HomeMy WebLinkAbout06-05 Application0 0
VARIANCE APPLICATION 906 -05
LAWRENCE PLASTERS
Staff Report for the Board of Zoning Appeals
Prepared: February 28, 2005
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick Planning SldffIo provide information to the Board
of Zoning Appeals to assisl them in making a decision on This request. It may also he usef it to
others interesled in this _oning ntaller.
BOARD OF ZONING APPEALS HEARING DATE:
March 15. 2005 - Actio 12 nd-4
APPROVE D
LOCATION: Otf of Wardensville Grade (Route 608), right onto Capon Springs Trail, right onto
Aster Trail, and third lot on the right.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY Ill NUMBER(S): 69AOI -30 -10
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Vacant
VARIANCE REQUESTED: The applicant is requesting a variance of 25'front and rear. and
40` left and right sides.
REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA
setbacks and prevents any new structure to be built.
0 0
Variance Request 406 -05, Lawrence Plasters
February 28, 2005
Page 2
STAFF COMMENTS: This property was created in 1970 as noted by the deed and plats included
in your agenda. Frederick County adopted performance zoning inl967. The Frederick County
historical zoning map shows this property was zoned A -1 (Agricultural Limited) in 1967. The
property setback lines at the adoption of the zoning ordinance were 35'front and 15 'sides. Frederick
County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural
Areas) zoning district. The current setbacks for property in the RA zoning district abutting lots with
residential use are: 60'front, 50'rear and sides.
STAFF CONCLUSIONS FOR THE MARCH 15, 2005 MEETING: The Code of Virginia,
Section 15.2- 2309(2), states that no variance shall be authorized by the Board unless it finds that a)
strict application of the Ordinance would produce an undue hardship; b) that such hardship is not
shared generally by other properties in the same zoning district and the same vicinity; and, c) that the
authorization of such variance will not be of substantial detriment to adjacent property, and that the
character of the district will not be changed by the granting of the variance.
The applicant is seeking a variance of 25' front and rear, 40' left and right sides of this property.
Should this variance be granted, the building setbacks for this property would be: 35' front, 25'rear
and l O'sides of the property It appears that this variance meets the intent of the Code of Virginia.
Section 15.2 -2309 (2), and this request for a 25'front and rear, 40' left and right sides variance from
the current setbacks of the RA zoning district may be justified.
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APPLICATION FOR VARIANCE
IN THE
1. The applicant is the owner _Z other
2. APPLICANT:
NAME: /DZ4fT— es
ADDRESS ( 1 / 0 1?461<
Zo4/2 W iw y��Ir��e 1 ZLG oL
(Check one)
OCCUPANT: (if different)
NAME:
ADDRESS:
TELEPHONE: (fVo) V 7 - lF I VY TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
S� W SIT % D /a /`� hoc �/ 1+1F(l�Al lyftC 1 �rp// C00 �Jyl&e/
A.1 4141IF7
4. The property has a road frontage of / 0 feet and a depth of 2 a feet
and consists of �A acres (please be exact).
ZoOoo S7• �T
Page 5 of 9
COUNTY OF FREDERICK, VIRGINIA
5. The property is owned by as evidenced
by deed from 1 1V4 /F I alc F ^ y 1v4- recorded (previous owner) indeed book
no. 8A 0 on page of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: 1�&K C
7. Property Identification No.: l J 0 / - � 0 - /
8. The existing zoning of the property is: /'4 , e-nl /nc -✓ Ir - 14�_
9. The existing use of the property is: (1A C4n1D -
10. Adjoining Property:
USE ZONING
North V,4" AI — M
East V4e_4N7— C4
South y4C4_V
West ✓ R c�7^�? pq
11. Describe the variance sought in terms of distance and type. (For example: "A 3.5'
rear yard variance for an attached two - car garage. ")
— FVS T /Nl, �Fi - 4r -_ kl FO Z J H14 w v.- e J?A16 i
12. List specific reason(s) why the variance is being sought in terms of:
- exceptional narrowness, shallowness, size or shape of property, or
CL, 4W.N:+ -V 44S fo YOckJ .ter S t5;=r 0 y /Oo F7_ moo`
exceptional topographic conditions or other extraordinary situation or condition of
property, or
the use or development of property immediately adjacent thereto
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Page 6 of 9
c a tir.eycr r�O,lc .r4io //01 n /0 o s
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13. Additional comments, if any: c,c.v
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14. The following names and addresses are all of the individuals, firms, or corporations
owning property adjacent to the property for which the variance is being sought,
including properties at the sides, rear and in front of (across street from) the subject
property. (Use additional pages if necessary.) These people will be notified by mail
of this application:
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Property ID #
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Property ID #
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Property ID #
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Property ID #
Page 7 of 9
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15. Provide a sketch of the property (you may use this page or attach engineer's drawing).
Show proposed and/or existing structures on the property, including measurements
to all property lines and to the nearest structure(s) on adjoining properties. Please
include any other exhibits, drawings or photographs with this application.
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Page 8 of 9
0
AGREEMENT
VARIANCE # 6 6 _ VS—
(Number to be assigned by the Planning Dept.)
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 hearinn2 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 k -- - -
SIGNA
DATE
SIGNA
- OFFICE USE ONLY-
BZA PUBLIC HEARING OF 3 / /5 - /D 5 ACTION:
-DATE-
APPROVAL SIG�R- -
BZA CHAIRMAN
DENIAL DATE: .I IEI o
Page 9 of 9
County of Frederick Setback Retort
Winchester VA 22601
-IEE% AGENT:
OWNER NAME /ADDRESS SITE ADDRESS
PLASTERS, LAWRENCE E
Aster Traii
640 BACK MDSyTA/N RD Lot 10 00000
WISCHESTER, VA 22602
PHON - E: 540 -877 -9443
i 3
PERMIT NUMBER: 0000195 - 2005
USBC: 2000
AP- LICATION DATE: 1/25/2005
ISSUANCE DATE:
RENEWAL DATE:
DATE: 1127/2005
CONTRACTOR NAME /ADDRESS
OWNER
'HONE:
RE ACCOUNT #: 21442 DESCRIPTION OF CONSTRUCTION LOCATION
TAX "AP NO.: 69A 130 10 LOT: 10 BLOCK: SECTION: BLDG NO.:
------------------------------------------------------------------------------------------------------------------------
SET- BACKS: HEALTH PERMIT NO.: DISTRICT: BACK CREEK
FRONT: 40' BACK: 130' F'OCDPLAIN: SUB - DIVISION;
RIGHT: 25' LEFT: 25' AREA: Round Hill ZONE: Rural Areas
C%',R : FRTGE: RIGHT -OF -WAY: S/E CUP NO.: SITE PLAN:
DIRECTIONS TO SITE: Rt. 50W to Rt. 614, Rt. 600 intersects with Rt. 608,
4 mites on ''Warbensville Grade, will be right on Capon Springs Trail, 400
feet, right on Aster Traii, lot on right, 3rd lot in.
Map Book:
USE GROUP: Use Group "R"
Residential
USE CODE: Single Family Dwelling
So FEET:
CNST.TYPE: New
NATURE /WRK: Single Family Dwelling
---------------------------------------------------------------------------------------------------------------
Setback Reoort
* MINIMUM
*
SETBACKS * FRONT
35' * BACK 25'
* RIGHT 10
*
LEFT 10' * -
*
*
*
*
*
----------------------------------------------------------------------------------------------------------------
jOB VALE:
PERMIT FEE:
--------------------------------------------------------------------
SURVEYOR INFCRMATIOti
NAME:
FRONT: BACK:
DATC OF SURVEY:
RIGHT: LEFT: SEAL
TOTAL F'E'ES:
-------------------------------------
------------ -- --------- ---- - - --
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REQUIRED SIGNATURES
Coun of Frederick, Virgka 2
INSPECTIONS DEPARTMENT
11 '
THIS CARD MUST BE POSTED ON THE JOB SO IT CAN BE SEEN FROM THE ROAD
Protect From Weather
This PERMIT is issued for construction in accordance with the provisions of the
VIRGINIA UNIFORM STATEWIDE BUILDING CODE
Permit Number Ms-'07S Date '2
Owner
Type Buildin (,;, wl Qa�...� n d. c 1! d*
a- -1 L-1mAly -t
INSPECTIONS
Contractors, Erectors, or Owners of buildings or structures must notify the Inspector at the
following points of construction, and they shall not proceed beyond these points until the
Building Inspector has inspected and approved the work.
Inspectors Failure to call for inspections constitutes A VIOLATION OF THE LAW.
Initials
o.k. Date
_ 1.) FOOTING INSPECTION: Call for footing inspection after the footings have
been excavated, any forms and steps have been constructed, any reinforcement has
been installed and grade pins have been set prior to placing any concrete.
2.) FOUNDATION INSPECTION: Call for foundation inspection after, foundation
walls have been constructed and waterproofed, anchor bolts have been installed,
prior to doing any backfilling.
3.) SLAB INSPECTION: Basement and floor slabs, poured concrete foundation
walls, and any self supporting slabs must be inspected to ensure placement of vapor
barriers and reinforcements, or contraction joints 30' on center.
4.) FRAMING INSPECTION: Call for framing inspection after all framing,
firestopping, rough plumbing, electrical, masonry, including fireplaces and
chimneys are complete and prior to concealing same.
5.) INSULATION INSPECTION: Call for insulation inspection after insulation is
installed.
6.) FINAL INSPECTION: Call for inspection when structure is complete and ready
for occupancy.
7.) OTHER INSPECTION:
In addition to the called inspections above, the Building Department may make or
require any other inspection to ascertain complaince with the Code.
8.) Call for plumbing and electrical inspections as needed and prior to concealing
same. To schedule any of the above listed inspections please call 665 -5650.
MECHANICS LIEN AGENT INFORMATION _
Name:
Address: Building Official/Inspector
Phone Number:
�� NONE DESIGNATED
REGIONAL SALES CONTRACT
This SALES CONTRACT ( "Contract ") is made on February 11 , 2005 ( "Contract Date ")
between Daniel W. Hurrier ('Purchaser')
and Tocsfp uce Construction L L C ('Seller') who
hereby confirm and acknowledge by their initials and signatures below the prior disclosure that in this real estate transaction
Keller williams Realty ( " Listing Company') represents
the Seller, and Keller Williams Realty ( " Selling Company') represents
Dif the Purchaser OR ❑ the Seller. The Listing Company and Selling Company are collectively referred to as ('Broker'). (If the brokerage firm is acting
as a dual representative for both the Seller and the Purchaser, then the appropriate disclosure form is attached to and made a part of this Contract.)
1. REAL PROPERTY. The Purchaser will buy and the Seller will sell for the sales price ('Sales Price'), the Sellers entire interest in the
land (with all improvements, rights and appurtenances) described as follows: TAX Map /ID # 69 A 01 -30 -10
Legal Description: Lot(s) lot 10 Aster Trail Block /Square , Section 30
Subdivision or Condominium Shawneeland , Unit # , Parking Space(s) # all ,
County/City Winchester . Deed Book/Liber Page /Folio # ,
Street Address: Lot 10 aster Trail - Shawneeland State VA Zip Code 22603 , ('Property ").
2. PERSONAL PROPERTY, FIXTURES AND UTILITIES. The Sales Price includes the following personal property and fixtures: A. Any
existing built -in heating and central air conditioning equipment, plumbing and lighting fixtures, sump pump, attic fans, storm windows, storm doors,
screens, installed wall -to -wall carpeting, window shades, blinds, smoke and heat detectors, tv antennas, exterior trees and shrubs and, B. The items
marked YES below as currently installed or offered.
YES NO YES NO YES NO YES NO
E ❑ Stove or Range ❑ E Disposer E ❑ Ceiling Fans) # 2 ❑ E Alarm System
❑ E Cooktop ❑ E Freezer ❑ E Washer ❑ E Intercom
❑ E Wall Ovens) # _ ❑ E Window Fan(s) # _ ❑ E Dryer ❑ E Storage Shed(s) #
E ❑ Refrigerator(s) # 1 ❑ E Window A/C Units) # ❑ E Furnace Humidifier E ❑ Garage Opener(s) # 2
E ❑ w/ Ice maker(s) # _ ❑ E Pool, Equip. & Cover ❑ E Electronic Air Filter E ❑ w/ remote(s) # 2
E ❑ Dishwasher ❑ E Hot Tub, Equip. & Cover ❑ E Central Vacuum ❑ E Playground Equipment
E ❑ Built -in Microwave ❑ E Satellite Dish & Equip. ❑ E Water Treatment System ❑ E Wood Stove
❑ E Trash Compactor ❑ E Window Treatments E ❑ Exhaust Fans) ❑* E Fireplace Screen /Doors
Other:
WATER, SEWAGE, HEATING AND CENTRAL AIR CONDITIONING: (Check all that apply)
Water Supply: ❑ Public E Well 1 Hot Water: ❑ Oil ❑ Gas E Elec. ❑ Other
Sewage Disposal: ❑ Public E Septic # BR 2 Air Conditioning: ❑ Oil ❑ Gas E Elec. ❑ Heat Pump ❑ Other
Heating: ❑ Oil ❑ Gas E Elec. $I Heat Pump ❑ Other
3. EQUIPMENT, MAINTENANCE AND CONDITION. The Purchaser accepts the Property in the condition as of the Contract Date except
as otherwise provided herein. The Seller warrants that the existing appliances, heating, cooling, plumbing, electrical systems and equipment, and smoke
and heat detectors (as required), will be in normal working order as of the possession date. The Seller will deliver the Property in substantially the same
condition as on the Contract Date and broom clean with all trash and debris removed. The Purchaser and the Seller will not hold the Broker liable for any
breach of this paragraph.
4. PRICE AND FINANCING
A. Down Payment
B. Financing 1. First Trust
2. Second Trust
3. Seller Held Trust - addendum attached
TOTAL FINANCING
SALES PRICE
$ MI 1 000 c
$ - 7,
$
Regional Sales Contract - 9/99 K1261 Page 1 of 5 Please initial. Purchase / — Seller — / —
Keller Williams Realt 611 W. Jubal Early Drive Winchester. VA 22601
Phone: (540) 665 - 2200 353 Fax: (540)535-1041 Amanda Slate Daniel Burrier
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COUNTY of FREDERICK
Inspections Department
John S. Trenary, Building Official
540/665 -5656
CERTIFIED MAIL Fax 540/678 -0682
February 23, 2005 I ��
I �,1
FEB 2 5 2005
iERICK COUNTY
Mr. Lawrence E. Plasters DEVELOPMI
640 Back Mountain Road
Winchester, VA 22602
RE: Lot 10, Duck Run, Tax Map Number 69A- 1 -30 -10
Dear Mr. Plasters:
This office received a letter from the Planning Department requesting a stop work order
be placed on the above mentioned job, due to the wrong building setback lines being
approved (copy enclosed). This is a violation under the following sections of the
Uniform Statewide Building Code.
Section 111.7 Functional design approval. Pursuant to S 36 -98 of the Code of
Virginia, certain state agencies have statutory authority to approve functional design and
operation of building related activities not covered by the USBC. The building official
may refuse to issue a permit until the applicant has supplied certificates of functional
design approval from the appropriate state agency or agencies. For purposes of
coordination, the locality may require reports to the building official by other
departments as a condition for issuance of a building permit or certificate of occupancy.
Such reports shall be based upon review of the plans or inspection of the project as
determined by the locality. All enforcement of these conditions shall not be the
responsibility of the building official, but rather the agency imposing the condition.
120.1 Stop Work Order; Notice to owner. When the building official finds that work
on any structure is being executed contrary to the provisions of the USBC or any
pertinent laws and ordinances or in a manner endangering the general public, an order
may be issued to stop such work immediately. The stop work order shall be in writing. It
shall be given to the owner of the property involved, or to the person doing the work. It
shall state the conditions under which work may be resumed. No work covered by a stop
work order shall be continued after issuance, except under the conditions stated in the
order.
107 North Kent Street • Winchester, Virginia 22601
0 0
Plasters Letter
Page T«o
This letter is to serve as a official stop work notice. No work is to proceed until the
setback issues have been resolved and confirmation of approval is given by the Planning
and Development Department. Please be aware that the above is subject to appeal under
Section 106 of the Uniform Statewide Building Code.
Sinc•el ly,
John S. Trenary, C 3 A
Building Code Official
cc Mark R. Cheran, Zoning Administrator
E
COUNTY of FREDERICK
February 23, 2005
Frederick County Inspections Department
Attn: John Trenary Frederick County Building Official
107 N. Kent Street
Winchester, VA 22601
RE: Stop Work Order for Zoning Violations
Dear John:
Department of Planning and Development
540/665.5651
FAX: 540/665-6395
This letter is to inform you that a building permit has been issued with the wrong building setback
lines (Permit 195 -05). I am requesting a stop work order be issued for this permit. The applicant is
in the process of abating this violation
Please contact me at (540) 665 -5651 regarding any questions that you may have.
Sincerely,
Zoning Administrator
MRC /bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
0 z
Health Department
Identification Number 069 O q /l 7
� drawing of sewage disposal and /or water supply system and topographic features.
Show the lot lines of the building site, sketch of property showing any topographic features which may impact on the design pf the
i well or sewage disposal system, including existing and/or proposed structures and sewage disposal systems and wells within 200
r i feet. The schematic drawing of the well site or area and/or sewage disposal system shall show sewer lines, pretreatment unit,
pump station, conveyance system, and subsurface soil absorption system, reserve area, etc. When a nonpublic drinking water
supply is to be permitted, show all sources of pollution within 200 feet.
❑ The information required above has been drawn on the attached copy of the sketch submitted with the application.
Attach additional sheets as necessary to illustrate the design.
^r6
0 76 —
5'
I I I i t I I
100 I I I I I I
I I I I I
KEEP DRAINFIELD 5'+
FROM PROPERTY LINE
IL - - SEPTIC/ TANK
A M
100
.,,
SHALLOW PLACED LP
RESERVE AREA 25 BY 70
PROPOSED WELL
5' FROM PROPERTY
LINES
INSTALL 6 -85' DITCHES ON CONTOUR
KEEP HOUSE 20'+ FROM RESERVE AREA AND SEPTIC TANK AND 50'+ FROM WELL.
KEEP WELL 50'+ FROM ALL DRAINFIELD COMPONENTS AND HOUSE.
This sewage dd osal system and /or water supply is to be constructed as specified by
the permit -P attached plans and specifications .
This sewage disposal system and/or well construction permit is null and void if (a) conditions are changed from those shown on the
application (b) conditions are changed from those shown on the construction permit.
No part of any installation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health
department or unless expressly authorized by the local health dept. Any part of any installation which has been covered prior to
approval shall be uncovered, if necessary, upon the direction of the Department.
S
Date: 9 6 Issued by: This Construction
an ermit Valid until
Date: 9 —� S ' Reviewed by: Gc ni[ar an Supery 0 7 19 - G 4'
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#1789
MARJEC, INCORPORATED
DEED OF DEDICATION
300.K 367 PgE 583
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M15111 III IIA:I
THIS DEED OF DEDICATION, made, and dated this 13th
day of July, 1970, by Marjec, Incorporated, a corporation
organized and existing under the lawn of the State of Maryland
and licensed to do business in the State of Virginia, which is
the land owner in those four (4) certain plats and surveys,
to -wit: Plats 1 and 2, Section 30, Shawnee Land, dated June 5,
1970, and Plats 3 and 4, Section 30, Shawnee Land, dated June
30, 1970, all of which are drawn by Darrell E. Rodgers, Certified
Land Surveyor, and attached hereto and made a part of this
deed of.dedication.
WHEREAS, the Board of Pireccors, of Marjec,
Incorporated by its Charter and By -laws, has authority to buy,
subdivide and sell real estate; and,
WHEREAS, the Board of Directors of Marjec,
Incorporated on Motion duly made, seconded and passed at a
regularly called meeting for this purpose, by its consent and
authority has approved the aforesaid plats for the subdivision
of its land lying and being situate about ten (10) miles Southwes
of Winchester, Virginia, in Back Creek Magisterial District of
Frederick County, Virginia, ad designated as follows: "Plat 1,
Section 30, Shawnee Land ", containing lots 1 through 7, and 18
through 24, fronting on Abelia Trail and Capon Springs Trail;'
i
"Plat 2, Section 30, Shawnee Land" containing lots 7 through 18,
and fronting on Capon Springs Trail and Aster Trail; "Plat 3,
Section 30, Shawnee Land" conta ining.lots 25 through 31 and 39
through 45, fronting on Beta Trail and Capon Springs Trail; and
BOOK 367 PARE 584
"Plat 4, Section 30, Shawnee Land ", containing lots 31 through
39, fronting on Capon Springs Trail and Bee. Trail. This is
property that was conveyed to Marjec, Incorporated by deed from
Robert Cone Williams and wife, dated June 19, 1956 and rem rded
in the Clerk's Office of the Circuit Court of Frederic k County,
.Virginia, in Deed Book 242, Page 26.
WHEREAS, the said deed of dedication does not
include the dedication of streets, trails, or rights of way set
forth on said plats for the use and benefit of the public,.but
only as a right of way to and from said lots for the use and
benefit of the lots owners and members in good standing and their
Approved guests, agents and invitees of the Grantor and its
successors in title; and,
WHEREAS, it was further resolved by the Stockholders
of Marjec, Incorporated that the President and Secretary of
Marjec, Incorporated be directed to executi- and acknowledge:: the
same on behalf of the Corporation and to see to it that it is
approved by the proper officials of said County and State, and
that the same be recorded by the Clerk of the Circuit Court of
Frederick County, Virginia among the land books of said County.
This deed of dedication to said lots is made subject
to all the following restrictions and covenants which shall be
deemed to run with the land for the mutual protection and
benefit of all lot owners:.
(1) No structure or building of any kind, or
construction of any sort shall be placed or constructed upon this
property unless and until plats and description of same shall have
2 -
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Boa 367 vnc 585
been submitted in duplicate to, and approved in writing by the
Architectural Committee appointed -by the Board of Marjec, Inc.,
or other proprietor.
(2) Except with the written consent of the
- Architectrual Committee, no structure, tent, outside toilet, or
other living quarters, temporary or permanent, shall be place d
upon any part of the property covered by this deed of dedication.
The use of house trailers is not permitted in the subdivision
development known as Shawnee Land.
(3) Building may be of a contemporary period or
modern deisgn, and may be constructed of wood, logs, stone,
masonry or composition, but must be finished or painted in such
a manner as not to detract from, or mar the natural beaty of the
surroundings.
(4) In the event a non - governmental central water
system is installed, or this property is on an existing system
which se vices the lot in this deed of dedication, there will be
a minimum nnual front foot benefit fee of 15 cents per front
foot, not to exceed 100 feet per lot. This charge will become
effective only after the non - governmental water system is avail-
able to the lots in this deed of dedication.
(5) No outhouses shall be permitted on any part
of the property. All toilet facilities must be within the main
dwelling.
(6) No structure may be placed nearer'than twenty -
i five feet from any front'Lor ten feet from any side or rear line
n of any abutting property line.
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(12) No open fires shall be permitted on any .p
of the property. outdoor fireplaces, if built, and all chimneys
shall be provided with fire screens. -
i" h 11 be used for any other than.,
booK 367. P >u 586
(7) No cabin or dwelling shall be built unless it
contains a minimum floor area of 400 square feet exclusive of
porches and patios, and the side nearest the 'road is at least
20 feet wise.
(8) No more than one building (single family use)
may be built on any one lot except on lots designated for
multiple units.
(9) Garages, porches and patios, carports or
car shelters, if built, shall be attached to, and a part of the
main dwelling. .
(10) No lot may be subdivided, or easements granted
written withowritten approval by Marjec; Inc., or other proprietor.
(11) Members and their guests shall comply with all
existing or future Federal, State and County laws, regulations,
ordinances and the like, or any duly promulgated regulations of
the Board of.Marjec, Inc., or its assigns.
art
(13) No bu i s ng a
single family residential purposes (except on lots otherwise
designated by Marjec, Inc., or other proprietor) and no offensive
trade or other offensive activity shall be carried on, on said
lots, nor shall anything be done thereon which may constitute
or become an annoyance or a nuisance.
(14) No trees over two inches in dhmeter shall be
cut doom without permission of the Architectural Committee.
II 4 -
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Boot 367 ern 587
(15) No signs of any nature . whatsoever shall be
permitted on the property except one name sign not exceeding .
6 inches in height and 36 inches in length.
(16) Garbage must be kept; in covered metal
containers, or buried, and trash, tin cans, bottles, paper, etc.
shall be kept in wire or containers, or buried.
(17) No rifles, shotguns or sma 11 arms shooting
shall be permitted anywhere in Shawnee Land, except in areas
. reserved and designated for such use by Marjec, Inc.
(18) All roads and driveways within the property
4ereby conveyed are to remain private, to be used by members in
good standing and their approved guests only.
(19) Seller reserves a right -of -way with right of
entry upon, over, across and through said lot for the purpose of
constructing, operating, maintaining and repairing, pcle lines
for electrical and telephone service, and other utilities,
reserving to the seller the sole right to convey the rights
hereby reserved.
(20) All Membership Applications and Sales Contrac
including originals, resales, etc. are subject to the approval
of the Board of Directors of Marjec, : Inc., or other proprietor
and the right of said Board of Directors to refuse said contracts
and applications is reserved. Membership in the Dhawnee Land'
Club in the subdivision development known as Shawnee Land is
mandatory for all persons owning property in Shawnee Land.
(21) This deed of dedication does nctinclude the
dedication of the streets, trails or rights of way set forth on
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s60K 367 FEE 588
said plats for the use and benefit of the public, but only as a
right of way to and from said lots for the use and benefit of
the members in good standing and their approved guests.
The said Corporation does hereby declare that it is
the owner of said property and that it desires to dedicate and
does hereby make this deed of dedication of said subdivision of
its own free will and consent.
6 ITNESS the following signatures of Donald R.
Lamborne, President of Marjec, Incorporated, and its Corporation
... Seal hereto affixed and attested by Jean Lamborne, its Secretary,
h
COfirst date hereinabove written.
MARJEC INCORPORATED
By
�'�'��' ^•'�,I Donald R. Lamborne, President
'r
(Corporate Seal) /
Attest By:
Secretary
STATE OF MARYLAND
COUNTY OF MONTGOMERY, To -wit:
I, N.R. SGula , a Notary Public
in and for the State and County aforesaid, do hereby certify that
D. R06_156,' I 1 3£rw -
`• „.3W ...''` „ R. Lamborne, and le — L.. h President andIlSecretary
. .... . ... . . +• . 'Sr. "lss pectively of Marjec, Incorporated whose names are signed to
.0
;SZ Foregoing deed of dedication bearing date the 13th day of
j .�:Ic71y, 1970, have personally appeared before me in my County and
j State aforesaid, and acknowledged the same.
„e Given under my hand this µ.n day of r, 1970
Mycommission expires Iw Cc7;zkalon Glhr, July 1, /
i
Notary Pub lie
6
•
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540 /665 -6395
February 23, 2005
Frederick County Inspections Department
Attn: John Trenary Frederick County Building Official
107 N. Kent Street
Winchester, VA 22601
RE: Stop Work Order for Zoning Violations
Dear John:
This letter is to inform you that a building permit has been issued with the wrong building setback
lines (Permit 195 -05). I am requesting a stop work order be issued for this permit. The applicant is
in the process of abating this violation
Please contact me at (540) 665 -5651 regarding any questions that you may have.
Sincerely,
X R. E eerai;
Zoning Administrator
MRC /bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
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SCULLY
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GLASS
ATTORNEYS AT LAW
20 SOUTH KENT STREET
MNCHESTER. VIRGINIA
THIS DEED, made and dated this /0041day of October, 2004, by and
between WAYNE A. PUTNAM TRUSTEE, ano'JOYCE C. PUTNAM TRUSTEE, as
Trustees MMABI the Putnam Fa pity TiMSt dated Oecembei 1, 7995 parties of the
first part, hereinafter called the Grantors; and LAWRENCE E. PLASTERS party of
the second part, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the sum of Ten Dollars
($10.00), cash in hand paid and other good and valuable consideration, receipt
whereof is hereby acknowledged, the Grantors do grant and convey, with General
Warranty and with English Covenants of Title, unto the Grantee, in fee simple, all
of the following realty:
All of that certain lot or parcel of land, together with all rights,
rights of way, privileges, any improvements thereon and
appurtenances thereunto belonging, lying and being situate in Back
Creek Magisterial District, Frederick County, Virginia, designated
as LOT 10, PLAT 2, SECTION 30, SHAWNEE LAND
SUBDIVISION, as described and set forth in the Deed of
Dedication of Marjec, Inc., dated July 13, 1970, of record in the
Office of the Clerk of the Circuit Court of Frederick County,
Virginia, in Deed Book 367, at Page 583; AND BFIA10 the same
property conveyed to the Grantors herein by Deed of Gift from
Wayne A. Putnam and Joyce C. Putnam, husband and wife, dated
December 1, 1995, recorded in the aforesaid Clerk's Office in
Deed Book 850, at Page 86.
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Reference is here made to the aforesaid instruments, the attachments
thereto and the references therein contained for a further and more particular
description of the property hereby conveyed.
This conveyance is made subject to all legally enforceable restrictive
covenants and easements of record affecting the aforesaid realty.
WITNESS the following signatures and seals:
(SEAL)
WA E A. PUTNAM, TRUSTEE
4 ( �c -r"'J (SEAL)
. JOY 6E C. PIJTNAM, TRUSTEE
SCUUY
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GLASS 2
ATTORNEYS AT LAW
20 SOUTH KENT STREET
MNCHESTER, VIRGINIA
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STATE OF MARYLAND
0 0VOV " OF �tLi � ��� i s , to -wit:
I
I, N'JfG - 4 S� , a Notary Public in and for
the State and jurisdiction aforesaid, do hereby certify that Wayne A. Putnam,
Trustee, and Joyce C. Putnam, Trustee, whose names are signed to the foregoing
Deed, bearing date of the a�s� day of October, 2004, have this day personally
appeared before me and acknowledged the same in my State and jurisdiction
aforesaid.
Given under my hand this , day of October, 2004.
Notary Public•'.,, s
My commission expires b
DANIEL A. STERN
NOTARY PUBLIC STATE OF MARYLAND
My Commission Expires January 31, 2005
- ''tvei!ii?S Lromz.�
i This { u;stnT� � � "3 , _� q ! .
SCULLY
GLASS ` ✓ ty �� ..
ATTORNEYS AT LAW
XI SOUTH KENT STREET
mwrwrQwp vlpruwi&
GIS,
G, GRAPHICS
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DATE
REQUESTING AGENT:
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DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS
FREDERICK COUNTY, - yIRGINIA
REQUESTED COMPLETION DATE:
Department, Agency, or Company: -
Mailing and/or Billing Address:
Telephone: _
E -mail Address:
FAX:
ESTIMATED COST OF PROJECT:
DESCRIPTION OF REQUEST: (Write additional information on ba e4uestZ
QEQc.IG�Sj -4G
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DIGITAL: PAPER: FAX: E -MAIL:
SIZES:
COLOR: BLACK/WHITE: NUMBER OF COPIES:
STAFF MEMBER_
COMPLETION DATE:
MATERIALS:
DATE OF PICK- UP/DELIVERY:
AMOUNT DUE:
AMOUNT BILLED:
METHOD OF PAYMENT:
HOURS REQUIRED:
CHECK NO.
Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665 -5651)
69A- i -3o -ro
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14. The following names and addresses are all of the individuals, firms, or corporations
owning property adjacent to the property for which the variance is being sought,
including properties at the sides, rear and in front of (across street from) the subject
property. (Use additional pages if necessary.) These people will be notified by mail
of this application:
NAME
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TO: Barbara• Data Processing
Page 7 of 9 FROM: Bev - Planning Dept.
Please print sets of labels by:
3 A o T TRANKS111
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540/665 -6395
NOTIFICATION OF PUBLIC HEARING
March 1, 2005
TO: THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE REQUEST #06 -05 OF LAWRENCE PLASTERS
T°. 1 "`
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, March 15, 2005, 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:
Variance Request #06 -05 of Lawrence Plasters Ior 35 foot front yard, 25 foot rear yard and 10 foot
left and right side yard setback requirements due to shallowness of lot. This property is located off
of Wardensville Grade (Route 608). right onto Capon Springs Trail, right onto Aster Trail and third
lot on the right. The subject property is identified with Property Identification Number 69AOI -30 -10
in the Back Creek Magisterial District.
Any interested parties having questions or wishing to speak may attend this hearing. A copy of the
application will be available for review at the Handley Library or the Bowman Library the week of
the hearing, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia.
Sincerely.
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'Nlar� k R. Cheran
Zoning and Subdivision Administrator
MRC /bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
This is to certify that the attached correspondence was mailed to the following on
3 A /o S from the Department of Planning and Development, Frederick
County, Virginia:
69A - 130- 10-
PLASTERS, LAWRENCE E
640 BACK MOUNTAIN RD
WINCHESTER,VA 22602
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69A - 1 -30- 9-
FEAGANES, JOHN E.
CIO GUSTAVA R FEAGANES
1355 LONGVIEW DR
WOODBRIDGE, VA. 22191.2301
69A - 1 -30 11.
ANDERSON, MARSHALL D
14150 PEACEFUL PL
MECHANICSVILLE, MD 206594067
69A - 1 -30- 15-
SHEFTELMAN, DAVID N. JR.
132 PEWTER LN
STAFFORD, VA. 22554 -1517
69 -A 1-
FRALEY, CHARLCIE B.
427 SYLVAN LN
WILMINGTON, NC 28409 -2815
Mark R. Cheran
Zoning & Subdivision Administrator
Frederick County Planning Dept.
I, a Notary Public in and for the State and County
aforesaid, d here y certify tha Mark R. Cheran, Zoning & Subdivision Administrator, for the
Departynept of Planning and Development, whose name is signed to the foregoing, dated
3 0 S , has personally appeared before me and acknowledged the same in my
State and County aforesaid.
STATE OF VIRGINIA
COUN OF FREDERICK
Given under my hand this day of 7 ftz� �OD�
My commission expires on C)LO
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14. The following names and addresses are all of the individuals, firms, or corporations
owning property adjacent to the property for which the variance is being sought,
including properties at the sides, rear and in front of (across street from) the subject
property. (Use additional pages if necessary.) These people will be notified by mail
of this application:
NAME
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TO: Barbara- Data Processing
Page 7 of 9 FROM: Bev Planning Dept.
Please print �L sets of labels by:
3 THANKSIII