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Home My WebLink About14-16 ApplicationAPPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY - Variance Applicati n� # Submittal Deadline CI 1 a311 Submittal Date (l �1(, For the BZA Meeting ofloll h .11(. `N 0— Fee Amount Paid 'k--,(-)'k--,(-)Initials: Receipt # V-1 L:'7S_ Sign Deposit Paid MUST BE TYPED OR FILLED OUT IN INK – PLEASE PRINT The applicant is the owner other. (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: 3. 1i 5 NAME: The Broadway Group, LLC ADDRESS: 216 Westside Square Huntsville, AL 35801 TELEPHONE: 256-533-7287 OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: The property is located at (give exact directions and include State Route Numbers): From 107 N Kent St. in 0.2 miles tum left onto E Cork St. Continue travel for 1.8 miles and the destination is on your left. The site is in between St. Paul's On The Hill Episcopal Church and The Tot Spot Child Care. The property has a road frontage of 538.85 feet and a depth of 123 feet and consists of 1.56 acres (please be exact). The property is owned by Summit community Bank as evidenced by deed from Amit Properties, LLC. recorded (previous owner) in deed book no. 100003607 on page 284 or instrument number of the deed books ofthe Clerk VA of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Red Bud 7. Property Identification Number (P.I.N.): 54 A 1270 8. The existing zoning of the property is: Commercial 9. The existing use of the property is: undeveloped 10. Adjoining Property: USE ZONING North Housing East Daycare/Pre-School South Housing West Church RP B1 RP RP 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.") The Broadway Group, LLC is asking for a 24' front minimum building setback variance in order for our building to fit on the property. Before the additional land was required to give for the ROW, we had a depth of 148.09 and did not need any variances for this project to succeed. 12. List specific reason(s) why the variance is being sought in terms of, such as: ► Exceptional narrowness, shallowness, size or shape of property, or 10- Exceptional topographic conditions or other extraordinary situation or condition of property, or ► The use or development of property immediately adjacent thereto This variance is being requested due to the hardship Frederick County has put into place for our development. Due to the County Comprehensive Plan, this lot is losing 25ft of land therefore making this lot shallow in buildable area. The 25ft is required to give to VDOT as ROW for the site plan approval for the 2030 Comprehensive Plan. 8 13. Additional comments, if any: This hardship of additional land being taken away from this property for ROW makes this lot very hard to develop for the use of commercial. During the pre -due diligence stage, our council reached out to the County and the Virginia Department of Transportation and was not made aware of the Comprehensive Plan with future land being required to give for additional ROW. Based on this information received in the pre -due diligence phase, we submitted the site plan to our tenant showing all aspects of the project worked. Without these variances, this project will die. This project will bring 8-10 new jobs to Frederick County along with new tax revenue. 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 and Property Identification Number Address Name Claytor Kathryn V Trustee 241 Jefferson St. Winchester, VA 22601 1597 Senseny Road Winchester, VA 22602 Property #54 A 127E NameTisinger Billy J. Trustee PO Box 368 Winchester, VA 22604 00101 Williamson PL. Winchester, VA 22602 Property # 54 A 127B Name Episcopal Church 1527 Senseny Road Winchester, VA 22602 Property # 54 A 128 Name Seelbach, Tim 1582 Senseny Road Winchester, VA 22602 Property # 54 E 7 5 Name Nguyen, Phi T. 1570 Senseny Road Winchester, VA 22602 Property # 54 E 7 24 B Name Hamilton, Carrie C. 1562 Senseny Road Winchester, VA 22602 Property # 54 E 7 25B Name Weigand ll, Samuel P. 1548 Senseny Road Winchester, VA 22602 Property # 54 E 7 26 NameZeb, LLC C/O Susan Perry 603 South 6th Street Winchester, VA 32034 1538 Senseny Road Winchester, VA 22602 Property # 54 E 7 27 0 Additional Comments Continued: Our tenant builds and runs a retail store to deliver everyday low prices on products that their customers use every day. Their successful prototype makes shopping a truly hassle -free experience. Our tenant's goal is to provide their customers a better life and their employee's opportunity and a great working environment. For people entering the workforce for the first time, our tenant provides an ideal foundation of basic work skills along with competitive wages and benefits. Experience workers are drawn to the opportunity to grow with one of the fastest- growing retailers in America! AGREEMENT VARIANCE # (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 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 statementsf anti informa6cin contained herein are, to the best of my knowledge, true. �� 1 SIGNATURE OF-iOPLI<CANT DATE SIGNA'T'URE OF OWNER DATE (if other than applicant) -OFF:"R-3-,, USE ONLY - VV 4Pi:OKICHEA ING A� 1 'N i.'t~ ZA CH-�IRM !kN n i P i