit application and printed on spreadsheets referred to as "tickets." Included in the ticket information are the setbacks applicable to the proposed structure(s). The third party inspector must provide their professional seal and signature on these tickets as confirmation that all requirements and specifications have been met by the builder. According to John Trenary, Frederick County Building Official, the tickets accompanying the building permit application for this property were never retrieved for review by the third party inspector and consequently never returned for final approval with the requisite signature and seal. As the third party inspector functions as an agent of the builder, the responsibility for such negligence and the resulting encroachment is not limited only to the inspector, but is arguably shared by all parties involved in the development of the property. The addition of a front porch to the subject dwelling constitutes an architectural embellishment that is clearly not integral to the reasonable use of the property. It is, therefore, impossible to suggest that the strict application of the requirements of the Zoning Ordinance in this case would result in a hardship approaching confiscation. Indeed, through miscalculation and negligence, the builder and their agent created a self-imposed hardship that may be easily resolved without a variance to the setback requirements of the RP Zoning District. In addition to the solution of complete removal of the porch from the dwelling, the Zoning Ordinance provides the builder with an effective alternative in this case. Specifically, a porch may extend a maximum of three (3) feet into the front setback area assuming the length of the porch is limited to less than one-third of the length of the front wall of the dwelling. Thus, through modification of the dimensions of the existing structure, the builder may be permitted to provide a functional porch that also legally encroaches the required front setback area without the requested variance. STAFF CONCLUSION: In this case, the strict application of the Zoning Ordinance has not been proven to prohibit the use of the subject property. The hardship identified by the applicant was self-imposed and may be corrected through a variety of options permitted by the Zoning Ordinance. It is the opinion of staff that preventable errors made during the development process through the negligence of either the builder or their agent(s) are not sufficient justification for a variance to the requirements of the Zoning Ordinance. The Code of Virginia, Section 15.2-2309(2)(a), states that no variance shall be authorized by the board unless it finds that strict application of the Ordinance would produce an undue hardship approaching confiscation. Staff believes that granting the requested variance would be inappropriate as a demonstrable hardship that would significantly restrict the use of the property does not exist. U.E, R, T1. I D AlIA TI- Ma.`f 3, '1999 ding's Plumbing & Heatfiig Attention: %1 chard ling 29078 Old Valley Pikev Strasburg, VA 22657 : Briarwood Estates, Lot 13 Permit #2233-98 Ttvms outstanding for fmal inspection and Certificate of Occupancy Bear Wlr. ling: C UP,1' y of r REDERI CK Inspections Department John S. Trenary, Building Official 703/665-5656 Fax: 703/678-0682 At this time the following violations shall be completed before a final Certif[cate of {occupancy can be issued: 1. Planning and zoning approval for structure located mithin the front saba&r. (Report submitted on April 14, 1999 indicates 31'8" to front porch with a mininmm allowed of 35'-Section 111.4 USBC Campliancc Nvith Site Flan) 2_ Engineer report received indicating inspection approvals of footings, concrete wall, draintile, basement slab and garage slab. This report is incomplete and shall include the information required within the Frederick County 'Third Party Inspection Policy. Item 04 Sections B (enclosed) and Section 11302 (1) USBC 1aspectionas. 3. Double ban board on front deck has brLalLs not located over supports 502..4). Question about. the proper support of floor joist ex -tending into b--tick veneer. The end joists are only toe nailed. Tease have your design professional evaluate this area for proper support and flashing. Sections 113.2 (4) USBC lnspecti-a n of Structn?ral Members and Fasteners Prior to Concealnment. 4. Seal brick edges at all windovvs and corner .% channels. Tlnprotec-tod lumber shall not be exposed in these areas. CABO 703.1 9 N. Loudoun Street - Winchester, Vir;inia - 22601 • King setter Page 2 A reinspectien of the exterior on Apt 29, 1999 corms �aed that the draintile has been extended to the back of the lot and appears to be in compliance. Please reso-ile items #1 and #2 in order to obtain a temporary Certificate of Occupancy. Please be aware the above is subject. to appeal sander Section 121 of the USBC. If you have any questions please give me a call at (540) 665-5656. Sincerely, �'�- , °-U� -mow-✓. John S. Trena- y, CPS Building Code 0 JSi/jao cc: Ed Strawsynder, Public Works Department R.ckm an Engineering Mike Ra.ddy, Planning & Zoning Me TBEW p zkRTY hNS?ECTI(Dt t POLICY PAPS 17VVO 4 Doclunentation of Inspections -Reports and Forms A. All third party inspections shall be documented in writing and presented to the Building Code Official within five (5) calendar days after performing the inspection(s)- B.' Inspections shall be documented on a standardized progress form which shall include the following: —name of permit holder job location —permit number —date of request —date of inspection —inspector's signature —type of inspection time in and out of site weather and temperature property setbacks —corrections, if any Third party inspectors shall leave an approval sticker or correction order on the site consistent with approved procedures. ` C. Notices of violation, stop work orders, etc. shall be issued by the Building Code Official only. Third party inspectors may submit such reports to the Building Code Official for review action. All inspections shall be submitted and presented to the Building Code Official, or a designated agent, for review and acceptance. All third party inspections shall be considered final upon acceptance of the required reports by the Building Code Official if performed by an approved third party agency or inspector according to the intent of the Uniform Statewide Building Code. C� • Buckman Engineering Bpi April 26, 1999 Mr. John Trenary Frederick County Building Department 107 North Kent Street Winchester, Virginia 22601 RE: Foundation Inspections Single -Family Dwelling Briarwood Estates - Lot #13 Frederick County Building Permit #2283-98 Dear Mr. Trenary, This letter is to confirm that Ruckman Engineering did perform foundation inspections at the above referenced dwelling. The foundation inspections included the following: footings, concrete wall forms, draintile, basement slab, and garage slab. All of the foundation inspections were found to be in accordance with the approved construction drawings and the Virginia Uniform Statewide Building Code. I hope the information provided meets your needs at this time. If I can be of any further assistance in this matter, please do not hesitate to call. WHAAD A. 1 :x,*A1i Richard A. Ruckman, P.E. 77 '�^� �vv` �T- '� � nrl 20-B Ricketts Drive * Winchester, VA 22601 * (540) 678-1216 * Fax (540) 678-1217 ENDER: i 1 also wish to receive the ■ Complete items 1 and/or ? ° - additional services. fOIIOWIn services (for an m ■ Complete items 3. ' g S2 m ■ Print your name a in the reverse of this form so that we can return this extra fee): card to tou. mi ■ Attach t the mailpiece, or on the back if space does not 1. ❑ Addressee's Address •c> ■ Wflto *Return Receip,-&quested'on the mailpiece below the article number. 2. ❑ Restricted Delivery rT r■ The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. o 3. Article Addressed to: 4a. Article Number Uc r� c 4b. Service Type i 1 �i J ❑ Registered 12 Certified Q ❑ Express Mail ❑ Insured = r ❑ Retum Receipt for Merchandise ❑ COD `J / 7. Date of Delivery a 0 5. Received By: (Print Name) 8. Addressee's Address my if requested and fee is paid) w r ` 6. Signat ✓ : (Addresse or gent) x - rZ-- H PS Form 3811, December 1994 102595-98-B-0229 Domestic Return Receipt S CCM J O2 _V O C at1 m LL m� 3 N a (j) y'n C.) i%c a� �� ai a> m—yam am ti m m_ a rn O n _Z �v ._u m a o _n ¢o d� ao CL m E a O O a�i � Cr Z 0 � in a o aLi U a� rn H ¢ 0 y ¢ 3 o H ti a° S661 I!�dd'008£ WJO=I Sd Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. 2. 3. MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT The applicant is the owner other x (Check one) APPLICANT: J-trry K111 OCCUPANT: (if different) MARSH & LEGGE LAND J NAME: SURVEYORS, P.L.C. NAME: N/A ADDRESS 560 North Loudoun St. ADDRESS: Winchester, VA 22601 TELEPHONE: 540/ 667 -0468 TELEPHONE: The property is located at (give exact directions and include State Route numbers): Cul-de-sac of Orion Court at Briarwood Subdivision, lying on the east side of Greenwood Road north of Greenwood Fire Hall. The subject dwelling is No. 109 Orion Court, Winchester, VA, 22602. 4. The property has a road frontage of 79_5 feet and a depth of l,3F_5 feet and consists of 0_�7 acres. (please be exact) 5. The property is owned by as evidenced by XJg�f* Aigq p reco ed (previous owner) ,. in deed book no.gUh on page im of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. RECEIVE[ MAY 0 41999 DEPT, OF PLANNINGIDEVELOPMENT Page 2 of 5 6. Magisterial District: Stonewall 7. 14-Digit Property Identification No.: 55J-1-1-13 8. The existing zoning of the.property is: RP 9. The existing use of the property is: Residential 10. Adjoining Property: USE ZONING North Residential RP East Residential RP South Residential RP West Residential RP 11. Describe the variance sought in iterms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") A 3.2' front yard variance for a front porch extending the length of the house. 12. List specific reasons) 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 The lot fronts on a cul-de-sac and the front property line is an Arc. The main structure does not encroach. A front porch was added and a portion encroaches into the Arc curve of the setback line. 13. Additional comments, if any 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 notifd by mail of this application: NAME Marlon A. and Cynthia D. Coffe Property ID# 55 J - ] -1-12 NAME SHIHO, Inc. Property ID# 55J-1-1-14 Address 107 Orion Court Winchester, VA 22602 Address Post Office Box 3276 Winchester, VA 22604 NAME James C. and Rosemary Sites Address 104 Orion Court Winchester, VA 22602 Property ID# 55J-1-1-15 Z7/ ) C NAME SHIHO, Inc. Address Post Office Box 3276 Winchester, VA 22604 Property ID# 55J-1-1-16 NAME Bettie E. Winslow Property ID# 55-A-184 NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# Address 711 G'raPnwood Road Winchester, VA 22602 Address Address Address Address Address Page 5 of 5 AGREEMENT VARIANCE # 0)'19. 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. MARSH & LEGGE LAND SURVEYORS, P.L.C. SIGNATURE OF APPLICANT By S t W. Marsh, L.S. t SIGNATURE OF WNERZ-'J (if other than applicant BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE - DATE May 3, 1999 DATE ' - --q q ACTION: APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: IRS Ql j �S3 r� m h N (y, c, Z� i Al 487 713, LOT 13 16,012SOFT 41.5' m 7 A ELECTRIC TRANSFORMER IRS T�-TELEPHONi ER BOX 31 8' IRS c EX. SANI TAR Y SEWER EASEMENT i" RISER BOX \ FL OOD NO TE.- ZONE.- C COMMUNITY NO.: 51006J PANEL: 0115 B DA TE• 07-17-78 / n T -f '? :_V/ /'e- CUR Vf- TABLE No. RADIUS ARC I TAN CHORD BEARING DEL TA Cl 55.00' 40.81 ' 21. J9' J9.88' S 62 59'Jl " E 42 30'40" C2 J00.00' J8.70'1 19.J8' J8.68' S 8756J6" E 072J'JO" NO TES.- /K/- 1. NO 177LE REPORT FURNISHED. 2. PROPERTY IDEN77RCA 17ON NO. 55F-1-1-1J. J. EASEMENTS OTHER THAN SHOWN MA Y EXIST. 4. IRF - IRON ROD FOUND IRS - IRON ROD SET BRL - BUILDING RESTRIC77ON LINE 5. DEED OF DEDICA 770N RECORDED IN DEED BOOK 906 AT PAGE 1JO. 6. THIS LOT IS SUBJECT TO A 20' SLOPE & DRAINAGE EASEMENT ALONG ORION CT AND A 10' U77LITY & DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. ID 0282 SURVEYOR'S CER17RCA TE I HEREBY CERTIFY THA T THE INFORMA 77ON SHOWN ON THIS PLAT IS BASED ON AN AC7UAL FIELD SURVEY MADE UNDER MY SUPERVISION ON APRIL 14, 1999 AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. HOUSE LOCH TION SURVEY ON LOT 13 BRIAR WOOD ES TA TES DEED BOOK 906 PAGE 09 STONEWALL MAGISTERIAL DIS7RICT FREDERICK COUNTY, WRGIN/A DA 7F• APRIL 19, 1999 SCALE- 1 "-25' ��LTH OF Dr Gl O � Douglas C. Le ge No. 001197 LAND SURv��o4 MARSH & LEGGE 560 NORTH UDOUN STREET WINCHESTER, VIRGINIA Land Surveyors, P.L. C. PHONEFAX (540) 667-0469 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 l 1 MICAtI JAI OF PJ�3L !C .11EA;1UNi G June 7, 1999 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #02-99 OF KING' S PLUMBING & HEATING On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, June 15, 1999, 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 Variance Application #02799 of King's Plumbing & Heating, submitted by Marsh & Legge Land Surveyors, P.L.C., for a 3.2-foot front yard setback variance for a front porch. This property is located at 109 Orion Court, and is identified with Property Identification Number 55J-1-1-13 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 approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, QN4WIlko- Christopher M. Mohn Planner II CMM/cc O: W gendas\BZA\ADJOINE R\King's.bza 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, rginia: Ms. Helen Hall Marsh & Legge 560 N. Loudoun Street Winchester, VA 22601 55J-1-1-12 Marlon & Cynthia Coffey 107 Orion Court Winchester, VA 22602 55J-1-1-14, 55J-1-1-16 SHIHO, Inc. P.O. Box 2715 Winchester, VA 22604 55-A-184 Bettie E. Winslow 711 Greenwood Road Winchester, VA 22602 Mr. Jerry King King's Plumbing & Heating 109 Orion Court Winchester, VA 22602 Christop M. Mohn, Planner H Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, l a Notary Public in and for the State and County aforesaid, do hereby certify that Christopher M. Mohn, Planner II, for the Department of Planning and Development, whose name is signed to the foregoing, dated to • 7 . q Cj , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this l+h day of 3LAne My commission expires on �e (aCLA ARY PUBLIC 5� BH9HM 130 HIS DEED OF DEDICATION, made and dated this —day of Ma }, 1998, by and between SHIHO, INC., a Virginia corporation, party of 01- fire pa , and FREDERICK COUNTY, VIRGINIA, party of the second part, WHEREAS, the party of the first pan is the owner in fee simple of the real estate shown on the attached plats drawn by P. Duane Brown, L.S., dated December 5, 1997, revised December 11, 1997, known as Briarwood Estates, Section 1, conveyed to Shiho, Inc. by deed dated July 18, 1997 of record in the Clerk's Office of the Circuit Court of Frederick Couni;, Virginia in Deed Book 883 at page 1289; WHEREAS, said real estate, as shown on the aforesaid attached plats, has been subdivided into lots, which plats show the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and those certain drainage and open space easements, and easements reserved for installation and maintenance of water and sewer facilities for said lots. NOW, THEREFORE, THIS DEED OFDEDICATION IWITNESSETH: That in consideration of the premises and the benefits which will accrue by reason of this dedication, th>yarty of the first part does hereby subdivide that certain tract of land. destgnated7as Briarwood Estates, Section 1, situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plats of P. Duane Brown, L.S., dated December 5, 1997, attached hereto and made a part hereof and by this reference incorporated herein as if set out in full; and does hereby dedicate the streets and roadways shown thereon to Frederick County for public use. HOME OWNER'S ASSOCIATION MATTERS DEFINITIONS Section 1. "Association" shall mean and refer to Briarwood Estates Homeowner's Association, a nonstock Virginia corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to the real property described in the Briarwood Estates Final Development Master Plan and such additions thereto as may hereafter be brought within the jurisdiction of the corporation, and shall not be limited to Section 1 as shown on the attached plats. Section 3. "Lot' shall mean and refer to any of the lots designated upon the plats of Briarwood Estates, with the exception of the open space(s) and buffer area(s). l Section 4. "Member" shall mean and refer to every person or entity who holds membership in the association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more person or entities, of a fee simple title to any lot which is a pan of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Shiho, Inc., its successors and assigns. MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants of record to assessments by the association, including E1(906PC0131 contract sellers, shall he a member of the association. When more than one person holds such interest in any lot, all such persons shall be members. (The foregoing is not intended tc include persons or entities who hold an interest merely as security for the per(ormince of an obligation) Membership shall be appurtenant to and may not be separ-ted from ownership of any lot which is subject to assessment by the association. Ownership of such lot shall be the sole qualification for membership. VOTING RIGHTS Each member of the association shall have one vote for each lot owned, but in no event shall more than one vote be cast with respect to any one lot. The vote for such 1.,t shall be exercised as the owners determine among themselves. BOARD OFDIRECTORS The affairs of the association shall be managed by a board of not less than three, but no more than nine directors, who must be members of the association. The initial board, 1. directors shall be appointed by the party of the first part herein, and serve until .the a ' -annual meeting (ottowing conveyance of -the first ka in the -properties; thereafter the directors shall be elected by the membership as determined in the bylaws of the ` .. PROPERTYRIGHTSINCOMMON PROPERTIES Section 1. Member's Easements of Enjoy: Every member shall have a 'd easement of enjoyment in and to the open space(s), specifically including but not Gtnt Inlaw the rights of ingress and egress across the aforesaid open space(s) and such easement shanrlQ appurtenant to and shall pass with the title to every assessed lot, subject to the following provisions: (a) The rights of the association, in accordance with its articles and bylaws, to borrow money for the purpose of improving the open space(s) and in aid thereof to mortgage the property. The rights of such mortgagee in the properties shall be subordinate to the rights of the homeowners hereunder. Approval of at least sixty-seven percent of the membership, excluding the Declarant, is required to mortgage or encumber the open space(s). (b) The rights of the association to suspend the voting rights and the right to use the open space(s) by a member for any period during which any assessment against his lot remains unpaid; and for a period not to exceed thirty days for any infraction of its published rules and regulations. (c) The rights of the association to dedicate or transfer all or part of the open space(s) to any public agency, authority, or utility for such purposes and subject to :uch conditions as may be agreed to by not less that sixty-seven percent of the members, excluding the Declarant. No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast two-thirds of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than twenty-five days nor more than fifty days in advance. (d) In the event the association is dissolved, the assets shall be dedicated to a public body, or conveyed to a nonprofit organization with similar purposes. DR906PG0132 (e) If ingress or egress to any residence is through the open space( sl, any conveyance or encumbrance of such area shall be subject to the lot owner's casement. Section 2. Deleeation of Use: Any member may delegate, in accordance with the bylaws, his right of enjoyment to the open space(s) to the members of his family, his tenants, or contract purchasers svho reside on the property. Section 3. Titl, (,) the Open Space(s): The Declarant hereby covenants for its heirs and assigns, that it will convey fee simple title to the open space(s) to the association, free and clear of all encumbrances, prior to the U.S. Department of Housing and Urban Development's insuring the first mortgage or deed of trust in the development. COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION Section 1. Assessments: The Declarant, for each lot owned within the prop hereby covenants, and each owner of any lot by acceptance of a deed therefor, wheth it shall be so expressed in any such deed or other conveyance, is deemed to covenan to pay to the association (1) annual assessments or charges,, and (2) Spec' capital improvements, such assessments to be fixed, established, and coil time as hereinafter provided. The annual assessments and special assess such interest thereon and costs of collection thereof, as hereinafter previ on the land and shall be a continuing lien upon the property against X assessment is made. Each such assessment, together with such in-.etcst, cost attorney's fee, shall also be the personal obligation of the person who was the o property at the time when the assessment fee was due. The personal obligation sh to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments: The assessments levied by the association shall`W used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the properties and, in particular, for the improvement and maintenance of the properties, payment of real estate taxes, repairs, snow removal, and service and facilities devoted to this purpose and related to the use of and enjoyment of the open space(s). Section 3. Basis and Maximum of Annual Assessments: Until January 1, 19", the maximum assessment for 1998 shall be $50.00 per lot. (a) From and after January 1, 1999, the maximum annual assessment per lot may be increased above that set forth hereinabove by a vote of the members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of two-thirds of the votes of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty days nor more than sixty days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the association is authorized to participate under its articles of incorporation. (b) After consideration of current maintenance costs and future needs of the association, the board of directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. SpScial Assessments for Capital Improvements: In addition to the annual BH906,OG0133 assessments authorized above, the association may levy in any assessment y-car a special assessment applicable to that year only, for the purpose of defraying, in whole or in pan, the cost of any construction or reconstruction, unexpected repair or replacemt. ; ' a ,:•scribed capital improvement upon the or -en space(s), including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all menilxrs not less than thirty drys nor more than sixty days in advance of the meeting, setting forth the purpose of the meetinv Section 5. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all Lots, and may , collected on a monthly basis. Section 6. Quorum for any Action Authorit, Under Sections 3 and 4: At the first meeting called, as provided in Section 3 and 4, tl:- presence at the meeting of members or of proxies entitled to cast 67% of all votes shall cons,itute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty days following the prior meeting. - Sectiott-7. Date of Commencement of Annual Assessmerits- -Due-Date: The annual assessments shall begin as to all lots on the first day of the month following the conveyance of the open space(s). The first annual assessment shall be adjusted. according to the number of months remaining in the calendar year. The board of directors shall fix the amount of the annual assessment against each lot at least thirty days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the board of directors. The association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the association, setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thirty days after the due date, the assessment shall bear interest from the date of delinquency at the rate of 12% per annum, and the association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. Interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the open space(s) or abandonment of his lot. Section 9. Subordination of the Lien to Morteaees: The lien of the assessments provided for herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any lot. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. Section 10. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein: (a) the open space(s); (b) all properties dedicated to and accepted by a local public authority; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. BK906PGO134 Section 11. Failure to Maintain Open Space(s): In the event that the association, or its successors, shall fail to maintain the open space(s) in reasonable order and condition, the County of Frederick may take such action as authorized by the r-rederick C—Int- Zoning Ordinance. The Frederick County Zoning Ordinance is by this reference made a pan hereof as if set out in full. GENERAL SUBDIVISION MATTERS RESTRICTIONS AND COVENANTS All of the lots shown on the plats attached hereto shall be subject to the following restrictions and covenants which are covenants running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. The lots shall be used exclusively .for residential purposes. No business or occupation of any kind other than a "home occupation" shall be carried on or permitted upon these lots. A "home occupation" is defined to be an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one -is employed other than members of the family residing on the premises. No building shall be erected, altered, placed or permitted to remain on any lot other than one single-family detached dwelling, garage and other approved structures for use solely by the occupants. Except for those related to real estate sales and construction, no sign, advertisement or message other than for identification purposes only shall be displayed or published which offers or implies commercial or professional services, or which may constitute any other kind of business solicitation in or from any residence or residential property. Notwithstanding the foregoing, Shiho, Inc. or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Shiho, Inc. or its successors in interest. 2. No clothing, laundry, or wash shall be aired or dried at any time on the open space easements, as set forth below, nor on any portion of the lots in any area other than in the rear yard of the lots. 3. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done or placed thereon which may become an annoyance or nuisance to the neighborhood. Owners shall at all times maintain their property and all appurtenance thereto in good repair and in a state of neat appearance. All lawn areas shall be kept mowed and shall not be permitted to grow beyond a reasonable height. 4. No sign of any kind that is illuminated and/or larger than two square feet shall be displayed to the public view on any lot, except temporary real estate signs not more than four square feet in area advertising the property for sale or rent, and except as provided herein. 5. No animals shall be kept or maintained on any lot except common household pets such as dogs and cats, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding lots nor the neighborhood and are in strict compliance with applicable Frederick County ordinances. 6. Trash and garbage containers shall not be permitted to remain in public view except BK90GPr,O135 I on days of trash collection. No accumulation or storage of litter, new or used building materials, or trash of an), kind shall be permitted on any lot. �i I it 7. The exterior of all structures, including walls, doors, Windows and roofs, shall be kept tr good maintenance and repair. No structure shall be permuted to stand with its exterior in an. unfinished condition for longer than six months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of no structure shall be permitted to remain in a damaged condition fnr longer than three months. 8. No single story dwelling (including but not limited to ramblers, ranches, and above- ground levels of multi -level homes) shall be erected upon said lot shown on the attached plats which shall contain less than 1,400 square feet of finished floor area. No multiple story dwelling shall contain less than 900 square feet of ground floor area.. Such areas shall be exclusive of porches, patios, carports, basements, and attics. Any garage, carport or car shelter constructed on said lots shall be attached to and be a part of the main structure. Shiho, Inc. reserves for itself and its successors in interest the right to determine what structure is to be regarded as a two-story dwelling so long as any lot in the subdivision is unsold. Split foyer and Cape Cod style dwellings shall contain not less than 1,000 square feet on the main living area. All residential structures must be at least 26 feet wide across the front elevation, and shall have a minimum roof pitch of 5112. 9. No lot on the attached plats shall at any time be subdivided, conveyed, leased, nor sold except as a whole, unless such subdivision, conveyance, lease or sale involves multiple lots so that each of the portions into which the lots are divided for the purpose of subdivision, conveyance, lease or sale results in the lots being created for the purpose of such subdivision, conveyance, lease or sale, as well as each of the lots remaining after such subdivision, conveyance, lease or sale, being of a size larger than the lots as shown on the plats which is recorded with this instrument. Shiho, Inc., however, for itself and its successors in interest, reserves the right to resubdivide any of the lots shown on the attached plats and to alter, amend and change any lot lines or subdivisio:: plan so long as it owns any of said lots. 10. No fence, hedge or other visual barrier shall be erected or planted in the front yard of any lot shown on the attached plats, and no tree, hedge, or shrub planting shall be maintained anywhere on any lot in such a manner as to obstruct sight lines for vehicular traffic. Fencing of back yards may include side yards to a limit of one-half the depth of each dwelling only. Any fence or wall built on any lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. No fence shall exceed six feet (6') in height. 11. No junk vehicles, recreational vehicles, house trailers, or commercial industrial vehicles, such as (but not limited to) moving vans, trucks, tractors, trailers, vans, wreckers, hearses, buses, boats, boating equipment, travel trailers, or camping equipment shall be regularly or habitually parked on any public streets within Briarwood Estates Section 1, or otherwise parked within the boundaries of the subdivision. No vehicle may be parked for a period greater than sixty days on any Int or on any platted street as shown on the attached plats unless such vehicle bears a currently valid Virginia vehicle inspection windshield sticker. Notwithstanding the foregoing, Shiho, Inc. or its successors in interest may, for a period not to exceed two years from the date of this instrument, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the property and on or in any building or structure now or hereafter erected thereon while owned by Shiho, Inc. or its successors in interest. 12. The provisions of Paragraphs 4, 6, 7, 10, and 11 shall not apply to the construction or development of improvements on any lot by Shiho, Inc. or its successors in interest, BK906PGO136 commencing within two years from the date of submission of said lot to these restrictive covenants. 13. Any leas` or rental agreement must be for a period of at (cast thirty days and must be subject to the rules and regulations set forth in these restrictive covenants. 14. All lots are required to observe building restriction lines as indicated on the plats attached hereto (minimum setback from front, 35 ; from sides, 10'; from rear, 25'), in addition to those requirements of applicable Frederick County ordinances. No structures .te permitted within the Road Efficiency Buffer, which requires screening, all as indicated on said plats. 15. Shiho, Inc. reserves the right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, or restrictions as to any or all lots, except that it cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, restrictions, and conditions upon any other lots. Shiho, Inc: does further reserve the right for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions.on any or all lots and such imposition shall not affect the binding effect of these provisions upon any other lots. 16. Any Briarwood Estates, Section 1, homeowner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, covenants, and conditions now or hereafter imposed by the provisions of this deed. Failure by any homeowner to enforce any right, restriction, provision, condition, or covenant granted by this deed and declaration shall not constitute a waiver of the right of such homeowner to enforce such right, restriction, provision, condition, or cove :ant in the future. 17. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. OTHER MATTERS 1. The property dedicated hereby is subject to certain easements designated "Sanitary Sewer Easement," Water Easement," "C&P Telephone Co. Easement," "Potomac Edison Co. Easement," "Allegheny Power Co. Easement," and Shenandoah Gas Co. Easement" as indicated on said attached plats, which easements are hereby dedicated for public use and access. Shiho, Inc. does hereby grant and convey unto the Frederick County Sanitation Authority perpetual easements for the installation and maintenance of water and sewer lines and any related facility on the easements designated on said plats as Sanitary Sewer Easements and Water Easements. 2. The property dedicated hereby is subject to those certain easements or rights of way designated "Drainage Easement" on the aforesaid attached plats for the purpose of surface water drainage easement, which easements are hereby dedicated for public use and access. No structures of any kind which substantially impede or obstruct the flow or ponding of surface drainage water may be placed within said surface water drainage easements designated on the aforesaid attached plats. Said surface water drainage easements may not be altered or modified without the prior consent of the County of Frederick, and Shiho, Inc. does hereby grant and convey unto the County of Frederick a perpetual right of way or easement over the aforesaid designated surface drainage easements for the purpose of so providing surface drainage. Shiho, OK936aGO137 Inc. does further agree that Frederick County shall be under no obligation to maintain said drainage easements. No owner of any lot shall interfere with the natural drainage of surface eater from such lot to the detriment of any other property shown on said plats. 3. All lots are subject to a 20' Slope and Drainage Easement along all rights -of -way and a 10' Utility and Drainage Easement along all property boundary line,. Shiho, Inc. reserves unto itself, its successors or assigns, the right to erect, maintain, operate and rep: r underground and above ground telephone and electric light conduits, related equipment, and other facilities, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment ar: now located and along said 10' Utility Easements on each lot and along those areas intended for public access on the attached piats. In addition, there shall be Service Easements for each lot for all public utilities upon an), of the lots shown which shall exist at the location of such utilities at the date each lot is conveyed. or shall be located as such utilities are actually extended to the individual lot after the call for connection by *the Ict owner. 4. Lot 1 is subject to a Sign Easement as shown on said plat. 5. Access to Lot I and Lot 20 shall be restricted to Farmington Boulev1.ard. Access to Lots 5 and 8 shall be restricted to Holbrook Drive. Access to Lots 9 and 17 shall be restricted to Orion Court. 6. Individual site plans are required for Lots 1, 2, 7, 8, 9, 12 and 13 prior to issuance of building permits. 7. The covenants• and restrictions of this deed shall run with and bind the land, and shall inure to the benefit of and be enforceable by the owner of any lot subject to this deed and declaration, his legal representatives, heirs, successors and assigns, for a term of ten years from the date this deed and declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten years. The covenants and restriction so this deed and declaration may be amended in whole or in part, provided that any such amendment during the first ten-year period shall have the assent of not less than seventy-five percent of the lot owners, and thereafter any amendment shall have the assent of no less than sixty-seven percent of the lot owners. Any amendment must be property executed and acknowledged by the lot owners and recorded among the land records of Frederick County, Virginia. Bold face type is for convenience only, and shall not enlarge or restrict any matters set forth in this instrument. The platting and dedication of the herein described land is made in accordance with the statutes made and provided in such cases, and is with the free consent and in accordance with the desire of Shiho, Inc., sole owner and proprietor of the land embraced within the bounds of said subdivision, as evidenced by the signature of its president. WITNESS the following signature and seal on behalf of Shiho, [SEAL) IDAY, President BK906PG0138 STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this C3R� day of May, 1998, by David B. Holliday, who is President of Shiho, Inc., a Virginia corporation, on behalf of the corporation. 6m) Hov ARY PUBLIC FOR THE STATE OF VIRGINIA My commission expires: �elJt U(�rU ae. igg9 9 8K906PG0139 Final Pla! Briarwood ,states Stonewall Magisterial District 77 Frederick County, Vir inia Gt 11- .:, L �P i� •t • i _ �1 I - O •tea �` �• ;� _. _ � - • Vlclntt7 Ifa =�/ •� 4 I; (�P A VED Y Frederkk County Sonitotkxr Authority G Date `� ' 7- 98 Planning Commission Date Subdivision Administrator Date"ZPi��lt� Va. Dept. of Tronsportatlon t / Date 7 iCt OWNER'S CERTIFICATE The above and foregoing subdivision of land, as appears in the ompaning plots. is with the free consent and in accordance with the desires o undersigned owners, propriet s. nd tr stees, it y. ' Date NOTA PUBLIC 1, a Notary Public in and for the State of Virginia, at large, do certify that whose names are signed to the foregoing Owner's Certificate, have ocknowl d�gyed� the some before me in my state. Given under my hand this day o ----• 1998. My commission expires SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is the some land that was conveyed to Shiho, Inc. by deed dated bly 18, 1997 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 883 at Page 1289 (fie area is described as containing 10.000 acres and is shown, in Deed Book 66J at Page 575. extending to the centerline of Greenwood Rood). op P. Duane Brown, L.S. The property represented herein is DUANE ry shown on Frederick County Tax Atop 55 ((A)) as Parcel 181 rp, 0 v�P. DATE: MAY 5, 1998 COVER SHEETI FILE/: "707pREPT DwC' N(1 1285 yWert w. cilftard i anodatea. Inc SHEET Hwy S,/ffs ENC?IEM - LAND PLANNERS - SURVEYORS 1 �740 1e0-c OM aemovkh QrM 2rb wren Cwmr SWO OF ft"** Wj' Wo 22401 MrOrwOr. M' 32W 8 (544) aK-Y115 QK906i,G0140 Curve Table CURVE RA01U5 I LENGTH J TANGENT I CHORD I BEARING I DELTA 1 12509 70' 58 06' '9.03' 58 06' N 36'25 3I' E 00'15'57 2 400 00' 174 56' 88.69' 17J 18' S 65 56'38' F 15V0 14 3 400.00' 228.85' 117.65 225.74' S 62 V3 20' E 32'46'50" 4 400.00' 65.2J' 32.69' 65. W S 5020 13' £ 0920 36 5 2" 00' 34.4C 17.23' 34.39' N 3122'50' E 071J'18" 5A J2700' 977 4.88' 9.76 N 3T !' 0" '40" 6 275, 00' 291 63' 16L 22 278. 16 S 6522 19 W 60'45 40 7 12519.70' 59.32 29.65' 59.32 N 362511 E 0016'17 8 J70.00' 96.30 48. 42' 96 03 1 N 60'53 53 W 1454 44' 9 J70 00' 65. 17' 32.67 65.08 N 7324 00 W 10V5 30 10 430.00 1!9 43 9.72 19.4J IN 77V9'05W 023510 11 430.00' 74 07' 17.13 73.98 N 70'55'20 W 0952 10 -t2__. 430.00' 73.99' 37.08' 7J.89_-_M-6J-Wa0 W 095130 13 4JO.00 78.53 39.37 78.42' N 5053'50 W 107750 14 J70.00 24.94' 12.47 24.93 N 4735 47 W 0351 43 15 J5. 00 58.33 38.52 51 81 S 82'4356 W 7578 53 16 246.00' 3101' 15.52' 30.99' S 3172'50' W O7f318 17 354.00' 10.54' 5 27' 10.54' S 28 J771' W _ O! s 18 300.00 8.99 14.50 8.99 N 28 37 4? £ 01 '43 02 19 7. 1' 15 9j, 377 ' N ' F 7 20 35.00' 54.98' 35.00' 49.50' N IOVO'31' W 90 V0"00" 21 35.00' 54.98' J5.00' 49.50' N 795979 E 90V000 12 300.00 64.0 3z m 64. 38' N 41 09T04 " E 12'19 10 23 300.00 71.65' 35.99 71.48 N 54 V9'09 £ 13'41 00 24 J00.00 71.65' 35.99' 71.48' N 6750 09 £ 13 41 00 25 J00.00 71.65' 35.99' 71.48' N 8131 09 E 13'41 00 26 300.00' J8.70 19.38 38.68 S 8756 J6 E 0773 30 27 55.00 40.81 ' 21.39 J9.88 S 6259 31 E 4? 30 40 28 55.00' 48.89' 26.19 47.30 5 1676 r6 E 5055 50 29 55.00 6J.37' 35.73 59.93 S 427214 W 66107 10 30 55.00' 83.29 51.98 75.56 N 6174 06 W 86'46 09 31 25.00' 3718, 23.00' 33.85' N 6037*37' W 857J'11" 32 250. M' 68.60' 34. 62 68.59 S 68 52 4J W 15'46'08 J3 250.00 114.59' 58.32 113.5E S 4751 50 W 2675 40 34 35.00 52.56' 32.66 4776' S 08771E 86V2'33' 35 430.00 42. J6 11.20 42. J4 S 4879 14 E 0538 38 36 J70.00' 52.52' 26. J1 52.48 5 49'43 55 E 08V8 00 37 370 00' 159 16' 80 83 157 9 4 ' S 66 V 7 20 E 24 38 50 J8 430.00 89.64' 44 98 e9 48' 5 7228 25 E /156 40 39 4JO. 00 9801, 49 22 97 80 S 595E 18 E 13 V3 34 Area Summary Area in Lots 78587 Acres Area in R/W 1 9357 Acres TOTAL AREA SUBDIVOED 9.7944 Acres Number of Lots 10 Average lot Size 17,116 Sq. Ft. lndividuol site plans are requi•eA for lots r. 2, 7, 8• 9• 12 and 13 prior to issuance of building permit per Frederick County Inspections and/or Frederick County Public Works. EXISTING ZONING: RP EXISTING USE.- VACANT �TS C�p D P. DUANE UBROWN > NO. 1285 Hoy 5� /998 SVR`�y Final Plat Briarwood Estates Stonewall Magisterial District Frederick County, Virginia DATE: 1AAr 5, 1cg8 CURVE TABLE FlLE/ "?^?QREPTDWG" gAkwt w. dlftord h assoc)atm inc- SHEET ENpNE7t5 - LAND PLANNERS - SURVEYORS 1!O-C CIM QrwW"P h DAY+ 370 M-V% CA"wm Shrl CF rreewf�ra V%gb 224M W%,d>wtw Npmb z2m (S�0) �-?119 (Sra) 667-ZI38 BK906PGO141 EUGENE F. dr BARBARA L. CROVE ZONED: RA USE. ACR/CULTURAL 08 498 P 470 S 60 J5 23' E to* 665. 71 ' to 95'82 ; 77. 60 78. 70 79. 9 iT to �,EZE- 74(7 rx-,- r----1 � 1 1, (AL R/W) bB J74 P24.Z l I- 1 Lj 1' �11 T 15' EX. CAST EW'T t ' `%OB E758 P J571. CQ fSY'T (31 I 131 I I; DB M4 P 7613 ^I T 4 13 I^I LOT 3 LO �I LOT 2 I� rnl 17,162 SF IN ^I 16, 783 SF IN i� 1 W LOT l I� ^_I 18,619 SF I I IN) I f gI � , %126,952 SFJo,[ ICI I I I I I� v P-AISJX52'15'WI I IS24-00.45'WI L 3500' J r I IS14*08'35'WI I 35.0 J 35.00' L ►`�°° �� fS2138 45'W sE1tQ? E (_r . N2610 E' ti O J 4n 0 S 532 1- E" 1Q24' FAS 4500. I LOT 18 ( i _ _ LOT 19 S£E SNEfT 8 OF 8 ►— LOT 20 1.No structures ore permitted within the Rood Efficiency Buffer MIMMUM SETBACK REOWREMENTS 2.A11 lots are subject to a 2Slope k r Easement FRONT . 35' along all rights -of -way andd o 10' Utility ily & Drainage � 10' Easement along all property lines. 510E REAR 3. Lot 1 shall access Farmington Boulevord. 4. 50' Rood EH. Buller requires screening per Frederick Co. Code, Ch.165 Sec. 165-37.E3 Final Flat THQPN,-11tBriarwood Estates Stonewall Magisterial District Frederick County. Virginia P. DUANE .Z O BROVN NEi. 1285 Her 3 / DATE: MAY 5. 1998 1 SCALE: 1" - 60' ' FILE/: '7070REPT DWG' I glbert el. dlHord & aesoofotee, k - tS - LAND PLANNERS BURVEYORS ewe,tr..t SHEET left-C t1w Oeeeelrtt 1124 eMr�ers�. » �n Me22401 22" 3a. �yeol es7-tue t5101 NW-2115 O JO 60 120 OF 8 BK90611`60142 EUGENE F. k BARBARA L. GROVE ZONED. RA USE: ACRICULTURAL Q Q D8 498 P 470 4 r> o Ix rr6OJ523' E 665.71' K393'-130.38Q1 Q, I I 64 �N�o I -- LOT 6 I o �! -- oil I _ LOT 7 lu 15. 051 SF i °1 ~ ;,� i — j ,- 4 L I I ~ � •- °' a �\1 12' WATER ES;t17 L s 603s_'2__YrJ ,vim a �.— L_ J1: 142.15rn b N 2 1 N 60 35 23 W 1 /. c.lo i------ i a 2 q "1 122.05`Wpi 2 I LOT 5 16.351 SF q I csl -_ O I SAN. SENER £S I17 I b1 '`f� I LOT 8 t i �t �li�r�j W � 15.260 SF I��►.�� W N 33"52'15 E' ; __ °j 4+ N �i f I to 35. 00' 7& 4' _ Q. S SS�i1 - FARyINCTON BOUr"ARD 60' o �' R/11' v, LOT 17 �� LOT 9 SEE -WffT 5 8 MINIMUM SETBACK REOUIREMENTS 1. AN lots are subject to a 20' Slope & Drainage Easement FRONT - 35' along all rights —of —way and a 10' Utility & Droinoge SIDE 10' Easement along all property Ines. REAR 25' 2 lots 5 and 8 shall access Goldenrod Road. 5/11/98 CHANGED HOLBROOK DR. TO GOLDENROD RD. TS aF r� P. DUANE ry BROWN NO. 1285 Ney Final Plat Briarwood Estates Stonewall Magisterial District Frederick County. Virginia I DATE MAY 5. 1998 1 SCALE: 1' - 60' 1 FILE#-7070REPT OWG' albart r. di ford & oslaodotw. he. LAND WARS - SURWIM it10-C 01/0 Grewm tdo orN. Too Mores callwun foal SHEET FrMwfe:lWS Vlr* 22401 mot 4 (540) as-2115 O JO 60 120 ( aT -2134 OF 8 BK9MA 143 I� LOT5 SEE -SHEET 4OF8 I �— LOT 8 -ON BOt1LEyARD h 0 30.00' .� — 15— 45V 0-i1 " E h 425'—i O op 15' WTI TER �.�,� t-' _..a',_ � ter,. �-^_•+✓��_. 1. y o NI w_, I LOT 17 1 i i 20'► ter' LOT 9 I 1 5,410 SF / h , 1 15,016 SF 1 ;� 15' WATER ESU'T N (� 1 LOT 16 6 ' in I ' � 1 / N 4, , 1 1►. i I i LOT 10 15,159 SF I I o %N�; o cn V LOT it SEE SWEET 6 OF 8 1. AN lots ore subject to a 20' Slope & Drainage Easement along as rights—of—woy and a to' Utility h Oro"* Easement along all property lines. 2. Cols 9 and 17 shot access Orion Court. MINIMUM SETBACK REQUIREMENTS FRONT = 35' SLOE 10' REAR = 25' W m O'K N �a Wcro 'K8N"K;; Cl W Final Flat riDRGVN OF Briarwood Estates r,Stonewall Magisterial District Frederick County. Virginia DLIANEx r OATE: MAY 5. 1998 SCALE: 1" = 60' FILE/: "707OREPT.OWC' s.+.+18.�..� w. dlfford 8l oNoolotM. km N0. 1285 srt - LAND PLAIMRS - SURVEYORS ♦f*y 5, /ffs tllo-C Coomkh tMt. 2co Nerth ce"" s1f..SHEET w a n.s.m�.4 vb o S2ea1 1w.d wb,. �y 221M 5 ��� stltr/E� (ice Ms-21115 0 JO 60 110 (W) 1911 7-2138 or 8 BK906PF30144 SEE SHEET 5 OF 8 ko LOT 16 / LOT /0 4 4� \ \ \.9 �?�. of 15' WA TER �6� J� EASEMENT \ \ < \ LOT 11 \� i� , \ 2J, 228 SF 13 ►� \ `�\ I .dam LOT 12 �y \ 20, 206 SFtp }V LOT 1J o �\ I Ll •W l\ \---------- 2.57' N 57'19'16' W 492 77' BE ME E. WNSL0W ZONED. RP USE.- R£90EN 11AL DB 416 P 645 MINIMUM SETBACK REQUIREMENTS AA lots are subject to a 20' Slope & DrainaEasement FRONT . SS' ge along ON �•{ghu_o1_voy and a to' Utility t Drainage SIDE IV Easement along oll property lines. REAR 25' r rP. DUANE •ROVN NO. 1P85 �Y 5' /fps t4COL Final Plat Briarwood Estates Stonewall Magisterial District Frederick County. Virginia DATE: MAY 5. 1998 SCALE: 1' - 6V FILE/: '707OR£PTDWC' w. dtfTord all ttsaoclatM k►— dvsrt - LAND PLANNERS - �5100114 Como" Wks" SHEET do 27eEs 6 t latalr-Etta°) rah -ate 9 30 60 1?0 d SEE SHEET 8 OF 8 SEE SHEET 5 Of' 8 LOT 18 LOT 17 LOT 20 LOT 19 ,OS' E �' LOT 16 �V/ 82.56 15,100 SF / 15 210 16 , ����l� s SAM. / ? I vukwr LOT 15 QI I 15,100 SFI Z / 0 I I o w N 01 I 20' WA7ER- o I EASE7IIENT�� op O � I '4.8, ray �— W LOT 12 w 10' 7O' SAN. SEVER' VP W LOT 14 EASEUDg -- 16,155 SF /' LOT 13 \\ N� 16,012 SF ' L - - - - - - - - J L-_ \ 3.62__ _19_3.79' N 5779'16" 9 492.77 — — BEME E. WNSLOW ZONED: RP USE.- RESIDEN77AL D8 416 P 645 MINIMUM SETBACK REOUIREMENTS AA lots are subject to a 20' Slope & Droinoge Easement FRONT - 35' Bong all rights —of —way and a 10' Utility k Drainage SIDE 10' Eosement dung oY properly tines. REAR 25' TE � r� P. Dl1ANE BROWN L) NO, 1285 yS q Final Plat Briarwood Estates Stonewall Magisterial District Frederick County. Virginia DATE: MAY 5. 1998 I SCALE: 1" - 60' 1 FILE/. "707OREPT DWG' l 91bert w. cU ford i aaocloteC Ina EWWEERB - LAND PLANNERS SINWYORS spa >weel SHEET fa.e.M^ + nea (UM "7-2130 OF (mil M�->rtfi Q J0 fJ0 110 I ol°il 1 I—(ALpN�R/1V) DB J744 PT242 1 � SEE SHEET 3 OF 8 I I 1 1 i L-Ex BT 0P AJCS EDISON CO £SU'r LOT 4 c LOT J il'�EX 20' WATER ESM'T. 1 1 D6784P476 LOT 2 -- — 1 1 .� I 1 � LOT 1 �r�.ofl N 60_RIW-- 1 _ 5J�6�1 E FA I ONSNIGG— -'' 15' WATER 3 EASEUENT �� O (r ' I-� i' Tf 15' SIVi '— — — — —�W r \\� \ 16,562 18E Jr a, CAS ca Esw T� 1 f`0 of LOT 19 LOT 20 L SF18,183 SFi1109 I'606O.00.$' 16 .91'85 LOT 16N 52104' — W 210.16' \ ' et o• BEME E. WNSLOW �I ZONED: RP >` USE. RESIDENTIAL N DB 416 P 645 I 2 1.No structures are permitted within the Rood Efficiency Buffer. 2-All lots ore subject to a 20' Slope k Drainage Easement along all rights -of -way and o 10' Utility k Drainage Easement along all property Ines. 3. lot 20 shop access Formington Boulevard. TH � r P. DUANE O BROVN NO. 1285 Hay s,/YfQ LOT 15 SEE SHEET 7 OF 8 MINIMUM SETBACK REQUIREMENTS FRONT - 35' SIDE 10' REAR 25' Final Plat Briarwood Estates Stonewall Magisterial District Frederick County, Virginia OATS: MAY 5. 1998 SCALE: 1' - 60' I FILE/: "707OREPT.DWG- gried .. cufford & oalmlate46 kw - EN S - LAND PLANNERS - SURVEYORS w su..t SHEET teo-C awe oneendoh Drive zve 8 Frderld.Mrs MV 224at (jt7) -r]i of (tlW) M�-21t5 0 JO 60 120 B V�1�� 11�lgGQfJIBf>n � i4MtgM�aotnowledpaeat lhereW annexed q Ax Mpo"d by See. ta.1 a02 of t , ad 66_1J01 hew been paw. / aeeelleable. CER"I TFD NLAMP May 3, 1999 Ding's Plumbing & Heating Attention: % ichard Ding .29078 Old Valley Strasburg, VA 22657 IE: Brianvood Estates, Lot 13 Permit #2283-98 Items outstanding for final inspection and 'lertiflcate of Occupancy Dear BAx. King: COUNTY of FREDERICK Inspections Department John S. Trcnary, Building Official 703/665-5656 Fax:.703/678-0632 At this time the following violations shall be completed before a final Certificate of Occupancy can be issued: 1. Planning and zoning approval for structure located within the front setback. (Deport submitted on April 14, 1999 indicates 31'8" to front porch with a minin um allowed of 35'-Section 111.4 USBC Compliance with Site Plan) 2. engineer repot received indicating inspection approvals of footings, concrete wall, draintile, basement slab and garage slab. This report is incomplete and shall include the information required within the Frederick County Third Marty Inspection Policy. Item #4 Section B (enclosed) and Section 113.2 (1) USBC Inspections. 3. Double ban board on front deck has breaks not located over supports (CAB 502.4). Question about the proper. support of floor joist extending into brick veneer. T'ne end joists are only toe nailed. Please have your design professional evaluate this area for proper support and flashing. Section 113.2 (4) USBC Inspection of Structural Members and Fasteners Prior to Concealment. 4. Seal brick edges at.ah windows and coiner I -channels. Unprotected lumber shall not be exposed in these areas. CABO 703.1 9 1 d. Loudoun Street - Winchester, Virginia - 22601 Ming Letter Page 2 A reinspection of the exterior on April 29, 1999 confirmed that the draintile has been extended to the back of the lot and appears to be in compliance. Please resovle items #1 and #2 in order to obtain a temporary Certificate of Occupancy. Please be aware the above is subject -to appeal under Section 121 of the USBC. If you have any '56. questions please give me a call at (540) 665-56J JST/jao cc: Ed Strawsynder, Public Works Department Ruckman Engineering. Mike Ruddy,- Planning & Zoning/ file Sincerely, , U John S. Trenary, CPQ, Building Code OffiA RECEIVED MAY 0 41999 DEPT. OF PLANNINGIDEVELOPMENT .• TRW P,4,RTY ENSFECTION POLICY PA PE '�"��b'® 4 Documentation of Inspections - Reports and Forms A. All third party inspections shall be documented in writing and presented to the Building Code Official within five (5) calendar days after performing the inspection(s). B. Inspections shall be documented on a standardized progress form which shall include the following: —name of permit holder job location permit number —date of request —date of inspection —inspector's signature —type of inspection time in and out of site —weather and temperature property setbacks —corrections, if any Third party inspectors shall leave an approval sticker or correction order on the site consistent with approved procedures. C. Notices of violation, stop work orders, etc. shall be issued by the Building Code Official only. Third party inspectors may submit such reports to the Building Code Official for review action. All inspections shall be submitted and presented to the Building Code Official, or a designated agent, for review and acceptance. All third party inspections shall be considered final upon acceptance of the required reports by the Building Code Official if performed by an approved third party agency or inspector according to the intent of the Uniform Statewide Building Code.