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HomeMy WebLinkAbout01-08 ApplicationAPPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No Submittal Deadline Submittal Date ��.' For the meeting of / Fee Paid Yes, Initials Sign Deposit Yes Si: n Return Date MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner ❑ other®. (Check one) 2. APPLICANT: OCCUPANT (if different) NAME: Greenway Engineering NAME: All Points Warehousing, LLC ADDRESS: 151 Windy Hill Lane ADDRESS PO Box 3296 Winchester, VA 22602 Winchester, VA 22604 TELEPHONE: (540) 662-4185 TELEPHONE (540) 662-2270 3. The property is located at (give exact directions and include State Route numbers): North side of Cole Lane (Route 762); approximately 1,000 feet south of Berr, v�ille Pike (U.S. Route 7). 4. The property has a road frontage of256.79 feet and a depth of 331.44 feet and consists of 4.6379 acres. (please be exact) 5. The property is owned by All Points Warehousing, L.L.C. as evidenced by deed from Thomas C. Baker and Sheila F. Baker (previous owner) recorded In deed book no. 883 on page 1740 of the deed book of the Clerk of the Court for Frederick County Attach a copy of the deed 6. Magisterial District: Red Bud Magisterial District 7. 14 -Digit Property Identification No.: 54-((5))-5A 8. The existing zoning of the property is: M1, Light Industrial District 9. The existing use of the property is: Warehouse Buildings Page 2 of 5 10. Adjoining Property: USE ZONING North American Legion Post 21 B2 District Carlyle & Anderson M2 District Franklin Mobile Home Park MH1 District East Franklin Mobile Home Park MH1 District South RSF, Inc. M1 District West All Points Warehousing M1 District 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 Applicant is requesting a variance to the 25 -foot side yard setback requirement for five existing warehouse buildings. Please refer to the attached All Points Warehousing, LLC Variance Exhibit for the requested side yard variance for each of the five existing warehouse buildings. 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 extraordinary situational or condition of property, or the use or development of property immediately adjacent thereto The Applicant is applying for variance relief based on extraordinary situational matters associated with Tax Parcel 54-((5))-5A. All Points Warehousing began construction of one-story warehouse buildings following County approval in 1983. Subsequent to this construction, a Subdivision was approved by the Frederick County Subdivision Administrator on September 15, 1983, which established the side property line that created Tax Parcels 54-((5)-5A and 54-((5))-4A. (Please refer to attached DB 565 PG 774-778) All Points Warehousing continued the development of the remaining one-story warehouse buildings with County approval in 1984. The five one-story warehouse building have existed for 24 years following County Subdivision approval. Recently, the Applicant has entertained the sale of Tax Parcels 54-((5))-5A and 544(5))-4A as individual parcels. An ALTA survey prepared by Greenway Engineering identified the existing site condition nonconformity with zoning setback requirements. The Frederick County Planning Department issued a letter dated January 30, 2008 (Please refer to attached letter) which identifies existing site condition conformity and provides resolution for the western property line (side yard) setback through approval of a variance or lot consolidation. The Applicant desires to maintain the existing_ parcel conditions approved by Frederick County; therefore, a variance is in order to obtain clear title for Tax Parcel 54-((5))-5A. 13. 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 notified by mail of this application: NAME All Points Warehousing Address PO Box 3296 Property ID# 54-((5))-4A Winchester, VA 22604 NAME RSF.Inc. Address 1011 Siler Road Property ID# 54-((5))-6 Winchester, VA 22603 NAME Robert F. Ziegler Address 13315 Hickory Hill Road Property ID# 54-((5))-7 Hagerstown, MD 21742 NAME American Legion Address PO Box 638 Property ID# 55-((A))-32 Winchester, VA 22604 NAME Carlyle & Anderson, Address 1752 Berryville Pike Inc. Winchester, VA 22603 Property ID# 55 -((A)) -32A NAME Jack K. Wampler, Sr., & Jack K. Wampler, Jr. Property ID# 55-((A))-38 NAME Moulden Real Estate Property ID# 55-((A))-39 Address 2648 Martinsburg Pike Winchester, VA 22603 Address 2400 Valley Avenue Winchester, VA 22601 15. Provide a sketch of the property (you may use this page). 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. Please refer to the All Points Warehousing, LLC Variance Exhibit that is included as a component of this variance application. The All Points Variance Exhibit identifies the location of the five existing warehouse buildings that were constructed in 1983 and 1984 with measurements to the side property line. This exhibit also identifies the side yard setback variance that is requested for each existing structure. AGREEMENT VARIANCE # & / M © e (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) dqys 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 DATE 21�,c/0Y SIGNATURE OF OWNER } DATES-�C�C -"/'(if other than applicant) f -OFFICE USE ONLY- BZA PUBLIC HEARING OF 3 // /l� ACTION: 7 - DATE- APPROVAL SIGNED - BA HAI AN DENIAL DATE: 10