Legals 08-02-17

Published 3:30 pm Tuesday, August 1, 2017

TRUSTEE’S SALE OF

13489 Courthouse Highway Smithfield, VA 23430

In execution of a Deed of Trust in the original principal amount of $155,087.00, dated October 17, 2014, recorded among the land records of the Circuit Court for Isle of Wight County on November 18, 2014, as Instrument Number 140004251, the undersigned appointed Substitute Trustee will offer for sale at public auction, at the main entrance of the courthouse for the Circuit Court of Isle of Wight County, 17000 Josiah Parker Circle, Isle of Wight, VA on September 14, 2017 at 4:00 PM, the property described in said deed of trust, located at the above address and briefly described as: ALL OF that certain lot, piece or parcel of land situate, lying and being in Newport Magisterial District, Isle of Wight County, Virginia, on the Southeastern side of U.S. Route 258, bounded and described according to that certain plat of survey entitled ”Plat of Lot D, formerly Part of Property of Kenneth H. Pretlow, W.B. 35/473, D.B. 150/451, located in Newport Magisterial Dist., Isle of Wight County, Virginia, Emin B. Holley, Jr., Certified Land Surveyor, Hampton, Virginia, Scale 1”=40’ September 16, 1975,” and recorded in Deed Book 235, Page 549, as follows: BEGINNING at an iron pin set on the Southern edge of the right of way of U.S. Route 258, a corner on said highway, Lot E, as shown on said plat and the lot herein, thence running along the edge of the right of way of said highway radius 1665.00’, Delta 3° 21’ 41”, Arc 97.09’, Tangent 48.58’, Chord 97.08’, Chord bearing N. 34° 08’ 29” E to a point on the Southern edge of the right of way of said highway, thence Radius 25.00’, Delta 89° 05’ 13”, Arc 38.87’, Tangent 24.60’, Chord 35.07’, Chord bearing N 80° 22’ 07” E., to pipe set on the Western edge of 50’ parcel reserved for future R/W, according to said plat thence running along the Western edge of said right of way S. 55° 05’ 27” E. 195.39 feet, to an iron pipe, a corner on said right of way, other land of said Kenneth H. Pretlow and the land herein; thence running S. 28° 50’ 38” W. 144.45 feet, to an iron pin, a corner on other land of said Kenneth H. Pretlow, Lot E as shown on said plat and the lot herein; thence running along the line of said Lot E, N. 49° 44’ 14” W. 235.38 feet, to the iron pin set in the Southern edge of the right of way of said U.S. Route 258, the point of the beginning.. Tax ID: 30A-04-000D.

TERMS OF SALE: ALL CASH. A bidder’s deposit of $10,000.00 or 10% of the sale price, whichever is lower, will be required in the form of a certified or cashier’s check. Cash will not be accepted as a deposit. Settlement within fifteen (15) days of sale, otherwise Trustee may forfeit deposit. Additional terms to be announced at sale. This is a communication from a debt collector. This notice is an attempt to collect on a debt and any information obtained will be used for that purpose. Loan Type: FHA (Trustee # 575844) Substitute Trustee: ALG Trustee, LLC, C/O Orlans PC PO Box 2548, Leesburg, VA 20177, (703) 777-7101, website: http://www.orlans.com
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NOTICE OF PUBLIC HEARING

PLANNING COMMISSION OF THE TOWN OF SMITHFIELD AMENDMENT TO PROFFERED CONDITIONS

Notice is hereby given pursuant to Sections 15.2-2204 of the Code of Virginia, (1950), as amended, that the Planning Commission of the Town of Smithfield, Virginia will hold a public hearing at the regular meeting of the Planning Commission in the council chambers in The Smithfield Center, 220 N. Church Street, meeting room A, Smithfield, Virginia, on Tuesday, August 8, 2017 at 6:30 p.m. to consider the application of Cypress Investment Holdings, LLC, owner, for an amendment to the current zoning ordinance to amend the proffered conditions attendant to the original approved change in zoning classification of certain property now zoned (S-R), Suburban Residential (Conditional). The proposed changes in the proffered conditions will provide for: Removal of 24 townhomes. Increase of the maximum number of units from 450 to 518 (68 additional units). Inclusion of 91 age-restricted units. Replacement of references to ‘environmental’ with ‘architectural’ review board. Removal of 40–50 boat slips. Removal of the build-out timeframe. Inclusion of the Design Guidelines for the proposed Phase VI. The property which is the subject of this application is all of the Cypress Creek Subdivision within the Town of Smithfield, being that area bounded by the Route 10 Bypass, Fairway Drive, Great Springs Road, the Town of Smithfield Boundary and Cypress Creek. The parcels’ current zoning designations are (S-R), Suburban Residential (Conditional).
Copies of the current Zoning Ordinance for the Town of Smithfield, Virginia, and all amendments thereto, along with copies of the proposed application for an amendment to the proffered conditions and the applicant’s proposed amendments to the proffered conditions are on file and may be examined in the office of the Department of Planning, Engineering, & Public Works, 310 Institute Street, Smithfield, Virginia 23430. Any person desiring to be heard in favor of, in opposition to, or to express his or her views with respect to the aforesaid application for a change in zoning classification may appear and be heard.

TOWN OF SMITHFIELD By: Lesley G. King, Clerk

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NOTICE OF PUBLIC HEARING

PLANNING COMMISSION OF THE TOWN OF SMITHFIELD SPECIAL USE PERMIT

Notice is hereby given pursuant to Sections 15.2-2204 of the Code of Virginia, (1950), as amended, that the Planning Commission of the Town of Smithfield, Virginia will hold a public hearing at the regular meeting of the Planning Commission in the council chambers in The Smithfield Center, 220 N. Church Street, meeting room A, Smithfield, Virginia, on Tuesday, August 8, 2017 at 6:30 p.m. to consider the application of Cypress Investment Holdings, LLC, owner, for a special use permit pursuant to Article Article 3.C, Section C of the Town’s zoning ordinance to permit the redesign of Phase VI of the Cypress Creek subdivision under the cluster provisions of the zoning ordinance. The property which is the subject of this application is Phase VI of the Cypress Creek Subdivision within the Town of Smithfield. The parcels’ current zoning designations are (S-R), Suburban Residential (Conditional). Copies of the current Zoning Ordinance for the Town of Smithfield, Virginia, and all amendments thereto, along with copies of the proposed application for a special use permit and the proposed conceptual plan are on file and may be examined in the office of the Department of Planning, Engineering, & Public Works, 310 Institute Street, Smithfield, Virginia 23430. Any person desiring to be heard in favor of, in opposition to, or to express his or her views with respect to the aforesaid application for a change in zoning classification may appear and be heard.

TOWN OF SMITHFIELD

By: Lesley G. King, Clerk

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NOTICE OF PUBLIC HEARINGPRIVATE

PLANNING COMMISSION OF THE TOWN OF SMITHFIELD SPECIAL USE PERMIT

Notice is hereby given that the Planning Commission of the Town of Smithfield, Virginia, will hold a public hearing at the regular meeting of the Planning Commission in the council chambers in The Smithfield Center, 220 N. Church Street, meeting room A, Smithfield, Virginia, on Tuesday, August 8, 2017 at 6:30 p.m. to consider the application of Joseph McCain, owner, for a special use permit under the provisions of Article 3.H., Sections C and H., and Article 6 of the Zoning Ordinance of the Town of Smithfield, Virginia, adopted September 1, 1998, and as amended thereafter, in order to approve the use of a residential structure for a non-residential use, in particular for retail sales and a floral shop with outdoor sales and display. The property which is the subject of this special use permit is located at 338 Main Street. The property in question is zoned D, Downtown District. Any person affected by or interested in the aforesaid application may appear at the hearing and be heard. Copies of the Zoning Ordinance of the Town of Smithfield and application for this special use permit are available for inspection in the offices of the Department of Planning, Engineering, & Public Works, 310 Institute Street, Smithfield, Virginia.

TOWN OF SMITHFIELD, VIRGINIA

BY: Lesley G. King, Clerk

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PUBLIC NOTICE

Notice is hereby given that the Isle of Wight County Board of Supervisors will hold a Public Hearing on Thursday, August 17, 2017, to consider an amendment to Chapter 15, Taxation, Section 15-5, Certified Pollution Control Equipment Exempt From Taxation. The purpose of this amendment is to conform the local ordinance with state law. The public meeting will commence at 6 p.m. A copy of the proposed ordinance amendment is on file in the Office of the County Attorney, Isle of Wight County Courthouse, Isle of Wight, Virginia 23397, and is available for public examination. Any person desiring to be heard in favor of, in opposition to, or to express his views with respect to, the proposed ordinance amendment may appear before, and be heard by, the Board during the Public Hearing in the Robert C. Claud, Sr. Board Room, Isle of Wight County Courthouse, Isle of Wight, Virginia. If you require a reasonable accommodation, please make requests to the Clerk of the Board of Supervisors at least five (5) days in advance of the meeting at (757) 365-6204. ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS

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Notice of public information hearing for the Town of Surry Historic District

The Virginia Department of Historic Resources will conduct a public information hearing of the Town of Surry Historic District on August 15, 2017. The meeting begins at 7pm, at the Surry County General District Courtroom 45 School Street Surry 23883. Public comment regarding the proposal will be taken at the time of the hearing or can be sent to: Director Julie Langan,VA Department of Historic Resources, 2801 Kensington Avenue, Richmond,VA 23221.This proposal has been recommended eligible for the Virginia Landmarks and National Registers. This proposal will be presented to the State Review Board and the Board of Historic Resources on September 21st in Richmond, VA. For a copy of the proposal and/or a boundary map, contact Elizabeth Lipford at 804-482-6454 or HYPERLINK “mailto:Elizabeth.lipford@dhr.virginia.gov” Elizabeth.lipford@dhr.virginia.gov.

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NOTICE OF PUBLIC HEARINGPRIVATE

THE TOWN OF SMITHFIELD BOARD OF ZONING APPEALS SPECIAL YARD EXCEPTION

Notice is hereby given that the Board of Zoning Appeals of the Town of Smithfield, Virginia, will hold a public hearing at the regular meeting of the Board of Zoning Appeals in the council chambers in The Smithfield Center, 220 N. Church Street, Smithfield, Virginia, in meeting room A, on Tuesday, August 15, 2017, at 7:30 p.m. to consider the application of Kenneth Coleman, owner, for a special yard exception under the provisions of Article 12, Section D of the Zoning Ordinance of the Town of Smithfield, Virginia, adopted September 1, 1998, and as amended thereafter, in order to approve a proposed residential structure with a side yard setback of 16.21 feet on the East and a side yard set back of 5 feet, more or less, on the West. The Special Yard Exception will cure the violations. The property is located at 200 Washington Street. The minimum side yard setback for this corner lot adjacent to the street is 20 feet and the minimum side yard setback for the interior side yard is 10 feet, as provided by the Zoning Ordinance. The subject property is zoned DN-R, Downtown Neighborhood – Residential. Any person affected by or interested in the aforesaid application may appear at the hearing and be heard. Copies of the Zoning Ordinance of the Town of Smithfield and application for this special yard exception are available for inspection in the office of the Department of Planning, Engineering, & Public Works, 310 Institute Street, Smithfield, Virginia 23430. BOARD OF ZONING APPEALS TOWN OF SMITHFIELD, VIRGINIA

By: William G. Saunders, IV Zoning Administrator

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NOTICE

JUDICIAL SALE OF REAL PROPERTY

On August 31, 2017 or thereafter, proceedings may be commenced under the authority of § 58.1-3965 et seq. of the Code of Virginia to sell the following parcels of real estate located in the County of Isle of Wight, Virginia for payment of delinquent real estate taxes:

Donald & Frances Whitley 24028 Lawrence Haven Lane 55-05-001

The owner of any property listed may redeem it before the date of the sale by paying all accumulated taxes, penalties, attorneys’ fees, and costs, interest and costs thereon, including the pro rata cost of this notice, as provided by law.

James J. Reid, Esq. DAVID, KAMP & FRANK, L.L.C. 739 Thimble Shoals Blvd., Suite 105 Newport News, VA 23606 757-595-4500

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