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23-98 Gregory & Deborah Kloeppel - Backfile
Date: Variance Request Tracking Sheet: Board of zoning Appeals File opened Reference Manual updated/number assigned D-base updated 1/ 12 color location maps requested from GIS 1/ Two sets of labels requested from Data Processing sqr �• %•� B File given to Renee' to update bi-monthly report MEETING DATE: CLOSE OUT FILE: FINAL ACTION: APPItOVED z Approval (or denial) letter mailed to applicant/copy made for file / File stamped "approved"/"denied" or "withdrawn" Reference Manual updated D-base updated 9'- / �IFile given to Renee' for final update to bi-monthly report KAWP\CMN\CIG CR\TRACKING.BZA r SH 7E:CEIPT i . i� ..., ! '►1.4 ll .. f s ACCOUNT HOWHOW PAID ��0® NO Kloeppel Variance #023-98, Tern Drive COUNTY of FREDERICK i� Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Clerk Typist II SUBJECT: Return Of Sign Deposit DATE: . September 16, 1998 The amount of $25.00 was deposited in line item #10-911-08 for the person named below as a deposit for a sign for Variance Application #023-98, 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: RSA/kac Mr. Gregory Kloeppel 98 Penridge Court Lafayette, Indiana 47905 107 North Kent Street • Winchester, Virginia 22601-5000 �i ---� FILE COPS COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 September 18, 1998 Mr. and Mrs. Gregory Kloeppel 98 Penridge Court Lafayette, Indiana 47905 RE: VARIANCE #023-98 OF GREGORY AND DEBORAH KLOEPPEL, P.I.N. 75I-1-3-314 Dear Mr. and Mrs. Kloeppel: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of September 15, 1998. Your Variance Application, #023-98, was approved as requested for a four -inch side yard setback variance for an existing residence. This property is located at 108 Tern Avenue, and is identified with Property Identification Number 75I-1-3-314 in the Opequon Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Michael T. Ruddy Planner H MTR/cc cc: Bob Boden, Real Estate Agent Frederick County Inspections Dept. 0:44grn \B7AWPPR_DEN.L1R\kloeppeLapp 107 North Kent Street - Winchester, Virginia 22601-5000 BZA REVIEW DATE: 9/15/98 VARIANCE #023-98 GREGORY AND DEBORAH KLOEPPEL LOCATION: The property is located at 108 Tern Avenue. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 75I-1-3 -314 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance); Land use - Residential VARIANCE: Request for a four -inch side yard setback variance for an existing residence. REASON FOR VARIANCE: The addition of a garage in 1990 exceeds the allowable setbacks; variance is required before house can be sold. STAFF COMMENTS: Within the RP (Residential Performance) Zoning District, the side yard setback is 10 feet. The addition was constructed in 1990, prior to the implementation of setback survey standards, 9.8' feet away from the front property line, thus requiring the four -inch side yard setback variance. The implementation of setback survey standards will aid the prevention of similar situations in the future. It is staff belief that the fact that this building addition was constructed in violation of the setbacks should have been addressed at the time of construction and during the inspection process. This did not occur. Therefore, staff is of the opinion that this variance request meets the test for Board of Zoning Appeals as specified in Section 15.2-2309(2(b)(1), (2) and (3) of the Code of Virginia. Strict application of the Zoning Ordinance would produce an undue hardship; this hardship is not shared generally by other properties in the vicinity, and approval of the variance request will not have a detrimental impact on the adjoining properties or the Zoning District as a whole. STAFF RECOMMENDATION: Approval i • Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other . (Check one) 2. APPLICANT: NAME: 1 JP h ()Ca f� `1) Q dpt1 ADDRESSrn Avt Sil kerr Cl:h, VA-- a3GSS TELEPHONE : J `7 0 L q--73 S I OCCUPANT: (if different) NAME: NbbK KIot ADDRESS: TELEPHON� 1�(n�� �l�' - `��� � 3. The property is located at (give exact directions and include State Route numbers): I/ 3 « S� L� (u,/ \ 4. The property has a road frontage of q-Z % feet and a depth of 15 . SZ feet and consists of aarss. (please be exact) St 5. The property is owned by Gr/'0e as evidenced by deed from 'keeorded (previous o r) in deed book no. on page j j of the deed books of the Clerk of the Court for Frederick County, Attach a copy of the deed. O p �5« Page 2 of 5 6. Magisterial District: aea V`d 7. 14-Digit Property Identification No.: 8. The existing zoning of the property is: 9. The existing use of the property is: P , S , d p,1,3 ' 10. Adjoining Property: USE ZONING North East < < bc South West ti 11. Describe the variance sought in terms of distance and type`1\ (For example: "A 3.5' rear yard variance for an attached two car garage.") / In(� �Ide VGl/JI S2 1 Y�4c)C A) 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 13. Additional comments, if any 0 I-- - ---/ - ---- ----------- - ------- - a- r cez- bo- c,,k'LS Co I'A —A- -ID OKS VA-C66 1-1 - C-,Z-- - • 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 JQ rr u Property ID# -7� 1- I- T-ly n n Address 110 Tern � p h cn� /iye noe 3- 3 13 City, VC, . 81)(r,56 NAME 1() b I - i1 J . r eZ Property ID# -75 f - - ,3 - 1,5 Address "/70�o? /Uorth WQ.Sfern p►� Un Ct1, UG . a a&a3 NAME a P 11 Q °` �' ,'S 1 V(�-1 �(�r Address 'y 7 Teen hu-e Property ID# _7Sl " 1- .3 - 310 ap_p h en ,�) 04 - y , VA . j.* 55 NAME 4- 0 1 fl LO-A ddress I (q Torn l tL Property ID# 1-3- 310,1 6 fCPJL-'uo CL�y , 110 - a a0 55 NAME a - f-� � � monC Address 1 � W Von n� Property ID# -75 C - 3 - Z - 13 - 7 � �e.ph�,xo C� I YQ • c1�- 55 P NAME h 1-1 W Address 510 Tn-nCl qJr Of Property ID# 7S ' 3 - 2 - I ci- J �'1�'^ `�- VG . �o J� Property ID# NAME Property ID# NAME Property ID# NAME Property ID# Address Address Address RECEIVED c, N EEL E1N.4INQ Address .�.;` TE.S IS- TO CERTIYY THAT ON PEnR10T 12, 1992 I MADE AN ACCURATE. �7I Y OF THE PREMISES ✓n SHOWN HON AND THAT THF.R3, ARE 0 i:ASTYENTS; EREOld 7TS BLF ON M GROUND OTHER THAN T&OSE SHORN HEREON. THIS LOT DOES NOT PALL IN A ?LOOD HAZARD ZON"R. RECORD PLAT IS RECORDED IN DEED BOOK 686 AT PAGE 075. / L07- 147 5 22021'01"W 49.33 CPF- IPF _ __ __ ^ LOT 314 O orn T LOT 315 �N 12,000 SOFT. fC) DAVID M. FURSI'ENAU tltJ 1455 ` \ IPF SH I DECK 9'8' ED SPLIT FOYER rn BRICK 8 FRAME i ut 4892 o ' 1.7 OH J co STP a � a w � Cl 225.71' TO PC if IPF 1. RAVEN RD. N 16°10' 14"E 92.37' TERN AVENUE (50' WIDE) t_ 00 2 b'z /9L of co 10.6' It M 0 m I� Iz 1 IPF HOUSE LOCATION SURVEY FURSTENAU SUR1. ,11EM �G STEPHENS CITY, VIRGINIA 22655 LOT 314 SECTION 3 GREENBRIRR VILLAGE FREDERICK COUNTY, VIRGINIA DATE: FEBR.' 12. 1992 SCALE: I" = 30' DwN. BY: 1�, u 11 Page 5 of 5 AGREEMENT VARIANCE #�3-T 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 QQDATE Vy SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 14 1 5— 9 ® ACTION: - DATE- DATE APPROVAL SIGNED: BZA CHAIRM N DENIAL DATE: -7 - ,,?-I --q OF DEVELOPMENT REVTEW FEE SCHEDULE E REZONING: S550 plus S35.00 per acre S25.00 refundable fee for sign MASTER DEVELOPMENT PLAN: $1300 plus S40 per acre (to 50 acres) plus $30 per acre for each acre over 50 acres NON RESIDENTIAL SUBDMSIONS: $800 plus S90 per lot (to 10 lots) plus $30 per lot for each lot over 10 lots. In the case of a minor subdivision (4 lots or less) the fee shall be 5250.00 plus $35.00 per lot. RESIDENTIAL SUBDMSIONS: $1000 plus S90 per lot (to 10 lots) plus $45.00 per lot for each lot over 10 lots. In the case of a minor subdivision (4 lots or less) the fee shall be 5250.00 plus $35.00 per lot. NON RESIDENTIAL SITE PLANS: S1000.00 plus $100.00 per acre (to 5 acres) plus S30.00 per acre for each acre over 5 acres. MINOR SITE PLAN: SS00.00 A revision that increases the existing structure area by 20 90 or less and does not exceed 5000 square feet. RESIDENTTAL SITE PLANS: S1000 plus S40 per unit (to 20 units) plus S25 per unit for each unit over 20 units CONDITIONAL USE PERMIT: S75.00 plus S25.00 refundable fee for a sign. VARIANCE OR APPEAL: $250.00 plus S25.00 refundable fee for a sign. SOIL EROSION AND SEWNTENTATTON CONTROL PLAN (NOT PART OF SITE OR SUBDIVISION PLAN - LAND DISTURBANCE PERMIT): $200.00 plus S25.00 per acre of disturbed area FLOODPLAIN STUDY: S400.00 plus S2.50 per acre of drainage area (to 200 acres) plus S1.50 per acre of draina;e area over 200 acres (to 1,000 acres) Structures used For fire and rescue services are exempt from design review fees. E • 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 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\appGc.rev) [Space Above This Line For Recording Data] DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is made on .. February„ 2.1.... , 19 ..92.... The grantor is .G.REGORY...Ar...K�tOAP.�F.�..anc�...A��Q��..Pa-..�C�O�R�.��....k�.i.�..W�.�.� ........................................................ ("Borrower"). The trustee is..J.....WILLIAM..G.ILLIAM .............. of ..Eaizfax Virginiaand ?.�..MICHAEL„FUNK,,,,,., of „Edinburq..................... ............. Virginia, trustees (any one of whom may act and who are referred to as "Trustee"). The beneficiary is .................. VIRGINIA ... SAVINGS BANK which is organized and existing ... under the laws of ..the State „of Virgini a, and whose address is .60b, Cmm oerce„Avenue, P._0....Box..12.3.8,...Fxont..Royal.,...V.izgznia..2.2.6.3.Q........................................... ("Lender"). Borrower owes Lender the principal sum of.S.1-.Xty-S.@.V.Qn..TJ10..uSaT?.d..and ... Q.Q/.1Q.0.-----.-."-'-•• ----------------.-.----- Dollars (U.S. $ ......). This debt is evidenced by Borrower's note ................................. . . dated the same date as this Securi Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on ...... arch--1'.. 2.Q.22................................................................................ . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in ...... FrQa9XigX.. Q-Q1=y , Virginia: SEE SCHEDULE "A" attached "IN PART, THE PURPOSE OF THIS DEED OF TRUST IS TO REFINANCE AN EXISTING DEBT WITH THE SAME LENDER, WHICH IS SECURED by A Ut;JJ1J OF TRUST DATED JUNE 8, 1989 OF RECORD IN DEED BOOK 715, PAGE 598, IN THE AMOUNT OF $65,000.00 (CODE SECTION 58.1-803d)" THE UNPAID PRINCIPAL BALANCE BEING $63,980.77 which has the address of .......4892 Tern Avenue Stephens City,,,,,,,,,,,,,,,,,,, ....................[ .....]....................... .......... Strut [City] Virginia...2.2.6.5.5........................ ("Property Address"); [zip code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend 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. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehole.. payments or ground rents on the Property, if any; (c) yearly hazarA or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower VIRGINIA—Single Family —Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3047 9190 (page 1 of 6 pages) Product 44746 1991 SAF Systems & Forms, Inc. Chicago, IL • 1.800-323-3000 UPIM to Lender. in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are caged "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender foi a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual 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. If 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. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify 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 by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition 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 Payments. Unless applicable law provides otherwise, all payments 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 last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that. manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subor- dinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying 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 Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If 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 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If, Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the 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. If Borrower Form 3047 9190 (page 2 of 6 pages) abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property 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 withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an 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 assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall oe 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 Form 3047 9/90 (page 3 of 6 pages) fair 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 following fraction: (a),4 total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured im- mediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise pro- vides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, 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 not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest 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 or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that .the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) 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 mail 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. Governing Law; Severabi1ity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument 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 the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and 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 Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Securit ,, :nstrument without further notice or demand on Borrower. Forth 3047 9M (page 4 of 6 pages) is 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security In- strument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower 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 Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation 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 defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive 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, safety or environmental protection. NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right 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 specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender or Trustee shall give to Borrower (and the owner of the Property, if a different person) notice of sale in the manner prescribed by applicable law. Trustee shall give public notice of sale by advertising, in accordance with applicable law, once a week for two successive weeks in a newspaper having general circulation in the county or city in which any part of the Property is located, and by such additional or any different form of advertisement the Trustee deems advisable. Trustee may sell the Property on the eighth day after the first advertisement or any day thereafter, but not later than 30 days following the last advertisement. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by advertising in accordance with applicable law. Lender or its designee may purchase the Property at any sale. Form 3047 OM (page 5 of 6 pages) Trt_stAe shall deliver to the purchaser Trustee's deed conveying the Property with special warranty of title. The recitals in the 'trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees of .5...aOL.% of the gross sale price and reasonable attorneys' fees; (b) to the dimharge of all taxes, levies and assessments on the Property, if any, as provided by applicable law; (c) to all sums secured by this Security Instrument; and (d) any excess to the person or persons legally entitled to it. Trustee shall not be required to take possession of the Property prior to the sale thereof or to deliver possession of the Property to the purchaser at the sale. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to release this Security Instrument and shall surrender all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein 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. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together 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 if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] © Adjustable Rate Rider ❑ Condominium Rider ❑ 1-4 Family Rider ❑ Graduated Payment Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider ❑ Balloon Rider ❑ Rate Improvement Rider ❑ Second Home Rider ❑ Other(s) [specify] 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 PROPERTY CONVEYED. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: GREGORY A. Kf�OEPf..................... ...(Seal) —Borrower Social Security Number ............................................... (Seal) DEBOi2AH A. KLOEPPEf� _Borrower Social Security Number ............................................... [Space Below ThIs Una For Acknowledgment] STATE OF V.TRQINIA COUNTY OF .... EREDERICK. .............. } SS: I................................................... a Notary Public in and for said county and state, do hereby certify that QARFaGORY , A,., , .KLOEPPEL, . and, .DEBORAH. A. KLOEPPEL,. , his.. wi.f personally appeared before me and is (are) known or proved to me to be the person(s) who, being informed of the contents of the foregoing instrument, have executed same, and acknowledged said instrument to be... their... , .. , free and voluntary act and deed and that.... they ....... executed (his, her, their) (he, she, they) said instrument for the purposes and uses therein set forth. Witness my hand and official seal this................................day of .... February............... I 199 My Commission Expires: 5'AL This instrument was prepared by.ThOmaS B. Throckmorton, Nor SCULLY, H"CKMORTON & GLASS 44771 20 S. Kent Street, P.O. Box 3038, Winchester, Virginia 22601 is is Form 3047 91W (page 6 of 6 paees) • 0 SCHEDULE "A" All of that certain lot or parcel of land, together with all rights, rights of way, privileges, improvements thereon and the appurtenances thereto belonging, lying and being situate in the Opequon Magisterial District, Frederick County, Virginia, a short distance Northeast of Stephens City, Virginia, adjacent to and on the North side of Virginia State Route 647 and more particularly described as Lot 314 of Greenbrier Village, Section Three, on that certain plat and survey of Gilbert W. Clifford & Associates, Inc., dated November 9, 1987 attached to the Deed of Dedication of Greenbriar Village, Section Three, dated July 1, 1988 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 686, at Page 60; and further described by plat and survey of David M. Furstenau, L.S., dated February 12, 1992 attached hereto and incorporated by reference as if set out in full. This is the same property conveyed to Gregory A. Kloeppel and Deborah A. Kloeppel, his wife, from Fred L. Glaize, III, and Ann W. Glaize, his wife; and Bowman Trucking Company, Inc., a Virginia corporation, successor in interest to Jasbo, Inc., by deed dated May 4, 1989 and recorded in the aforesaid Clerk's Office in Deed Book 715, at Page 596. Reference is here made to the aforesaid plats, surveys, deed of dedication, deed, and the references contained therein for a further and more particular description of the property conveyed herein. SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 i ( M, ../-_C" • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 IMWIFICINTI A I OF PUBLIC V1111ARU IG September 1, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #023-98 OF DEBORAH KLOEPPEL On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, September 15, 1998, 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 #023-98, submitted by Deborah Kloeppel, for a four -inch side yard setback variance for an existing residence. This property is located at 108 Tern Avenue, and is identified with Property Identification Number 75I-1-3-314 in the Opequon 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, Michael T. Ruddy Planner II MTR/cc O:\Agendas\BZA\ADJOINER\KLOEPPEL.BZA 107 North Kent Street - Winchester, Virginia 22601-5000 "1 • • This is to certify that the attached correspondence was mailed to the following on: aes V. Pn / 2 9,F from the Department of Planning and Development, Frederick C unty,'Virginia: 75E - 3. 2- 137- 75E - 1- 3.313- ALMOND, RAY W. & SHEILA H. FLYNN, JERRY A 110 TERN AVENUE 215 RAVEN RD STEPHENS CITY, VA 22655 STEPHENS CITY, VA. 22655 2473 751 - 1- 3. 315- 75E - 3. 2- 147- FREY, ROBIN J GONYO, KEITH D. 4722 NORTHWESTERN PIKE 312 TANAGER DR WINCHESTER, VA 22603-3551 STEPHENS CITY, VA 22655.2407 751 - 1- 3- 310- 751 - 1.3- 314- WALKER, GENE A & MELISSA L KLOEPPEL, GREGORY A 107 TERN AVE 108 TERN AVE STEPHENS CITY, VA 22655-2478 STEPHENS CITY, VA 22655.2477 751 - 1- 3- 310-A LAUDERMILK, ROGERS S & KATHERINE B 109 TERN AVE STEPHENS CITY, VA 22655-2478 Michael T. Rudd;, Planner II Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICKII I, &1h Ann I 1 —_ , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Plann II fort Department of Planning and Development, whose name is signed to the foregoing, dated 1 b , has personally appeared before me and acknowledged the same in my State and County aforesaid. no Given under my hand this day of 19 `10 . My commission expires on @a 199 NOTARY PUBLIC