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BZA 08-17-99 Meeting Agendaiiia COPY AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia August 17, 1999 3:25 p.m. CALL TO ORDER 1) Minutes of the July 20, 1999 Meeting PUBLIC HEARING 2) Variance #05-99 of Christine E. Davis for a 24' side yard setback variance and a 34' front yard setback variance for the construction of a single family residence. The property is located at the intersection of Route 789, Bryarly Road and Hudson Avenue and is identified with Property Identification Number 42A-1-5 in the Gainesboro Magisterial District. 3) Variance #06-99, of Winchester Pasta, L.L.C./Miller Milling Co., submitted by Greenway Engineering, for a 2.3' side yard setback variance for an existing silo building; a 45.4' side yard variance, a 42.8' rear yard variance and a 16.0' rear yard variance for existing mill buildings. The property is located at the southeastern end ofPark Center Drive (Rt. 1323), approximately 0. 15 mile southeast of intersection with West Brooke Road (Rt. 1320) in Fort Collier Industrial Park. The site is identified as a portion of Property Identification Number 54 -A -36J in the Stonewall Magisterial District. 4) Other MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on July 20, 1999. PRESENT: James Larrick, Jr., Vice Chairman, Gainesboro District; Theresa Catlett, Opequon District; Dudley Rinker, Back Creek District; Gilbank Hamilton, Shawnee District ABSENT: Manuel Sempeles, Jr., Chairman, Stonewall District STAFF PRESENT: Michael T. Ruddy, Zoning Administrator; Christopher M. Mohn, Planner H; Carol Huff, Secretary CALL TO ORDER In the absence of the Chairman, the meeting was called to order by Vice Chairman James Larrick at 3:30 p.m. MINUTES OF JUNE 15, 1999 On a motion made by Mr. Rinker and seconded by Mr. Hamilton, the minutes for the June 15, 1999 meeting were unanimously approved. PUBLIC HEARING Variance #04-99, for Panache Catering, submitted by Peter and Michelle Brogger, for a 24.5' front yard setback variance'for an existing residence. The property is located at 152 Lusitano Lane and is identified with Property Identification Number 83 -A -19C in the Back Creek Magisterial District. ACTION - APPROVED Mr. Christopher Mohn, Planner II, read the background information and presented photographs of the property and the existing residence. He stated that the applicant attempted all avenues to resolve the matter before finally bringing it to the Board of Zoning Appeals. Mr. Peter Brogger and his wife, Michelle, were present to explain everything they had tried to resolve the situation. Mr. Brogger stated that he measured the property himself and believed he had the dimensions correct. The Broggers did not realize there was a problem until the bank sent Frederick Co. Board of Zoning Appeals Minutes of July 20,1999 Minutes Book Page 1052 surveyors out to look at the property. Attempts to obtain a boundary line adjustment from the neighbors were unsuccessful. Mrs. Catlett asked Mr. Brogger at which point during the construction did he realize the structure was over the bounds. Mr. Brogger said it was already framed in when the bank sent the surveyors out. He admitted that this was a mistake; he should have had them come out when there were only sticks in the ground. Mr. Rinker asked about survey standards in subdivisions in the RA (Rural Areas) Zoning District. Mr. Ruddy replied that the extra distance in question was discussed at the time of obtaining the building permit and was also included on the building permit. Ms. Joan Fine, attorney for the applicants, told the Board that she had been contacted in September of 1998 after the Broggers realized they had a problem. She also described the applicants' attempts to obtain a boundary line adjustment and offered into record a copy of the color -coded boundary line adjustment which had been prepared. Additionally, she and the applicants had met with Mr. Ruddy to discuss moving the 50 -foot access easement and the gravel driveway. Mr. Kenneth Barr, an adjoining neighbor, said the road and fence has been there for as long as he can remember. He stated that the road used to be a state road. He said that Mr. Brogger had spoken with him on this matter. Mr. Barr told him that he did not mind the Broggers using the road as long as he was still able to get in and out of his property. Ms. Bev Robinson, another adjoining property owner, stated that she had no objection to the Brogger's home remaining where it is but wants access to her own home maintained. Mr. Larrick asked if Lusitano Lane was private or not; Ms. Robison replied that the County named it Lusitano Lane but is the old Minebank Road. It is not a state -maintained road; the residents have to do maintenance, snow -clearing, etc. when needed. Ms. Robison stated that she had contacted Mrs. Rose (of the Hayfield Land Trust) in Texas, and Mrs. Rose also had no objections to the location of the house but did not want the road changed in any way. She mentioned that this issue has caused her problems in selling her home. Mrs. Catlett asked Ms. Robison for clarification on how this matter was affecting the sale of her home. Ms. Joan Fine came back to clarify the matter of the setback. She said it is in respect to the 50 -foot access easement, and not in respect to the existing gravel road (Mine Bank). Ms. Bev Robison raised a question regarding confusion over various versions of the plats of the property that were exchanged at the closing. Ms. Fine stated that she had six surveys that had been recorded that went back as far as 1962. No one else was present to speak for or against the variance request; therefore, the public hearing portion was closed. DISCUSSION Frederick Co. Board of Zoning Appeals Minutes of July 20,1999 2 Minutes Book Page 1053 Mr. Larrick stated that Mr. Barr had a legitimate point in questioning the building permit process. Mr. Ruddy replied that the County has not approved the house in that location; in fact that was the reason that this case has been brought before the Board of Zoning Appeals_ Mr. Rinker stated that as long as the right-of-way remains where it is and the neighbors Appeals - 11 no proble��� with the house where A is, and considering the fact that the Broggers made efforts to obtain easements, etc., the variance request should be approved. He moved that based on the shape of the property, Variance #04-99 be approved. Mr. Hamilton seconded the motion. The motion to approve the variance passed by the following majority vote: AYES (to approve the variance): Mr. Hamilton, Mr. Rinker, Mr. Larrick NO (against the approval): Mrs. Catlett (Chairman Sempeles was absent.) BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve by majority vote Variance #04-99 of Panache Catering, submitted by Peter and Michelle Brogger, for a 24.5' front yard setback variance for an existing residence. There being no further business remaining, the meeting was adjourned at 4:30 p.m. by unanimous consent. Respectfully submitted, James Larrick, Jr., Vice Chairman Carol I. Huff, Secretary Fredenck Co. Board of Zoning Appeals Minutes of July 20,1999 Minutes Book Page 1054 BZA REVIEW DATE: 08/17/99 VARIANCE #05-99 CHRISTINE E. DAVIS LOCATION: The property is located at the intersection of Route 789, Bryarly Road and Hudson Avenue within the Albin Community Center. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42A-1-5 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas), Uses. Residential, Church VARIANCE: 24 -foot side yard setback variance and a 34 -foot front yard variance for the construction of a single family dwelling. REASON FOR VARIANCE: The applicant states that the width of the property is exceptionally narrow (108.93') which precludes the reasonable use of the site under standard setback regulations. STAFF COMMENTS: Within the RA (Rural Areas) Zoning District, the side yard setback when a parcel is located adjacent to land used for residential purposes is 50 feet. This standard is also applicable when the adjacent use is a church. Furthermore, the front yard setback is 60 feet from the road right-of-way. The applica:at is proposing to place a 2,016 -square -foot dwelling (36'x 56') 26 feet from the side property line and 26 feet from the Hudson Avenue right-of-way. Therefore, variances of 24 and 34 feet, respectively, are required. The subject property is a corner lot with frontage on both Bryarly Road (Route 789) and Hudson Avenue, which is a private right-of-way. The parcel was created through the consolidation of two lots that were both legally non -conforming with regard to size (acreage). As a result, the subject property is comprised of 0.6904 acres with a width of 108.93'. The sum of the side setback and front setback from the Hudson Avenue right-of-way is 110' (60'+50'), which exceeds the width of the parcel and subsequently results in the absence of any buildable area. The surrounding parcels are all developed in such a manner that additional acreage is not available to the applicant through either a boundary line adjustment or further consolidation. Variance #05-99, Christine E. Davis Page 2 August 9, 1999 STAFF CONCLUSION: 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 approaching confiscation; 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. Staff is of the opinion that the requested front and side yard variances would be necessary to allow for the construction of a residence on the subject property. Strict application of the requirements of the Zoning Ordinance would result in an undue hardship that would effectively preclude the use of the parcel for residential purposes. Indeed, residential development is arguably the only reasonable use of the subject property given its small size and the established character of the surrounding community. The extreme narrowness ofthe subject property coupled with its configuration as a corner lot constitute a relatively unique situation within the RA District. It is further the opinion of staff that the granting of a variance in this case would not be of substantial detriment to adjoining properties and would not alter the character of either the district or surrounding community. O:\Agendas\BLA\Staff Report\ChristineDavis. VAR a D � 2� Rt, 673 V , E Wd'e XIII Rood Hester o w S OO 0 Faith Revival Lineweaver 6 CD — Davis Edwanb Ln. Rtt13021 Ave. Gordon Dunbar Ln. Rt. 852 ilt 6 Dunbar st d` Hudson Aw s s 9 ALB Rt. 679 Aw17Dr. Rt. 72 VARIANCE #05-99 ' Christine E. Davis PIN: 42A-1-5 Produced by Frederick County Planning and Development, 07-30-99 Page 1 of s APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME :r .n, ��: , �� Mal, T4 NAME: ADDRESS .,1,0', , /lri. ADDRESS: TELEPHONE: rid - �j, 7 - rj F(n S' TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): LrJ�� )- 1) pez-) J r;,.© -f- -4. f- -4. The property has a road frontage of i CY . 13 feet and a deelh of 3 �� feet and consists of G�g�c r� acres. (please l� � �✓`� exact) / 5. The property is owned by � �S-t J_'Ell C- as evidenced by deed C4, recorded (previous owner) in deed book no. �,( z on page 1, _�3 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. Page 2 of 5 6. Magisterial District: // .s � n_z� ffi. ACS 7. 14 -Digit Property Identification No. CD _� 8. The existing zoning of the. property is: RA - 9. A-9. The existing use of the property is: (1A c,eq-�,A f- 10. Adjoining Property: USE ZONING .. a.w, R� �CEIVrz North East / _� Tie 1A L 2 3 1999 South , West LANNiNG/DEVELORMENT 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.") 12. List specific reason(s) why the variance is being sought in terms of: 13. exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto , 'SCS Additional comments, if any �� page 3 of 5 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notifd by mail of this application: NAMES ?' . z�L.y-- Address Property ID# /f� / — y3 Aidressl:_q-.- J Property IN �Idddiess Property ID# NAME /2 , � � .�),._� kddress.� Property ID# k-�,�-- i — / `.� v NAME i . �—�� Address Property ID# NAME - - / Address/i jam; c p,(7 Property ID# y7 z o� ,,,Address Property ID# �/` 3 — / Gv �.-r L` Z y 0---3 NAME Address Property ID# NAME . Property ID# Property ID# Address Address Page 5 of 5 AGREEMENT VARIANCE # 0-5- 9 � I 5- I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT ' ATE Z L.;&� Z SIGNATURE OF OWNER (if other than applicant) BZA PUBLIC HEARING OF DATE -OFFICE USE ONLY- - DATE - APPROVAL SIGNED: DENIAL. DATE: ACTION: BZA CHAIRMAN i EDni o' 2 N87 30'00"W C-) c, 75. 1 ' TO CORNER — FENCE POST `O � I 1 me 7 A, o T, Ad. 42-((A))-109 " FAITH REVIVAL CENTER S 87'30'00" E N/F BETHEL LUTHERAN CHURCH IRS 39.00' ZONE: RA 0 o IPF USE.- CHURCH FRAME S 01'50'00" E SHED 50.50' pCti Z o S 87'10'00" Er� 201. DO' 27' ± � _ - o IRS U, CONSOLIDATE TAX IRS m rn o l o FORMER LOT NO. 4 -5 t o0 o o LOT 5 cu DO 0.6409 AC ES o `O T o0 o O b'°HER Y VAC A TEDr� 2 2,016 6X. � o FO IRS LOT 4 ZL' 'coo rn o c.,Cn N 87720 00" W IRS o N _ 238.92' S03'00'00'E HUDSON 30. 15' TO IPF 30' R/W CORNER OF DB 196 PG 598 LOT 3 N87'04'45 "W 75.4' TO CORNER FENCE POST LOTS 7 & 9 NOTES: IPF = 1 " IRON PIPE FOUND IRS = 5/8" IRON REBAR & CAP SET NO TITLE REPORT FURNISHED THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. AREA TABULATION LOT 4 .(TM, 42A—((1))-4) = 0.2973 ACRES LOT 5 (T.M. 42A—((1))-5) = +0.3436 ACRES CONSOLIDATED TAX LOT NO. 42A—((1))-5 = 0.6409 ACRES BUILDING SETBACK NOTE.- CURRENT ZONING ORDINANCE REQUIRES BUILDING SETBACKS AS FOLLOWS: 60' FRONT 50' SIDE & REAR THIS LOT DOES NOT CONTAIN ANY ALLOWABLE BUILDING AREA UNDER THESE REGULATIONS. 50 25 0 50 GRAPHIC SCALE (IN FEET) FINAL PLAT FOR LOT CONSOLIDATION OF THE LAND OF CHRISTINE ELLEN DAVIS LOTS 4 & 5 - R. G. EDWARDS SUBDIVISION GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIN SCALE: 1 " = 50' DATE: JUNE 28, 1999 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors 'TELEPHONE: (540) 662-4185 16�w FAX: (540) 722-9528 ounded in 1971 E-MAIL: Rreenway®visuallink.corn o��,i,TH pF I� MARK D. SMITH No. 002009 �4 SURA FN 2420 SHEET 2 OF 2 i BZA REVIEW DATE; 08/17/99 VARIANCE #06-99 WINCHESTER PASTA, L.L.C./MH LER MILLING COMPANY LOCATION: The property is located at the southeastern end of Park Center Drive (Rt. 1323), approximately 0. 15 mile southeast of intersection with West Brooke Road (Rt. 1320) in Fort Collier Industrial Park. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54 -A -36J PROPERTY ZONING & USE: Zoned M1 (Light Industrial) District; Land use - Industrial ADJOINING PROPERTY ZONING & USE: Zoned M1 (Light Industrial) District; Uses: Industrial and Vacant VARIANCE: 2.3' side yard setback variance for an existing silo building; a 45.4' side yard variance, a 42.8' rear yard variance and a 16.0' rear yard variance for existing mill buildings. REASON FOR VARIANCE: See attached letter from Richard Edens, Greenway Engineering, dated May 14, 1999. STAFF COMMENTS: The enclosed letter from Mr. Richard Edens, Greenway Engineering, describes in great detail the unusual situation that exists at the Winchester Pasta, L.L.C. and Miller Milling Company facility. The applicant had been directed to pursue a waiver of the Subdivision Ordinance from the Board of Supervisors. However, it became apparent that all of the requirements of the subdivision Ordinance could be addressed and it was the requirements of the Zoning Ordinance, Sections 165-83(A) and 165- 24(B)6, pertaining to setbacks, that could not be met. The Board of Zoning Appeals is the appropriate body to address variances from specific terms or requirements of the Zoning Ordinance. The side and rear yard setbacks in the M1 (Light Industrial) Zoning District are both 25 feet. In addition, structures that are permitted to exceed the height limit for the zoning district in which they are located shall be required to be setback the normal setback plus one foot for every foot over the maximum allowed height of that zoning district. The maximum height limit for the M1 Zoning District is 60 feet. Variance #06-99, Winchester Pasta, L.L.C./Miller Milling Co. Page 2 August 9, 1999 When considering this variance request, the Board may wish to address each variance individually to ensure this variance is completely addressed. (1) The silo building: This building exceeds the height limit by 8' 10". This, in addition to the 25' side yard setback, would place the required setback line at 33'10" from the proposed property line. To minimize the amount of variance required, and ensure compliance with the Building Code, a variance of 2.3' is requested to place the setback line at 31.5' from the proposed property line. (2) The existing Mill Building: This building exceeds the height limit by 52'. This, in addition to the 25' side yard setback, would place the required setback line at 77' from the proposed property line. To minimize the amount of variance required, and ensure compliance with the Building Code, a variance of 45.4' is requested to place the side setback line at 31.6' from the proposed property line. (3) The existing Mill Building: As described above, the required rear setback line would be 77' from the proposed property line. To minimize the amount of variance required, a variance of 42.8' is requested to place the rear setback line at 34.2' from the proposed property line. (4) The larger Mill Building: This building also exceeds the height limit by 52'. This, in addition to the 25' side yard setback, would place the required rear setback line at 77' from the proposed property line. To minimize the amount of variance required, a variance of 16' is requested to place the side setback line at 61' from the proposed property line. STAFF CONCLUSION: 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. Staff is of the opinion that the variance requested would be appropriate. This request is unique in that it establishes the location of a property line between existing structures as shown on the enclosed plan. In addition, the structures for which the variances are requested are utility structures that front against other utility structures; there are no impacts on adjoining properties and the impact to the properties which would ultimately be subdivided would be minimal. Furthermore, it is staffs opinion that the approval of this variance would be in harmony with the intended spirit and purpose of the ordinance. 0: Wgendm\BZA\Stall Report\WinchPasta. VAR 1.51 Windy Hill ran, Winchester, Virginia 22602 FOUMIerl hi 1971 1 May 14, 1999 Frederick County Planning Commission 107 N. Kent St. Winchester, VA 22601 RE: Miller Milling Co. Subdivision Waivers Dear Sirs/Madames: Greenway Engineering is pleased to submit for your consideration the attached preliminary subdivision plat on behalf of our client, Miller Milling Co. of Minneapolis, MN. We respectfully request your approval of the below -described waivers of subdivision requirements which have become necessary due to the size and location of existing structures upon the site. The property shown was originally purchased and developed as Lot 27 of Fort Collier Industrial Park by Hershey Foods Corporation in 1992. Also in 1992, Hershey Foods Corporation entered into a lease agreement whereby Miller Milling Co. leased a portion of Lot 27 for construction of a flour mill which supplies flour for Hershey's pasta operation. Hershey Foods Corp. then constructed its facilities and monies were lent to them secured by Lot 27. Miller Milling Co. constructed its facilities on the leased area and monies were lent to them secured by the leasehold parcel. Lot 27 was subsequently conveyed to Hershey Pasta Group Winchester, Inc., a wholly owned subsidiary of Hershey Foods Corp., in 1993. This arrangement has prospered since that time and mutual benefits to each party have been enjoyed. Hershey Pasta Group Winchester, Inc. was subsequently acquired by and merged into Winchester Pasta, L.L.C. by virtue of a certificate of merger dated January 28, 1999. As a part of the acquisition, it was agreed that Miller Milling Co. would be conveyed that portion of the lot which they occupy, if a legal subdivision could be effected. The waivers requested below are desired as a means to that end. Upon discussion with the subdivision administrator, it was determined that a boundary line could not be passed between buildings occupied by the Pasta operation and buildings occupied by the Mill operation due to the supplementary setback regulations for structures exceeding the maximum height in the MI zoning district. These structures were constructed under the exception for such facilities contained in Sec. 165- 24B of the zoning ordinance which requires an additional foot in excess of the minimum setback for each foot of height in excess of the maximum height for the zoning district. The maximum height for the M1 zoning district is 60 feet. The building shown on sheet 2 to the west of the proposed boundary "L11" and labeled "silo building" was constructed by and is operated by the Pasta operation. This building is approximately 68'10" in height above grade. The minimum setback for side and rear yards in the M1 district is 25 feet. A setback of 33'10" is required at this building under the supplementary setback regulations referenced above. We hereby request a waiver of the subdivision setback requirement to allow the proposed boundary "L11" to pass within 31.5'at its nearest point as shown on sheet 2 of the drawing. The building shown to the east of proposed boundary "L11" and labeled "Mill building" is the original mill building constructed and operated by Miller Milling Co.. This building is approximately 112' in height above grade. The setback required under the supplementary regulations is approximately 77 feet. We hereby request a waiver of the subdivision setback requirement to allow the proposed boundary "L11" pass within 31.6' of the northwest corner of said building as shown on sheet 2 of the drawing. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 Proposed boundary lines "L9" and "L10" are shown on sheet 2 of the drawing passing between a rail shed operated by the Pasta plant and the aforementioned mill building operated by Miller Milling Co.. The required setback from the mill building, as stated above, is approximately 77 feet. We hereby request a waiver of the subdivision setback requirement to allow proposed boundary lines "L9" and "L10" to corner at a point 34.2' south of the southeast corner of said mill building as shown on sheet 2 of the drawing. The larger mill building situated east of the smaller mill building discussed above and shown on sheet 2 of the drawing is operated by Miller Milling Co. and rises approximately 112 feet above grade. The required setback under the supplementary regulations is approximately 77 feet. We hereby request a waiver of the subdivision setback requirements to allow proposed boundary lines "L6" and "L7" to corner at a point 61.0' east of the northeast corner of said mill building. We appreciate your consideration of this request and look forward to addressing any questions or concerns you may have. Sincerely, Greenway /Engineering Richard A. Edens VARIANCE #06-99 PIN: 54—A -36J Winchester Pasta, L.L.C. and Miller Milling Co. Produced by Frederick County Planning and Development, 07-30-99 Page 1 of s APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner other ✓ . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: e+NIGi �•iG Z altar— NAME: W C cS'tEZ rte- PtS`r1�.� L.L. ADDRESS 1'5) Wi j Mpq q1 LL LA*jC ADDRESS : -P.�, x 2,O i 10VG ZZijoZ -PA x-703 TELEPHONE: (Q(o Z - 4r i SIG TELEPHONE: i t ? - S 7 9 1 j 3. The property is located at (give exact directions and include State Route numbers): �:)Aa-y --I-r=E Tz�� �y� �a�- ta)f�- 1-r*k 1L`)'c`3- -STzzokC O z' o _ (izo o -r e!: 13 Z o� 11,1 r n L-L-14EtZ J+�-D ` Q-tftL +�)Z 4. The property has a road frontage of (,9- feet and a depth of %3op feet and consists of 9..4-1 3 acres. (please be exact) 5. The property is owned by p3 i'PAS"-A, , L. L. C. as evidenced by deed from -PAtTprC-,,mWp b iki�Lrecorded (previous owner) %Kc -- in deed book no. C) zg on page 14-zS of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. Page 2 of 5 6. Magisterial District: E�/A,L-L 7. 14 -Digit Property Identification No.: '5-4- A 8. The existing zoning of the property is: K^! 9. The existing use of the property is: J%4 *V 0 -5 -r R i Ar L- 10. 10. Adjoining Property: j E ZONING North i%am>uSTfUAL)VACA*1► M I East I WOV15Te.1 q L South 1 Ny %15-rrt, % Pr L West ;, ,,*,-rfLt 0,L . / V ACC "T N1 1 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.") I -PE yArILV VPTTZI -4cs Foa cXIs, LD Bou -y I ?,LCr i� �-S•�}'� 51 -ME AQ -V % ►+t r iZ A�.L tST-u LL �o1c,v1,1G Dr 4-2-, 5' V_ s 14TL 1 p Ly jprci4gcl G F:o z .3.,t Ekr 5Tr4lf� h7lLd-- hw-t) A. 1 Cc , 0' 1Z5Pt(. y AAPy 4 rm,A-uCZ 1�psL :4+1 arcs M ILJ— F,k) I L:r, ate, 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or -- exceptional topographic conditions or other extraordir.ary situation or condition of property, or the use or development of property immediately adjacent thereto 13. Additional comments, if any -- le 2 v 1999 DEPT, OF PLANNINGIDEVELOPMENT page 3 of 5 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notifd by mail of this application: NAME & ZCCX 13ky-P4cAA&i A& 11d.C. Address T.D. SoA 1`)017, 51+30 Property ID# 54 - A ` (o231 LGsSB0Z& 6COCO NAME 2'f C� I✓l,i�tZ Z1 ��J P; ! C. Address F CAoz. - , OA 7 Z04-4- PropertyID# NA1ME QZIDE z -t' XW 111C. 01= uta -s -r VA,. Address TO, t3' o X Z,,!530 4 -- Property ID# 15-4 - A-- - 3 (o Q NAME TEL -L1 -T7 C-� . Lvc�"AZ-T- Address (4-Z(o SaAE12:- Lp-n Property ID# is7+- A, - se) NAUNIE -AV C.APIA M D Fi I L5 T42 -k 146- Address 14ZC,a t31k j5 11- LA,,AE Property ID# -574--574-- A - 9 Z t NAME Property ID# NAti1E Property ID# NA1ME Property ID# NAVE Property ID# NAME Property ID# Address Address Address Address Address Page 5 of 5 AGREEMENT VARL NCE # 0 9- ` I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPIXANT DA'T'E 7fzalg9 SIGNATURE OF OWNER (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE - APPROVAL SIGNED: DENIM. DA'Z'E: DATE ACTION: BZA CHAMMAN No -r `-'m"? 5CA L -r �F0' SEM ESArr no IdV A: 313 F.C.SA F't1MP STAWN PARCEL 2,230 $0 FT. 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THE SND JCRM PASTA MW 10MVEM AN2 NS 9JRSEOfeMY AVW WN AAV AVID Nl LM7ER PASTA, LLC 8Y VWW OF Li1UMTE DRIED 44Nuwy 2M 1999 t1F REDg49 N SAA CLLR" 0MVE N DEED WK 928 AT FAG£ 14ffi. M42�C 0. SWR L.S. Rm. P�_T,iY t>.Rat1 A:IEM67PJAYYJ N111tyi5TEX PASM LLC: 5440-W LOT 27 82136 AMU ZOW- An USE 8676SM - r491.d6 20' iv S45t f PG CNL�7V7 L rs P60f 15' Gly f.4S AUff D8 775 PG 852 LOT 27A muvmw OF PX PAM j Rt! LESS Q032 AM {F.CSA PMW SDDN7NOT) 72.724 ACRES (NET ARE)1 20' W4tDdAlE• EASEW f D8 778 M 1218 LOT 28 T.M. 54 3 . OREFN B4Y W. LIB 789 m 15" C SEE D8 717 PL" 489 ZIXE Mt M. NvusA841 Q4 LOT 27B SEF /ETM. 94EE7 2 2O' NA1ERfIW MEYENTS D8 775 PG 1218 Ir-------- —------------ If It 4 II 'IIf ' II II a 11 II ti II Iak, :Etirs,A;a RANT MAW — 03 773 F12 1218 ( JD• SE>rEx et )[47EA E,tsEytEwr aB 775 P'G r2r6 (� 1 I I i It 1 ------- ------------------- WNER I tdMRQAO SP[A4S-x" 30' J23tfA 8orm �544--((((jj L______--j---T. 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NvusA841 Q4 LOT 27B SEF /ETM. 94EE7 2 2O' NA1ERfIW MEYENTS D8 775 PG 1218 Ir-------- —------------ If It 4 II 'IIf ' II II a 11 II ti II Iak, :Etirs,A;a RANT MAW — 03 773 F12 1218 ( JD• SE>rEx et )[47EA E,tsEytEwr aB 775 P'G r2r6 (� 1 I I i It 1 ------- ------------------- WNER I tdMRQAO SP[A4S-x" 30' J23tfA 8orm �544--((((jj L______--j---T. ANCAM AiV14C�utiffB'GT A;C +M 06 8M PG \�\ \� TJL 54-(� ce 350 ZOAF.PC ; w PC 04`� \ �� NW 75 PC 7W (SEE DO 204 PO 3) ZOW R4 PSE REE�1/VIIOINT `�\ �\ USE mmv,4mr,. T �atup \i PRJLtS£ L --- r2 APS ,d1 DATE: APRIL 29' 1Q" PRELIMINARY SUBDIVISION PLAT SCALE: 1' - 200Y OF INE LAND OF DRATM 9Y: W WINCHESTER PASTA, L. L. C ME NO. 09" LOTS 27A & 278 — FORT COLLIER INDUSTRIAL PARK .xrr . it n C$'/@A➢(C@tiJFlt (9/1Fi J`1�`:�83B.A.9 ✓?9C�•rm.!.F mrr+,?+n;.PFq.r.• ••••,•a�.�.r a:.P—�.._ 4k. PDNER FAsodw 780 M 1147 1� + 6 j <-- Ft ,J N I F.CSA PW SMMN LOT DB 48O PC 315 // 9EE DETAC SKEET 2 t0' SE>1FR fASE#Id4l Alf [Kt 1110 PG 311 20' ACQW FMEMW D8 46O PL^ J15 T. -87A T.P. ET LDC -uB 823 Ps fur ZONE R4 ME. YAC"r GREENWAY ENGINEERING MARK D. S7,IITM 151 R rndy Hill Jane Engineers VVincheater, Virginia 22602 No. Do20D9 Survelnrs Telephone. • (540) 662-4185 FAX (540) 722-9528 rounded 6ry 1071 tc• ;r..-,.. ,.-. ..• '� 29 iUMCT O10YLOr 11E.70{l�7tq'�LC DB 886 PO 426 Rm ZONE M1 CSE Mw PDNER FAsodw 780 M 1147 1� + 6 j <-- Ft ,J N I F.CSA PW SMMN LOT DB 48O PC 315 // 9EE DETAC SKEET 2 t0' SE>1FR fASE#Id4l Alf [Kt 1110 PG 311 20' ACQW FMEMW D8 46O PL^ J15 T. -87A T.P. ET LDC -uB 823 Ps fur ZONE R4 ME. YAC"r GREENWAY ENGINEERING MARK D. S7,IITM 151 R rndy Hill Jane Engineers VVincheater, Virginia 22602 No. Do20D9 Survelnrs Telephone. • (540) 662-4185 FAX (540) 722-9528 rounded 6ry 1071 tc• ;r..-,.. ,.-. ..• NO I LDT it FwTmmw1XxLa Dd m PC Rai _zow- Mt 11 � y+N. SEVER j! 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C ME NO D9ds LOTS 27A & 27B — FORT COLLIER INDUSTRIAL PARK SHEET 2 OF 2 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIN'' .tF" ,� f - CE7llERJNE ESV7. - EASEMDfT ,$ Ate' - J/2' A917M AIFB�R fQCIi'T Pf - 1' f7CW PPE fDfA'D PS S fm REAR AID CAP SET - or VKY 1. W MIE AEP= fX045W. O50AUM W MUMHAVC 4 WY VZT WWi AW ACT SPOW 2 71E BO.MMRY IdR.YMF ?W SH MIM MEW 6 BASW OW A CURRENT FEW AM" BY Tiff FALL 3. AE PR(XiW SFA7MN eEREON LES WHN ROOD Z00 Al R & G AS DE7EAI M BY OtFIPMC 1KOMW ONLY WW RUD. 11.0W F4p./BVK.E Re7E AW PAMM Atli 51OMJ 0105 B MFW .RCY 17, 10M TAE AFFRa {iAIE LAM OF 2UW A3 AND JOW 8 ARE Jlmw H17M LOT 29 fWT4 tOILE7f(dllotP LG \ DB Bbd F0,401 2a5Ei MJ USE w4wr " LOTs27A Sir � I%� . w D' SErE,e i .\.� l , � s �\ ms vWfum LOT 27A $ ` SEE 9FEfr 1 w at 7 �.oswrW �o,'p� GREENWAY ENGINEERING NARK D. S1FtiH 151 Wmdv Hit/ Lane Engineers R tnchester, Vnginia 22602 No.002009 51 fzrl- Telephone. (540) 662-4185., > FAX (540) 722-9528 L% Founded in 1971 E-mail greemvavash, *uallmk.com