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HomeMy WebLinkAbout09-07 Application0 R,cK goo APPEAL APPLICATION #09 -07 SKYRIDGE, LLC Staff Report for the Board of Zoning Appeals Prepared: July 9, 2007 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: July 17, 2007 - Pending LOCATION: The subject property is located at Duck Run (Route 608) just south of Shawneeland in Section 32. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(S): 69 -A -1 PROPERTY ZONING & USE: Zoning: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential East: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Vacant West: RA (Rural Areas) Land Use: Vacant APPEAL: To appeal the determination of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165 -52, Permitted Residential Density; Exception. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to residential density in the RA zoning district. Appeal Application #09 -07, Skyridge, LLC July 9, 2007 Page 2 STAFF COMMENTS: This case involves an administrative interpretation of the zoning ordinance to determine the residential density on a 194 acre parcel, in the RA zoning district, proposed for a residential subdivision. The overall density on a parcel in the RA district is established by Sectionl65 -52(A) of the zoning ordinance, which provides: A. The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per five acres as determined by the size of the parent tract as it existed on the date of adoption of this section. Section 165 -52 was adopted on December 11, 1991. The basic maximum density permitted on any parcel, as set forth in Section165 -52, is one unit per five acres. However, if the parcel is a portion of a larger parcel which existed on December 11, 1991 (the parent tract), the maximum density permitted on the parcel is further limited by the provisions of Sectionl65 -52 that the density on the subject parcel cannot result in the density on what was the parent tract exceeding one unit per five acres. When a subdivision is proposed, the analysis which is done by the staff is to calculate the presumed maximum density on the subject parcel at a density of one unit per five acres, and�then Iookto see if the subject parcel was a part of a larger parent tract in 1991. if so, it is determined if the other portions of the parent tract have been subdivided, and, if so, then the number of lots created on the other portions of the parent tract are added to the calculated presumed maximum density on the subject tract. If the total exceeds the equivalent of one unit per five acres for what was the parent tract, then the maximum density permitted on the subject tract will be limited to the number of units so that the total number of units which would result from the parent tract will not exceed the equivalent of one unit per five acres. For example, assume a 1991 a parent tract containing 41 acres, which was subsequently divided into two parcels of 11 acres and 30 acres, and the owner of the 11 acres then did a family subdivision of three lots of two acres each, with a remaining lot of rive acres (as permitted by Section 165- 54(B)). If the owner of the 30 acre parcel then came in to subdivide, the following calculation of density would be done: (1) the 30 acres would have a presumed maximum density of six lots, at one per five acres; (2) the maximum density for the parent tract of 41 acres is eight lots, at one per five acres; (3) a review of the parent tract shows that four lots had already been created; and (4) therefore, the maximum density on the 30 acres would be four lots, not six (eight lots less the four lots created). Therefore, the end result would be that the development of the 41 acre parent tract would not exceed the density of one unit per five acres, or eight lots. • 1 0 Appeal Application 909 -07, Skyridge, LLC July 9, 2007 Page 3 Looking at the proposed subdivision in this case, the Applicants 194 acre parcel has a presumed density of 38 lots (194). The 194 acre parcel is a portion of a parent tract of 262 acres which existed on December 11, 1991, and which was divided into two tracts of 194 acres and 58 acres. The maximum density on the parent tract is 52 lots (262 ) 5). There has been no residential subdivision of the parent tract. Therefore, there is no diminution in the maximum pennitted density of the Applicants 194 acre parcel, and the maximum permitted density on the Applicants tract is 38 lots. I I The Applicants seem to suggest that they have a right to locate all 52 lots permitted on the 262 acre parent tract on their 194 acre tract, thereby leaving the 58 acre tract with no permitted density. There is no provision in the Frederick County zoning ordinance to transfer density or development rights between tracts. STAFF CONCLUSIONS FOR THE MAY 15, 2007 MEETING: Staff is requesting to affinn the determination of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165 -52, regarding density in the RA (Rural Areas) Zoning District. Frederick County, VA Appeal APP # 09 - 07 Application Skyridge, LLC Parcel ID: 69 -A -1 Location in the Gountq Map Fealures O Hamlets 1v Future Rt37 Bypass - Application C Awmft D Laka9P.ads ^— Streams Streets ti Primary Sewndm, '�- Tertiary Namheeter Rds -6 U,ban DevelopmentArea M SWSA Location in Surrounding Area 4 we — 0 200 400 e �eet ® Case Planner: Ma rk k Map Document: ( N: \Planning_And_Development \_1_ Locator_ Mps\ Skyridgellc_APP0907_062607.mxd) 6126/2007 -- 4:26:16 PM Frederick County, VA Appeal APP # 09 - 07 Application Skyridge, LLC Parcel ID: 69 -A -1 Location in the Gountj Map Features O Hamlets ws Fulure Rt37 Bypass . Applicatica 0 Airport 8 LakeyPOnds — Streams StroNe Primary �. Secondary ti Tercisry Wnchester Rda 0 Urban Development Area Ae SWSA Location in Surrounding Area c x � 0 200400 g reet c © Case Planner. Mark Map Document: ( N:\Planning_And_Development \_1_ Locator_ Mps\ Skyridgellc_APP0907_062607.mxd) 6/26/200 -- 4:26:16 PM APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner X other . (Check one) 2. APPLICANT: OCCUPANT: (if different) Skyridge, L.L.C. NAME: HT Develo pment, LLC NAME: ADDRESS 19892 Fort Vall Rd-ADDRESS: Strasburg, VA 22657 TELEPHONE: (540) 974 -148 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): _— Approximately 0.7 Mile East of State Route 55 (Warrdensville Pike) At Duck Run, On State Route 608, Just South of Shawneeland Section 32, Property Has Posted Signs of Trees Fron RT. 608, Listing "Skyridge" as Owner, On Left Side of Rt. 608 as Headed East. 4. Magisterial District: Back Creek 5. Property Identification No.: 69 -1 -A I MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 6. The existing zoning of the property is: RA Rural Areas District 7. The existing use of the property is: Undeveloped 8. Adjoining Property: USE ZONING North woo ded RA East Wooded RA South _Mostly Wooded Resi- RA West One Residence dence. RA 9. Describe the decision being appealed. (Attach a copy of the written decision.) decision of Zoning Administrator that property of 194 +/- acres has permitted residential density of 38 lots rather than 52 lots, where parent tract as of December 11, 1991, had 262 acres. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) See Attached "Grounds of Appeal" 11. Additional comments, if any: • 0 r� 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: Please list Propert Identification Number NAME Floyd, Walter I. Jr. Renner, Gary L. Bryan L. VHB, Inc. Paramount Corporation Lamb, Johnny R. Joann North Mountain Volunteer C/o Roger Milburn Paramount Corporation Orsini, Michael John Property ID # Address 114 Wright, George Peter Jr. Kin Thrush, John P. Ruth A. Ernst, Michael G. Brenda L. Address 6283 star Wardensvillej Tann Grade Property ID # 69 A 45 Address 3010 _ Wincb Valley Ave, ester VA 22601 Property lD # 69 A 46 Address 503 Winchester Favii Dr. VA 226Q2 Property ID # A 1'37 1 Address 503 Walnut Rd Property ID# 69A 132 Addr 6909 Ridge Rd Ma rriottsvill Property ID # 19° Address ..., Property ID # 69A 1 Address 50 Property ID # B 9 A t 3 5 Address 4043 Gilford ct. Fa iTl leasant Drive Property ID # 69A 132 7 Address 1105 Roxbury Newburg, PA 1 Property ID # 69A 132 Address 140 Beaver TRL ID # 69A 132 9 s • M 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Property Identification Number NAME Ernst, Michael G. dress 140 Beaver TRL. Brenda L. perty ID # fAddress Ernst, Michael G. 140 Beaver TRL. Winchester VA 22602 perty ID # 69A 132 Saville, Brian B. V Address Winchestera %DZ2603 Property ID # 69A 132 12 Mitchell, clarence W. Address 6508 Fish Hatcheryy Rd. Thurmont, MD 2178tf Property ID # 69A 132 1 Paramount Corporation Address 503 Walnut Rd. Property ID # 69A 132 14 Paramount Corporation - Address 503 Walnut Rd. i U112) 21.140 Property ID 69A 132 15I Milano, Dominic J. Address 4845 Norrisville Rd. Property ID # Paramount Corporation Address 503 Walnut Rd. MT) 21140 Property ID# 6 9 A 13 2 17 Lebrum, Charles S. Sr. Address 19 14 Van Buren Rd Bal i o Property ID # 69A 132 18 Funk, Gilbert R. Address 422 Elmwood Rd. Property ID # Matthews, David C. Address 104 Buffalo TRL Linda J. PropertyID# , D. 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional if necessary.) These people will be Identification pages notified by mail of this application: (Please list Property Number.) NAME Kleiderlein, Robert B. Address 08 Aster TRL Star Tannery, VA22654 Property ID # 69A 130 12 Nicholson, William E. Sr. P Address .O. Box 1 Star Tannery, VA 22654 Lillie L. PropertyID# 69 1 8A Nicholson, William E. Address ox Sr. Star Tannery, VA 22654 Property ID # 6 9 1 8 Littleton, Mark R. Address 6341 Wardensville, Gr. Star Tanner VA 22654 Property ID # 39 Richard, Martha Lane Address 136 Lambden Avenue & Winchester VA 22601 Naomi H. Property ID # 69 A 47 Paramount Corporation Address 503 Walnut Rd. Riva MD 21140 Property ID # 6 132 126 Enstrom, Ryan 15500 Morning Mist Pl Address liuc Kathleen Property ID # 69A 132 127 Foster, Ray H. Address 19360 Magnolia Grove Sq, Unit Lansdown VA 20176 Property ID # 1 Buckner, Richard W. Address 1118 Lake Ridge DR. Sunderland, MD 20689 Property ID# 69A 132 129 Paramount Corporation Address 503 Walnut Rd. Property ID # 69A 132 130 Address Property ID # • 0 C. 12. The following names and addresses are all of the individuals, firms, or corporations owning Property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if Identification Number necessary.) These people will be notified by mail of this application: (Please list Prerty NAME Matthews, David C. Matthews, David C Linda J. Matthews, David C Linda J. Matthews, David C Linda J. Medlin, Lewis E. Jean P. Horton, William J. Bradley J. Thurber, Charles H. Jr Cave, Michael Andrew Teresa M. Perry, Stuart M. INC Huntt, Charles E Debra J. Address 104 Buffalo TRL. Winchester VA 2 Property ID # 69A 137 � Address 104 Buffalo TRL PropertyID# 69A 132 22 Address 104 Buffalo TRL. Chest r. vn PropertyID# 9 ?ang 69A 132 23 Address Win 104 cheus Bf ter falo TRL. PropertylD# 69A 132 24 Address 3105 Plantation Ln. Property ID 6 9 A 132 25 A ddres s 6901 Sf ar Wardensville GR. T S IT ' Property ID# 2675 69A 231 i Address 7510 Essex Ave. Sl�rinaf ;alr3 va Property ID # 69 130 54 Address 212 Tomahawk TRL. Win, -h eGt vn 2�6n2 Property ID 69A o Sa Address 117 Limestone Ln. Property ID # 69A 130 36 Jr. Address 713 Strasburg St. Manassas. vn ln,�., Old Virginia Land, LLC Property ID # 6 9 A t'� C Address 101 Lee St. ID # s • AGREEMENT APPEAL # d l3 � p I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions required by the BZAJ I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT SIGNATURE OF OWNER (if other than applicant) F16 7 DATE 16 Zc 0 Ilpll o - OFFICE USE ONLY - BZA PUBLIC HEARING OF ACTION: DA 0 E- Lj APPEAL OVERRULED - APPEAL SUSTAINED SIGNE BZA CIVAIRMAN DATE: '1 h l � i Pile: 0dl Use AW FmmsNpl Revised 01114/03 Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 -665 -6395 Know All Men By These Presents: That I (We) DONALD'L. POE, Member of Skyridge, LLC and HT Development, LLC (Name) SUSAN s. POE, Memberof Skyridge, LLC and HT (Phone) 540- 974 -1484 eve opment, LZ ( Address) 19892 Fort Valley Road, S trasburg, VA 22657 the owner(s) of all those tracts or parcels of land ( "Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050017639 on Page 0611 69 Parcel: 1 Lot: Block: Section: _ do hereby make, constitute and appoint: (Name) Douglas W. Napier, Esquire and is described as Subdivision: Tax Map: 69 -1 -A (Phone) 540 - 635 -2123 Pond, Athey, Athey & Pond, PC (Address) 35 N Royal Ave. Front Royal, VA 22630 To act as my true and lawful attomey -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision 181 �ftt Ilan BZA APPEAL My attorney -in -fact shall have the authority to offer proffered conditions and to' make amendments to previously approved proffered conditions except as follows: . This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified In witness thereof, I Signature(s) hereto set my (our), hand and seal this 22nd day of June 2007 +x- k txt- , ,,, State of Virginia, e-ft-y of Warren To -wit: 1 Donna . M. Jordon a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) ]mown to me, personally appeared before me a knowledged the same before me in the jurisdiction aforesaid this ? 2n$ay of Jun _ ,2007 My Commission Expires: Aug. 31, 2009 otary u is �� 540/665 -5651 FAX: 540/665 -6395 CERTIFIED MAIL May 25, 2007 Mr. Douglas W. Napier Pond, Athey, Athey and Pond, P.C. 35 N. Royal Avenue P.O. BOX 395 Front Royal, VA 22630 RE: Zoning Determination for Skyridge, L.L.C. and HT Development, L.L.C. Property Identification Number (s) (PIN): 69 -1 -A Zoning District: RA (Rural Areas) Dear Mr. Napier: This letter is in response to your correspondence dated May 9, 2007, to the Zoning Administrator requesting a zoning determination of the residential density of the above - referenced property. The property has 194 +/- acres of land zoned RA (Rural Areas) Zoning District. In accordance with Section 165 -52 of the Frederick County Zoning Ordinance, the maximum permitted density shall not exceed one (1) unit per five (5) acres determined by the size of the parent tract. Therefore, the total of residential lots allowed on this property is thirty -eight (38). COUNTY of FREDERICK Department of Planning and Development You may have the right to appeal this zoning determination within thirty (30) days of the date of this letter in accordance with Section 15.2 -2311 of the Code of Virginia. This decision shall be final and unappealable if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance <c 1C5AIl�,.Fthe Cr� ,.1. rte, «r..7 ,,;n ,n2� h;� "vv'LL1i Al Lf CIC Xi< I LI VI I' .� �v u..a�... .1.... Zo...-g Ord' C °. Th i s p rovision requires the submission of an application form, written statement setting forth the decision being appealed, date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit and a $300.00 filing fee ($250.00 filing fee and a $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Please do not hesitate to contact me regarding any questions you may have at (540) 665 -5651. Sincerely, Mark R. Cheran Zoning Administrator MRC /dlw 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5060 GROUNDS OF APPEAL OF SKYRIDGE, L.L.C. AND HT DEVELOPMENT, LLC, TO THE BOARD OF APPEALS OF FREDERICK COUNTY, VIRGINIA The Appellants, Skyridge, L.L.C., a Virginia Limited Liability Company, and HT Development, LLC, a Virginia Limited Liability Company, by counsel; respectfully I represent as follows: 1. This is an appeal of a written determination dated May 25, 2007, by Mark R. Cheran, Zoning Administrator for Frederick County, Virginia (the "Determination Letter "), a copy of which is attached hereto and incorporated herein as Exhibit "I". In the Determination Letter Mr. Cheran ruled that the Appellants Skyridge, L.L.C. and HT Development, LLC, both Virginia Limited Liability Companies, have a permitted residential density of only 38 lots on their real property, zoned RA Rural Areas District, located in Frederick County, Virginia, under the Zoning Ordinance of Frederick County, Virginia, rather than up to 52 lots that Appellants properly believe and assert that they lawfully have under the provisions of Frederick County Code Section 165 -52. 2. The Appellants are the owners of the following described real estate (the "Property "): All that certain lot or parcel of land together with all improvements thereon and all appurtenances thereunto belonging or in anywise appertaining, lying and being situate in the Back Creek Magisterial District, Frederick County, Virginia, adjacent to Wardensville Grade at Duck Run, about eighteen miles West of the City of Winchester, being known and designated as "T. M. SECTION 69 PARCEL 1 AREA NORTH SIDE OF ROAD ", containing 194.6903 Acres, more or less, as shown on plat entitled "SURVEY OF THE CHARLCIE B. FRALEY PER 579/262 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY,VA ", prepared by Joseph G. • s "B. ...Within subdivisions utilizing rural preservation lots, the forty - percent parcel shall not count against the permitted density of the parent tract." 6. On December 11, 1991, the date of adoption of the Zoning Ordinance, the Parent Tract consisted of slightly more than 262 acres. Thus, the permitted residential density of the Property would be 262 divided by 5 equals 52 lots. 7. Prior to purchasing the Property, and prior to dividing the Property from the Parent Tract, Joseph B. Brogan, Jr., Appellants' surveyor and agent for Appellants, inquired of Frederick County Zoning and Subdivision Administrator Mark R. Cheran whether if Appellants purchased and subdivided only the Property and not the entirety of the Parent Tract, if Appellants would be able to retain the residential density of 52 lots on the Property after dividing off the Property, and thereby not having to purchase the entire Parent Tract. The said Mark R. Cheran informed the said Joseph B. Br Igan, Jr., that Appellants would be able to retain the residential density of 52 lots on the Property after dividing the Property from the Parent Tract. In reliance on this affirmative representation presentation of Mr. Cheran, the Appellants had the Property and the residue of the 'Parent Tract surveyed, this being the plat referred to in paragraph no. 2 of this Grounds of Appeal, incurring significant expense therefor, and purchased the Property, incurring significant expense therefor, and recorded both the deed to and the plat of the Property, incurring even more expense. 8. After purchasing the Property, incurring great expense in doing so, Larry Weaver, a project manager with Racey Engineering, PLLC, engineer for and agent of Appellants, who was engaged by Appellants to do a site plan for the residential 3 • 6 Brogan, Sr., C.L.S., dated April 20, 2005, Addendum July 26, 2005, Addendum July 28, 2005, and BEING the same real estate conveyed to the Plaintiffs by deed dated August 5, 2005, from Charlcie B. Fraley, said deed being of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 050017639, a copy of which deed and the plat and survey of Joseph G. Brogan attached to said deed and recorded therewith (the "Plat ") is attached hereto and incorporated by reference herein as Exhibit "2 "; and BEING a portion of the real estate conveyed to Charlcie B. Fraley from R. W. Fraley by deed dated July 17, 1984, recorded in the Clerk's Office aforesaid in Deed Book 579 at Page 262, a copy of which deed is attached hereto and incorporated by reference herein as Exhibit "3 ". 3. The Property is zoned under the Frederick County, Virginia, Zoning Ordinance, I Article V, Sections 165 -49 to -57, (the "Zoning Ordinance ") as RA Rural Areas District. 4. The aforesaid deed dated July 17, 1984 is the "parent tract" (the "Parent Tract ") of the Property, and at all times between July 17, 1984 and August 5, 2005, contained slightly more than 262 acres, according to the Plat. 5. On December 11, 1991, Frederick County amended its Zoning Ordinance by adopting Section 165 -52 (the "Ordinance "), which ordinance provides in relevant part: "A. The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per five acres as determined by the size of the parent tract as it existed on the date of adoption of this section." 2 0 • development on the Property, submitted a pre - formal submission of a sketch site plan with Mark R.Cheran, with a written e-mail message stating: "Mr. Cheran, "I just wanted to send you an e -mail on the status of the Fraley Subdivision Layout with the two entrances that I submitted to you. Our client called me and said he had spoke to you this morning and asked me to e -mail you. If the new two entrance layout is approved please let me know and we will move forward with preparing a clearing plan for submittal and once approved Mr. Poe can clear some of the trees and get equipment in to start establishing locations for drainfields. Also, could you please provide me with the name of the gentleman that reviews erosion and sediment control plans so I can give him a call to see what all is required for a generic clearing plan? As discussed at our previous meeting we wanted to get the approval on the layout from you so that we can do the clearing plan, once approved, Mr. Poe [an owner and member of Plaintiff Skyridge, L. L. C.] would could then start getting equipment in place and start to establish drainfield locations since these are required for the eventual preliminary plat. I appreciate your time and attention to this matter. Larry Weaver" With this submission Mr. Weaver submitted to Mr. Cheran a preliminary lot layout of the proposed development showing a residential density of 51 lots. To these submissions Mr. Cheran e- mailed back to Mr. Weaver: "The plan with the roads looks good to me give me a call." Printed copies of the respective e -mails of Mr. Weaver and Mr. Cheran are attached hereto as Exhibits "4" and "5 ". 9. In conformity with the provisions of the Ordinance, the Appellants wish to develop the Property so as to put in up to 52 residential lots on the Property. Based on information and belief, if Appellants formally submit a formal application for subdivision approval, their application would be rejected and disapproved. i 10. Appellants respectfully submit the Letter Determination of Mark R. Cheran is an incorrect, plainly wrong, unwarranted and arbitrary interpretation of Section 165 -52 E the Zoning Ordinance of Frederick County, Virginia, and the Appellants are aggrieved by such action as they are deprived of the lawful use of their property. 11. The Appellants ought not to be put to the needless expense of formally submitting a formal engineered site and subdivision plan laying out a 52 lot residential development on the Property, only to have such plan rejected and disapproved by Frederick County, Virginia. WHEREFORE, the Appellants appeal the Determination Letter of Mr. Cheran and request that the Board of Zoning Appeals determine that the Determination Letter of Mr. Cheran, that the permitted residential density on the Property is less than 52 residential lots, is an incorrect, plainly wrong, unwarranted, arbitrary and therefore unlawful interpretation of Section 165 -52 of the Frederick County Zoning Ordinance; that Appellants be determined to have vested rights in having a residential density of 52 lots on the Property; that the appropriate officials of Frederick County, Virginian be required to issue to the Appellants a written statement that the permitted residential density for the Property is up to 52 lots; and that Appellants have such further and other relief as the nature of this matter may find warranted. Respectfully submitted, Skyridge, L.L.C. HT Development, LLC By: • % G� / ' " Dougli W. Na ' r, Counsel Douglas W. Napier Counsel for Plaintiffs VSB #16136 35 North Royal Avenue Front Royal, VA 22620 E POND, A I'HEY, ATHEY & POND, P.C. A I'l ORNEYS AT I.Aw 35N. ROYALAATNIT P.O. BOX 395 FRONT RONAL. VIRGINIA 44630 J. DANIEL 1'OND 1I 61 ?Ili MA \I. All❑!)' CLIFFORD I. XHILY.Ili. I. DANIEL POND 111 10) IN S. BELL UOIi(;IdS W. NAPIER April 16, 2007 Mr. Mark R. Cheran Zoning and Subdivision Administrator 107 North Kent Street Winchester, V 1 16V I Via First Class Mail and Facsimile: 540.665.6395 And e -nail :mcheran @co.frederick.va.us Re: Skyridge, LLC Fraley Subdivision Dear Mr. Cheran: 1910AI': (.5540) 635-M3 FAX (J 10) (;95-700I lao;c�napoud- albcdmv.am; ILO. BOY 395 I received your recent message in my voice mailbox that you were interpretin Section 165 -52.A. of the Frederick County Code as allowing my client, Skyridge, LLC, to put in only 38 lots instead of the 52 lots that my client calculates to be allowed. As we pointed out on our meeting of this past March 29, the parent tract, as it existed on the date that ordinance was adopted, was 262 acres in size. Reading the ordinance literally, "[t] maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per five acres as determined by the size of the parent tract as it existed on the date of adoption of this article', it is difficult for me to escape the conclusion that the number of lots permitted by right would be 262 divided by 5 equals 52.4, or 52 lots. There would be a large loss of value to my client if it were to put in only 38 lots as opposed to 52 lots. Given that I cannot read into that Section why the density is not based on 262 acres, the size of the parent tract as it existed on December 11, 1991, the date of adoption of the crdinance would you please indicate to me how it is my reading of this ordinance is infirm? Obviously, my clients would not like to challenge this imerpreiaticn of we are not reading something incorrectly. Your help is greatly appreciated. Sincerely, n Z! � /' P� Douglas W. Napier APR 1 8 o cc: Skyridge, LLC Racey Engineering 3 d \ � M t Z K � N W O ¢ ; rn M CC a7 *- gj o Y " U ' o` � � T m F e N / A � d/ S s h• h�".,e� °'• .5 L ` M °O 4 A A � P •• a � n "Y F S � 4 h � a a Y', / �/� O r �O /" F� S 4 •� A � ySd61'd" y ¢ �Jb� = o � = w ¢ _. 10I r - .....__. -.. 0 Also, I have attached a copy of the layout of the subdivision the email is in reference to. This is what was submitted to Mr. Cheran for his early review to see if he had any concerns or questions. Thanks, Larry Note: forwarded message attached. Want to be your own boss? Learn how on Yaho Small Business. From: "Mark Cheran" <mcheran @co.frederick.va.us> To: "'Larry Weaver "' <Iweaver_racey @yahoo.com> CC: <mmoore_racey @yahoo.com >, "'Pat Racey "' <raceyengr2002 @yahoo.com> Subject: RE: Fraley Subdivision Preliminary Layout of Lots Date: Thu, 30 Mar 2006 15:57:19 -0500 The plan with the roads looks good give me a call - - - -- Original Message---- - From: Larry Weaver [mailto: Weaver _racey @ yahoo.com] Sent: Friday, March 24, 2006 1:05 PM To: Mark Cheran Cc: mmoore_racey @yahoo.com; Pat Racey Subject: Fraley Subdivision Preliminary Layout of Lots Mr. Cheran, I just wanted to send you an email to check on the status of the Fraley Subdivision Layout with the two entrances that I submitted to you. Our client called me and said he had spoke with you this morning and asked me to email you. If the new two entrance layout is approved please let me know and we will move forward with preparing a clearing plan for submittal and once approved Mr. Poe can clear some of the trees and get equipment in to start establishing locations for drainfields. Also, could you please provide me the name of the gentleman that reviews erosion and sediment control plans so I can give him a call to see what all is required for a generic clearing plan? As discussed at our previous meeting we wanted to get the approval on the layout from you so we can do the clearing plan, once approved, Mr. Poe would could then start getting equipment in place and start to establish drainfield locations since these are required for the eventual preliminary plat. I appreciate your time and attention to this matter. Larry Weaver 12/l/2006 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 - Winchester, Virginia 22601 VI4!!IINNGDIINIIVIIIIIIVI -e 6n2E50P 2 43 05219 z 05!25/2007 7005 3110 0001 2607 14 Mr. Douglas W. Napier Pond, Athey, Athey & Pond PC G� 35 N Royal Ave P.O. Box 395 Front Royal, VA 22630 {: M19atied 'Prom 22601 US DOS3AGE Mr. Douglas W. Napier Pond, Athey, Athey & Pond PC G� 35 N Royal Ave P.O. Box 395 Front Royal, VA 22630 J .. a �9. • • O 01 45401 This Deed prepared by Hubert Marlow, Jr., Attorney at Law. THIS DEED, made and entered into this 5 day of August, 2005, by and between CHARLCIE B. FRALEY. party of the first part, GRANTOR, and Skvritim L.L.C., a Vhginia Limited Liability Company, and $T Development. LLC, a Virginia Limited Liability Company, parties g of� the second part, GRANTEES, whose address is 1 q 8 9� 6nsr`t UB daa 'Kodi / S ", 4 . IIR,Nha aa6 s WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the party of the first part does hereby grant and convey with General Warranty of Title and the usual English Covenants of Title unto Skyridge, L.L.C.. a % interest in the following - described real estate and unto HT Development, LLC, a % interest in the following - described real estate, to-wit: Tax Map Reference No. 0- 1 A All that certain lot or parcel of land together with all improvements thereon and all appurtenances thereunto belonging or in anywise appertaining, lying and being situate in the Back Creek Magisterial District, Frederick County, Virginia, adjacent to Wardensville Grade at Duck Run, about eighteen miles West of the City of Winchester, being known and designated as "T.M. SECTION 69 PARCEL 1 AREA NORTH SIDE OF ROAD ", containing 194.6903 Acres, more or less, as shown on plat entitled "SURVEY OF THE CHARLCIE B. FRALEY PROPERTY PER 579/262 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VA ", prepared by 0 0 0 m N Joseph G. Brogan, Sr., C.L.S., dared April 20, 2205, Addendum July 26, 2005, Addendum July 28, 2005, said plat attached hereto and made a part hereof; and BEING a portion of the real estate conned to Charlcie B. Fraley from R. W. Fraley, Sr., by Deed dated July 17 ° ,1984, recorded in the aforesaid Clerk's Office in Deed Book 579 at Page 262. Reference to which said , 3lat and deed and the references therein contained is hereby made for a more ?articular descri?tion of the property hereby conveyed and for further derivation of title thereto. PROVIDED, HOWEVER, that this conveyance is made subject to restrictions, reservations, easements, and agreements of record to the extent that they may lawfully apply to the property hereby conveyed WITNESS the following signatures and seals: (SEAL) Charlcie B. Fraley COMMONWEALTH OF VIRGINIA COUNTY OF WARREN, to -wit: I 1 nna � � l �O .S a Notary public in and for the Commonwealth of Virginia t Large, do certify that Charlcie B. Fraley, whose muse is signed to the foregoing Deed bearing date of August 5 2005, has this day personally appeared and acknowledged the same before me in the State and County aforesaid. GIVEN under my hand this ,5 day of August, 2005. My Commission expires: 1 - 31 - 07 � (SEAL) § '�`U Notary Vub SURVEYOR'S CERTIFICATE: I, JOSEPH G. BROGAN, SR., A DULY AUTHORIZED LAND SURVEYOR, DO HEREBY CERTIFY THAT THE LAND HEREIN DIVIDED IS IN THE NAME OF CHARLCIE B. FRALEY AND WAS ACQUIRED BY HER AS STATED IN THE OWNER'S CERTIFICATE. I FURTHER CERTIFY THAT THE TRACTS ARE WI iIN TOE B ZU NDARIES OF THE ORIGINAL TRACT. . G, S. JOEUH G. BRIPN, SR. P.LS. CERTIFICATE OF APPROVAL THE BOUNDARY DIVISION IS APPROVED BY THE UNDERSIGNED IN ACCORDANCE WITH THE EXISTING SUBDIVISION REGULATIONS AND MAY BE T E RECORD Ptejer kQ 3tdivi = Adronistmtrr D: AP ROVED BY VDOT b d ,DEh ENGINEER 1 Date OWNER'S CERTIFICATE: THE UNDERSIGNED OWNER HEREBY CERTIFIES THAT THE LAND DIVIDED WAS ACQUIRED BY CHARLCIE B. FRALEY IN DEED BOOK 579 PAGE 262 ON JULY 17, 1984. THIS DIVISION AS IT APPEARS ON THIS PLAT IS WITH THE FREE CONSENT AND DESIRE OF THE UNDERSIGNED OWNER, AND THE SAME IS HEREBY CONFIRMED AND SUBMITTED FOR RECORD IN THE CLERK'S OFFICE OF FREDERICK COUNTY, VIRGINIA. 4 2 &Z - /c &4 Okalcie B. Fraley 6� Acknowledged before me this 3 �`' day of 2005. My Commission expi 3o , 2 006 SURVEY OF THE CCHARLCIE B. FRALEY PROPERTY PER 579/262 Back Creek Magisterial District FREDERICK COUNTY, VIRGINIA prepared by: JOSEPH G. BROGAN, SR. PROFESSIONAL LAND SURVEYOR P. 0. BOX 1578 FRONT ROYAL, VA. 22630 -0034 Tel 6 Fax (540)'635 -5657 ADDENDUM JULY 28, 2005 O Ol W 1 � ............. . t'r• �tH •. 4J ; � o q • > MAP =2000' NAP DIP eAA m/1 UNO 9aCr10N W a S aa /are -na TA. ?ADM r a ' p Xn aWam WTa mt*ou 6 a tt l � i! r rYl roa�w eac.d lWlw _L. �... . r .. as • rl Q I,N 8!'10'17 8 2805.63 r 11 ) � a rw 10' burr Ptll =l) w YLJ ',�,mra a>rn JI sm ea Y f! Yo nae a +m��> "" � � � � ✓4pp� � a imra 0L I' eg p art W TacucTwo PADCx1.1 ci $ '� r+, • a APAAW(*y ma0►aDAO Y SY,eMp N CTL oil h� IMAM ACM �„":', a Rp �A •, ON PARA U B p 1 V Sip x ��� 1 a- • � ton d �. � 1068'.34' �- Y A�11� 1 ' �nm ��rr �•d -P y g 55 s16TifAd �r�P J � e ! QN Nn uWOD p EY 0 1 1 1 P V b ca,uusne B. z�cnl.nr �B y Q'• I �'�` PRortRTY PER 579462 0 RACKCRUKIIAGWERULDIMM u PR&IIERICK COUNTY, VAV �n 1 W ime .error W wmuyun ro 1rr onrce. '$ (i• 424 Al w 10 Ilfr Mtl .Il GsFyDns Ci MN'rtU. (� tm ro m om � ;; r. • rnw� nn w SrS 16 ur w r Hri3 8 6 M? O e xY. rawq p° e< Ww Y yr /p T.M.A 110 A / e AYTA P rom�s� sa R w R0, O w/e �afrxARGCLS 2,6g? .� a4P $ p r Aa s e ��1t li r� S bZ 9 .82 • s 2 � Y nxpm r � 1g Ya �° N.�� r,P w�� ar Y0r v tDa T.Y. rlat>a Y G — WAR ^ Lam 8 y'�'g l 7a.a1'� Ao.+ac a, aamw, la 1 A ae'm s 11 t 1 as B t /tlofala+u urm mYmw i LW N a6 : a/R./4 r apT 7 AyIO -ppr. i � N 31 O 9a8 R eal- a rz (WI w -Nrov 14 SSA ' '8r El 8 31R.a8 a° A. R6' P 41 t 1a. a u+oemtnl MT "I AIAdAmt am m woe L7 N arm ♦♦ � �z II IA N rTa to �T a ,4 �,ytD pp 9 ARC tEXC CAOAD HC18, DBLTA ANDLA } m 70 a3a. r aa fl- I�r1 al0.6f ��pl j7 Ca 1 1666.ed 81x.08 8{7.!0 i 0'1'�a as I 2 a gape • B1L "G �1470.Ma.80 M Oa'Rerla'r CERTIFICATC Np. U. 1101 A VIRUIMA: MEDERICK COUNTY. SCT. Thi i0s rumcn1 of writing wvs prWUCbd w nw v G� at and h certitwat: „Lmknnwledgenicnt th<reN mun•zeJ w:v <ndmilt.dwrecurd.T impn.rJ by . ° +.. .`%.1 -Rll2 of sif .:mt1 .18.7.8p1 Ilrve been (did. if assessable 4 z", ��'1v� -'� • Clerk #2708 - R. W. FRALEY, SR. TO: :: DEED CHARLCIE B. FRxALEY- i ago$ e579FC262 r This deed made and dated this 17th day of July, 1984, by end between R. W. Fraley, Sr., party of the first part, hereinafter referred to as the Grantor, and Charlcie B. Fraley, party of the second part, hereinafter referred to as the Grantee. WITNESSETH; That for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, receipt of which is hereby acknowledge, the Grantor does hereby grant and convey unto the Grantee all that certain tract or parcel of land lying in Back Creek Magisterial District, Frederick County, Virginia on both sides of the Wardensville Grade at Duck Run, about eighteen miles West of the City of Winchester, which tract contains 250 acres more or less and is bounded on the Northeast by the lands of Hodgson, Harry Richards and Triplett; on the Southeast by Gilbert Bill; on the Southwest by Ellsworth Dodson, the McClure land and the lands formerly owned by Morgan Orndorffe. The aforesaid being that same tract conveyed to Raymond W. Fraley, Sr., from S.S. Fraley and Lydia N. Fraley, by deed dated November 7, 19ss, and found of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 240, Page 195, The Grantor covenants that he has the right to convey said realty to the Grantee; that the Grantee shall have quiet possession thereof, free from all encumbrances, that he has done no act to encumber the same and that he will execute such further assurances of title as may ba requisite. Witness the following signature and seal,the daq and year first above written.' I fayZl'tle ,1 4 L /LV tifR,•�l 4 SEAL) Kaympnd W. rralcy, r• I __ q �. 1 I I I 0 r ` I II �i w� 57sPG163 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER i I S/ '77z a Notary Public in and for the County of New Hanover in the State of North Carolina, do certify that Raymond W. Fraley, Sr., whose name is sigriki $ to the foregoing writing, bearing date on the 17th day of u July, 1984, has acknowledged the same before me in my county h aforesaid. K 1, Given under my hand this day of July, 1984. i My commission expires O 7-7. /"J i v : otary u iTc t,y , +'�•+.•,pr • I Y ! l 1 A 1 '.lni!N au [ � / O�'WIIbIY{WM (.Djlm'I ,01110 P1 ar doy44 _ .O .J I �.,...r me wuh om Z' d xMro.ladalMl u...a . ..11n1M M � /tae -k llJ�..•Lr��- � Y i COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 NOTIFICA'T'ION OF PUBLIC NEARING July 3, 2007 TO: THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) RE: APPEAL APPLICATION #09 -07 OF SKYRIDGE, LLC On behalf of the Frederick County Board of Zoning Appeals, you are hereby no of a public g hearing bein held on Tuesday, July 17, 2007, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Appeal Application 909 -07 of Skyridge, LLC, to appeal the determination of the Zoning Administrator in the administration ofthe Frederick County Zoning Ordinance pertaining to Section 165 -52, Permitted Residential Density; Exception. The subject property is located at Duck Run (Route 608) just south of Shawneeland in Section 32, and is identified with Property Identification Number 69 -A -I in the Back Creek Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Zoning and Subdivision Administrator MRC /bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 0 This is to certify t4at . the attached correspondence was mailed to the following on 7 1 6IcQ� from the Department of Planning and Development, Frederick County, Virginia: 69A - 1 -32- 4- 69 -A- - 1- SKYRIOGE,LLC 19892 FORT VALLEY RD STRASBURG,VA 22657 Douglas Napier, Esquire PO Box 395 Front Royal, VA 22630 69 -A- - 45- FLOYD, WALTER I JR & TAEKO F 6238 WARDENSVILLE GRADE STAR TANNERY, VA 226541852 69 - A- - 46- RENNER, GARY L & BRYAN L 3010 VALLEY AVE WINCHESTER,VA. 226012633 69A -1 32. 1 VHB, INC NORTH MOUNTAIN VOLUNTEER C10 ROGER MILBURN 1951 BACK MOUNTAIN RD WINCHESTER,VA. 226021918 69A - 1.32. 6- ORSINI, MICHAEL JOHN 4043 GILFORD CT JARRETTSVILLE, MO 210841233 69A - 1.32 7- WRIGHT, GEORGE PETER JR. 11413 PLEASANT DR KING GEORGE, VA 224854440 69A -1.32- 8- THRUSH, JOHN P. & RUTH A. 1105 ROXBURY RD NEWBURG,PA. 172409151 69A - 1.32. 9- ERNST, MICHAEL G & BRENDA L 140 BEAVER TRL WINCHESTER,VA 226021504 503 FAWN DR WINCHESTER, VA 22602 fi9A - 2 PARAMOUNT CORPORATION 503 WALNALN UT RD RIVA, MD 21140 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1 �,� .J� Q D ' dj el a Notary Public in and for the State and County aforesaid, do 41ereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Depart t f Planning and Development, whose name is signed to the foregoing, dated 3 p , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this ( '512 d_ day of My commission expires on �i" j., C;I 0 00 �� ' MWA �. • d # '�3 /9 0 VF�- 69A - 1.32. 3- LAMB, JOHNNY R. & JOANN • - 69A 1- 35- RLES E JR & DEBRA J 6909 RIDGE RD HUNTT, MARRIOTTSVILLE, MD. 21104 -1037 7713STRASBURG ST 69A - 1.32. 12- MANASSAS, VA 20109 -3246 SAVILLE, BRIAN B 69A - 1.30- 13- 221 SANCTUARY OR OLD VIRGINIA LAND, LLC WINCHESTER, VA 226034054 101 LEE ST WINCHESTER,VA 22601 69A - 1 -32. 13- MITCHELL, CLARENCE W 69A - 1.30- 12- KLEIDERLEIN, ROBERT B & CHRISTINA L 6508 FISH HATCHERY RD THURMONT, MD 21788 -2701 108 ASTER TRL STAR TANNERY, VA 22654 -1702 69A - 132- 16- MILANO, DOMINIC J. 69 1- - 8 -A 4845 NORRISVILLE RD NICHOLSON, WILLIAM E SR WHITE HALL, MD 211619678 & LILLIE L PO BOX 123 69A - 1.32. 18- STAR TANNERY, VA 226540123 LEBRUM, CHARLES S. SR. 69 -A- - 39-A 1914 VAN BUREN RD LITTLETON, MARK R BALTIMORE, MO 212223040 72 MCPHERSON CIR STERLING, VA 201655788 69A - 132. 19. FUNK, GILBERT R 69 -A- - 47- 422 ELMWOOD RD RICHARD, MARTHA LANE ET ALS BALTIMORE, MO 212062102 136 LAMBDEN AVE 69A -1.32 20- WINCHESTER,VA. 226013158 MATTHEWS, DAVID C & LINDA J 104 BUFFALO TRL WINCHESTER,VA 226021305 69A - 1 -32- 25- MEDLIN, LEWIS E. & JEAN P. 3105 PLANTATION LN WAYNESBORO, VA. 229801520 69A -2-31 1- NORTON, WILLIAM J & BRADLEY J 6901 WARDENSVILLE GR STAR TANNERY, VA 22654 -1849 69A - 1 -30 54- THURBER, CHARLES H. JR. 7510 ESSEX AVE SPRINGFIELD, VA. 221503810 69A - 1.30. 53- CAVE, MICHAEL ANDREW & TERESA M 212 TOMAHAWK TRL WINCHESTER, VA 226021353 69A - 1 -30- 36- PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 226022272 69A - 1.32. 127 - ENSTROM, RYAN & KATHLEEN 15500 MORNING MIST PL HUGHESVILLE, MD 20637 69A - 1.32. 128 - FOSTER, RAY H 19360 MAGNOLIA GROVE SQ UNIT 2 LANSDOWNE, VA 20176.6895 69A - 1 -32 129 - BUCKNER, RICHARD W. 1118 LAKE RIDGE DR SUNDERLAND, MD 206899630 tt - oq 7 � T*RBARA -DATA PROCESSING � 1 'J g ,l _ I FROM:BEV - Planning Dept. A. ✓ Please p sets of labels by ° HANKS! 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please licr Pr��o Identification Number.) NAME Floyd, Walter I. Jr Renner, Gary L. Bryan L. VHB, Inc. Paramount Corporation Lamb, Johnny R. Joann North Mountain Volunteer c/o Roger Milburn Paramount Corporation Orsini, Michael John Wright, George Peter Jr. Thrush, John P. Ruth A. Ernst, Michael G. Brenda L. � Address 6283 Star Wardensville Grade vn 22 Property ID # - Tannar jz- 5 69 A 45 Address Win 3010 n Valley Ave. vter VA 92tin1 Property ID # 69 A 46 Address 503 WinchectRr Fawn Dr. VA Property ID # 22602 Fi9A 13? Address 503 Walnut Rd PropertyID# 69A 132 2 "� Address 6909 Ridge Rd M arriottsville,MD 2 Property ID # 6 9A 13 2 3 � Address 11951 Back mountain Property 11D # 69A 132 4 Address 503 Walrlut_Rd Property ID # 69A 1�2 9 Address 4043 Gilford Ct. Ta rrptf 11 P Mn Property ID # ' / AaA Address 11413 Pleasant Drive Property ID # 69A 132 7 f Address NeobuRoxbury , 1R240 Property ID # 69A 1 Address 140 Beaver Property ID # 69A 13 G ' vf� 0 go 0 12. The following names and addresses are all of the individuals, firms, or corporations owni g n Property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Prope Identification Number.) rty Ernst, Michael G Brenda L. Ernst, Michael G. Saville, Brian B. Mitchell, Clarence W Paramount Corporation Paramount Corporation- Milano, Dominic J Paramount Corporation Lebrum, Charles S. Sr. Funk, Gilbert R Matthews, David C. Address 140 Beaver TRL. Property ID # — tiQn 1�9 Address 140 Beaver T1 W inchester. 1 Property ID # Address 2 2 1 Sanctuar Dr. Winchester, VA 226 Property ID # 69A 132 12 Address 6508 Fish Hatchery Property ID # 69A 132 1 3 f Address 503 Walnut Rd. Property ID # 6 9A 132 14 Address 503 Walnut Rd. COA Property ID , 4 69A 132 15 Address 4845 Norrisville Rd. Property ID # Address 5 03 Walnut Rd. giv A, MD 2114n Property ID # 69A 132 17 Address 1914 Van Buren Rd. Baltimor MD 91595 Property ID # 69A 132 18 Address 422 Elmwood Rd. Ral timn ra Tn 91?nL6 _ Property ID # AQA 1o0 — x Address 104 Buffalo TRL. D • 0 C. 12. The following names and addresses are all of the individuals, firms, or corporations owning Property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Property Identification Number.) Matthews, David C. Address VW" i0nchest e o VA Linda J. Property ID �QA Matthews, David C. Address 104 32 21 Buffalo RL Win nche Linda J. PropertyID# 69A 132 22 Matthews, David C. Address 104 Buffalo TRL. Linda J. Property ID # 69A 132 23 Matthews, David C. Address 4 Winche BufalRL. fter o T & s Linda J. PropertyID# 69A 132 24 Medlin, Lewis E. Address 3105 Plantation L'n. Jean P. Property ID # 69A 132 Horton, William J. Address 6901 Wardensville GR. G — Bradley J. Property lD# 6 Thurber, Charles H. Jr. Address 7510 Essex Ave. PropertyID# 69A 130 54 Cave, Michael Andrew Address 212 Tomahawk TRL. & W inr Teresa M. Property ID # 69A un Perry, Stuart M. INC. Address 11 Limestone Ln. Property ID # 69A 130 36 Huntt, Charles E. Jr. Address 13 Strasburg St. & Manassas V A 2010g Debra J . Property ID # 69A 130 S / Old Virginia Land, LLC Address 101 Lee St. 1W D. 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: {please list Property Identification Number.) ®1 Kleiderlein, Robert B. Address 1V. ester Star Tannery, VA 22654 Property ID# 69A 130 12 Nicholson, William E. Sr. Address P.O. Box 1 Star Tannery, VA 22654 Lillie L. Property ED# 69 1 8A Nicholson, William E. ox Sr. Address Star Tannery, VA 22654 Property ID # 6 9 1 8 Littleton, Mark R. Address 6341 Wardensville, Gr. Star Tannery, VA 22654 Property ID # 39 Richard, Martha Lane Address 136 Lambden Avenue & Winchester VA 22601 Naomi H. Property ID # 69 A 47 Paramount Corporation Address 503 Walnut Rd. Riva MD 21140 Property ID # Enstrom, Ryan Address 15500 Morning Mist P1 & esvillp, MT) 20637 Kathleen Property 69A 132 127 Foster, Ray H. Address 19360 Magnolia Grove sq, Lansdown VA 20176 Property ID # 9A 132 128 Buckner, Richard W. Address 1118 Lake Ridge DR. Sunderland MD 20689 Property ID # 69A 132 129 Paramount Corporation Address 503 Walnut Rd. Md- 21140 Property IUD) # 69A 132 130 Address Property ID # 1 �1 0 P E °g - ° �(y !' AARBARA -DATA PROCESSING D FROM: BEV - Planning Dept. W w I A. / Please print sets of labels b S ° HANKS! 12. The following names and addresses are all of the individuals, firms, or corporations owning Property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Pron Identification Number.) Floyd, Walter I. Jr Renner, Gary L. Bryan L. VHB, Inc. Paramount Corporation Lamb, Johnny R. North Mountain Volunteer c/o Roger Milburn Paramount Corporation Orsini, Michael John Address 62 Wardensville Grade Prope ID # A 45 Address' valley Ave. Property ID # 69 A Address 503 Fawn Dr. Property ID # Address 503 Walnut Rd Property ID # 69A 1 2 Address 6909 Ridge Rd Marriottsville,] Property ID # 69 132 3 Address 1951 Back Mountz Property ID # 69A 1 Address 503 Walnut Property ID # — FQA 132 S Address 4043 Gilford Ct. n Property ID # ddress 114 Wright, George Peter Jr. A 'p Thrush, John P. Ruth A. Ernst, Michael G. Brenda L. , r , leasant Drive PropertyID# 69A 132 7 Address Neoba R oxbury 1724 Property ID # 69A 132 E Address 140 Beaver TRL. 1D 69 A 132 9 1 B. 12• The following names and addresses are all of the individuals, Property adjacent to the property firms, or corporations owning for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Property Identification Number.) Ernst, Michael G. 140 Beaver TRL. Address & Brenda L. Property ID# Ernst, Michael G. 32 1 Address 140 Beaver TRL. Winchester & VA 22602 Brenda T, Property ID # Saville, Brian B. Address winchenterary Dr. 4A 22603 Property ID 69A 132 12 Mitchell, Clarence W. Address Thu- 6508 Fish Hatche ry Rd. mont MD 21 788 Property ID # 69 132 Paramount Corporation Address 503 Walnut Rd. a . MD 91140 Property ID # 69A 132 14 Paramount Corporation- Address 503 Walnut Rd R' M12 2114 Property ID # 6 9 A 132 15 Milano, Dominic J. Address 4845 Norrisville Rd. Property ID # Paramount Corporation Address 503 Walnut Rd. PropertyID# 69A 132 17 Lebrum, Charles S. Sr. Address 191 Van Buren Rd. Ba more MI 21205 Property ID# 69A 132 18 Funk, Gilbert R. Address 422 Elmwood Rd. Property ID # Matthews, David C. Address 104 Buffalo TRL. & 22 Linda J. Property ID# C. 12. The following names and addresses are all of the individuals, firms, or corporations owning Property adjacent to the property for which the appeal is being sought, including properties sides, rear, and in front of (across street from) the subject prop at the erty. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Prope Identification Number.) NAME MattXevs, David C. Matthews, David C. Linda J. Matthews, David C. Linda J. Matthews, David C. Linda J. Medlin, Lewis E. Jean P. Horton, William J. Bradley J. Thurber, Charles H. Jr Cave, Michael Andrew Teresa M. Perry, Stuart M. INC Huntt, Charles E. Jr. Debra J. Old Virginia Land, LLC Address 104 Buffalo TRL: Winchester VA 2; Property ID # Addre 104 Buffalo TRL WinchPC +P VA � Property ID # 6 9A 13 2 22 Address 114 rsuffalo TRL. in PropertyID# 69A 132 23 R dr lq Buffalo TRL. Winchester # 69A 132 24 3105 Plantation L # 69A 132 901 Ward ensville # 510 Essex Ave. rin fifp-li, 17A Property ID# 69A 130 54 Address 212 Tomahawk TRL. Winrha tar vn 22 Property ID# 69A ran F� Address 117 Limestone Ln. Wi nrha + ACA 221 Property ID # 69A 130 36 Address 713 Strasburg St. Manassas V 010c Proper ID 6 9 A I -j n s Address 101 Lee St. GR. M 0 D. 12. The following names and addresses are all of the rear, individuals, firm wning s, or corporations o Property adjacent to the property for which the appeal is being sought, including properties at the sides, re, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Prooe Identification Number.) m Kleiderlein, Robert B. Address "I' Aster TRI Star Tannery, ZhriSting Property ID# 69A 130 Nicholson Will +am E Addre P.O. Box 1 22654 2 . Sr. ss Star Tannery, VA 22654 Lillie L. Property ID 69 1 ox Nicholson, William E. Sr. Address Star Tann Littleton, Mark R. Richard, Martha Lane Naomi H. Paramount Corporation Enstrom, Ryan Kathleen Foster, Ray H. Buckner, Richard W Paramount Corporation VA 22654 Property ID# 69 1 8 Address 6341 war ensva: Star Tannery I Property ID # 3 Address 136 Lambden Avent Winchge VA 2 Property ID# 6 9 A 47 Address 503 Walnut Rd. Riva MD 21140 Property ID # Address 15500 Morning Mist Pl Atlff�'IP S\ l 1 l P T n '7 Property ID # 69A 132 127 Address 19360 Magnolia tansdown VA 20 Property ID # F g A ? l A Address 1118 Lake Ridge Sunderland MD Property ID # 69A 132 12� Address 503 Walnut Rd. 7 ;i v nary 21 140 Property ID # 69A 132 130 Address ?26 q, Un 7 1M