HomeMy WebLinkAbout004-86 Robert T. & Barbara G. Ganse - 11,572 sq ft. - Stonewall Dist. - BackfileREZONING REQUEST #004-86
Robert*T. and Barbara G. Ganse
11,572 square feet zoned RP (Residential Performance)
to be rezoned to B-2 (Business General)
LOCATION: East of Winchester - south of Route 7 and north of Route 659 and is
adjoining the 220 Seafood Restaurant parcel of land.
MAGISTERIAL DISTRICT: Stonewall
ADJACENT LAND USE AND ZONING: Residential land use and RP (Residential
Performance) Zoning.
PROPOSED USE AND IMPROVEMENTS: Parking in conjunction with the 220 Seafood
Restaurant and for expansion of the existing restaurant facility.
REVIEW EVALUATIONS:
VA Dept. of Highways & Transportation - No objections to rezoning. However,
should Martin Drive ever be added to the Secondary System, a commercial
entrance permit would be required at that time.
Sanitation Authority - Agency has no comments.
Greenwood Fire Company - We cannot find any problem with the rezoning of this
property at this time.
Inspections Department - Proposed construction to be built in compliance with
the Virginia Uniform Statewide Building Code and applicable referenced
standards.
Planning and Zoning - This rezoning should be considered only if Rezoning
Application #003-86 is granted. The following issues should be considered:
1) COMPREHENSIVE PLAN AND DEVELOPMENT PATTERNS
This rezoning represents an expansion of a commercial site located on a
major arterial highway, at an interstate interchange, and in an area
designated for urban development.
Page 2
Ganse Rezoning (11,572 sq. ft.)
0
2) IMPACTS ON SURROUNDING PROPERTIES
The site does abut properties with existing dwellings. Expansion of B-2
uses on the site might have some negative impact on surrounding
residential properties.
STAFF RECOMMENDATIONS: Approval, only if Rezoning Application #003-86 is
approved, for the following reasons:
1) The rezoning represents a minor expansion of an existing B-2 site.
2) The site is located in an urban area, in the vicinity of existing commercial
areas serving an interstate interchange, and on an arterial highway.
PLANNING COMMISSION RECOMMENDATIONS: Unanimous Approval
4;-
I
APPLICATION FOR REZONING
IN THE
COUNTY OF FREDERICK, VIRGINIA
Zoning Amendment No.
rv�lmel
Application pate 31
Fee Paid /00.0
Submittal Deadline is
For the Meeting of
1. The applicant is the owner x other (check one)
2.
3.
OWNER OCCUPANT: (if other than owner)
NAME: Robert T. and Barbara G. Ganse NAME: See Attached.
ADDRESS: 1 Colonial Heights ADDRESS : �
Winchester, Virginia 22601
TELEPHONE: 662-9075 TELEPHONE:
The property sought to be rezoned is located at (please give exact
directions) East of Winchester - south of Route 7 and north of Route 659
adjoining parcel of land on which is located 220 Seafood Restaurant
4. The property has a frontage of 150+ feet and a depth of 100+
feet and consists of 11,572 xadrWs. (Please be exact)
sq. ft.
5. The property to be rezoned is owned by Robert T. and Barbara G. Ganseas
evidenced by deed from Orpha G. Martin recorded in dee ok
no. 612 on page 20" , registry of the County of Frederick
Lot 27 -
portion of
6. This property is designated as parcel no. Parcel 112 on tax map no.
54 in the Stonewall Magisterial District.
7. It is desired and requested that the property be rezoned from
RP to B-2
8. It is proposed that the property will be put to the following use
Parking in conjunction with the 220 Seafood Restaurant and for expansion
of existing restaurant facility
9. It is proposed that the following buildings will be constructed
Part of an addition to an existing building on adjoining property will
be located on subject property approximately 20'• by 40'
10. The following are all of the individuals, firms, or corporations
owning property adjacent to both sides and rear and in front of
(across street from) the property sought to be rezoned. (Use
additional pages if necessary). These people will be notified by
mail of this application.
ia:\LUD
• Donald G. and Cathy
G. Ganse
Address:
1554 Valley Mill Road
Nester Virginia 22601
Property
ID# : 54000A00000000000112-E
54000A00000000000112-F
2. Robert T. and
Barbara G. Ganse
Ad ress:
1 Colonial Heights
Winchester Virginia 22601
Property
ID#:
54000A00000000000112-C
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11. Additional comments, if any
I (we), the undersigned, do hereby respectfully make application
and petition the governing body to amend the zoning ordinance and
to change the zoning map of the County of Frederick, Virginia, with
the above facts as support of this application . . .
Signature of Owner:'���T
Robert T. Ganse Barbara G. Ganse
Signature of Applicant:*E��
Robert T., Ganse Barbara G. Ganse
Complete Mailing Address: 1 Colonial Heights
Winchester, Virginia 22601
Telephone Number: 662-9075
For Office Use Only
PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date),4/-a-eb
Approval Denial SECRETARY (signed)
BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 4-01-E�(o
DApproval Denial COUNTY ADMIN. (signed)
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CERTIFICATE No.
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COUNTY of FREDERICK
Department of Planning and Development
Robert W. Watkins - Planning Director
703/665-5651
April 15, 1986
Mr. and Mrs. Robert Ganse
1 Colonial Heights
Winchester, Virginia 22601
Dear Mr. and Mrs. Ganse:
This letter is to confirm the Frederick County Board of Supervisors' action at
their meeting of April 9, 1986:
Approval of Rezoning Application #004-86 of Robert T. and Barbara G. Ganse to
rezone 11,572 square feet from RP (Residential Performance) to B-2 (Business
General) for parking in conjunction with the 220 Seafood Restaurant and for
expansion of the existing restaurant facility. This property is designated as
Parcel 112-C on Tax Map 54 and is located at 1 Colonial Heights, adjoining the
220 Seafood Restaurant parcel of land, 1/4 mile east of Winchester and south of
Route 7 in the Stonewall Magisterial District.
If you have any questions regarding this rezoning, please do not hesitate to call
this office.
Sincerely,
Robert W. Watkins
Planning Director
RWW/dkg
cc: Eston 0. Rudolph, Jr., Commissioner of Revenue
George B. Whitacre, Circuit Court Cleric
9 Court Square P.O. Box 601 - Winchester, Virginia - 22601
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THIS DEED made and dated this _LL� day of
1986, by and between Orpha G. Martin, Widow, party of the first
part, and Robert T. Ganse and Barbara G. Ganse, his wife,
parties of the second part.
WITNESSETH: That for and in consideration of the sum
of Ten Dollars ($10.00) and other good and valuable'considera-
tion, the receipt of all of which is hereby acknowledged, the
party of the first part does hereby grant, bargain, sell and
convey with general warranty of title, unto the parties of the
second part, as tenants in common, a one-half (1/2) undivided
interest each, in and to the following described property and
appurtenances thereunto belonging:
All that certain tract or parcel of
land, together with the improvements thereon
and the appurtenances thereunto belonging,
lying and being situate on the northwestern
side of Martin Drive in Stonewall Magis-
terial District, Frederick County, Virginia,
containing 11,572 square feet and being more
particularly shown as Lot 27, Section Two,
Colonial Heights Subdivision, on that
certain plat made by 11. Bruce Edens, C.L.S.,
attached hereto and by reference made a part
hereof, and being a portion of the same
property acquired by Eldorus E. Martin and
Orpha G. Martin, his wife, by deed from
George H. Eagle, Jr., et al, recorded in the
Office of the Clerk of the Circuit Court of
Frederick County, Virginia, in Deed Book 187
at Page 129. Eldorus E. Martin died testate
on January 16, 1968, and by his Last Will
and Testament recorded in the aforesaid
Clerk's Office in Will Book 68 at Page 586,
he devised all of his right, title and
interest in the subject property to Orpha G.
Martin.
Reference is here made to the aforesaid instruments
and the attachments and the references therein contained for a
further and more particular description of the property hereby
conveyed.
This conveyance is made subject to all duly recorded
and enforceable restrictions, easements and rights of way.
The party of the first part covenants that she has a
BK6I2FG210
right to convey said property to the parties of the second
part; that she has done no act to encumber said property; that
she will execute such further assurances of title to said
property as may be requisite; that she is seized in fee simple
of the property conveyed; and that the parties of the second
part shall have quiet possession of said property free from all
encumbrances.
WITNESS the following signature ond seal -
I,
V
(SEAL)
Orpha G. Martin
STATE OF VIRGINIA
7
OF c�/,Gx�/u.,, To -wit:
The foregoing instrument was acknowledged before me by
Orpha G. Martin, Widow.
Given under my hand this I/X/ day of
My Commission expires � �c'�?c��i�, �o, }s��/o f' : AL
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CERTIFICATE No.
54 17.3 (a)965
54.17.3 (b)162 c /.RGINLA FREED COU SCT.
This instr ent of wriVgr was produced to me on the
REV LAW S`w : day of 19at L�� 117,
ct certificat �Iack�nowledgm
eat Jhwety an WAS
mitted to regzfd. Tax imposed by Sec.. d8-,)4. 1 of
to • ad ,and 58-54 have been paid, if apse_ :mob..
Clem
•"i %K
COUNTY of FREDERICK
Department of Planning and Development
Robert W. Watkins - Planning Director
703/665-5651
March 25, 1986
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The Application Of: Robert T. and Barbara G. Ganse
Rezoning Application To: Rezone 11,572 square feet located east of Winchester,
south of Route 7 and north of Route 659 and adjoining the parcel of land on which
the "220 Seafood Restaurant" is located, from RP (Residential Performance) to B-2
(Business General) for parking and expansion of the existing restaurant facility.
This rezoning application will be considered by the Frederick County Board of
Supervisors at their meeting of April 9, 1986 at 7:30 p.m. in the Board of
Supervisors' Meeting Room, the Old Court House, Winchester, Virginia.
Any interested parties having questions or wishing to speak, may attend this
meeting.
Sincerely,
Robert W. Watkins
Director
RWW/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
,,.Tliis is to certify the the attached correspondence was mailed to the following on
March 26, 1986 from the Department of Planning and Development, Frederick County,
Virginia:
Robert T. and Barbara G. Ganse
1 Colonial Heights
Winchester, Virginia 22601
Donald G. and Cathy G. Ganse
1554 Valley Mill Road
Winchester, Virginia 22601
STATE OF VIRGINIA
COUNTY OF FREDERICK
'V'
Robert W. Watkins, Director
Frederick County Dept. of Planning
, a Notary Public in and for the state and
county aforesaid, do hereby certify that Robert W. Watkins, Director for the
Department of Planning and Development, whose name is signed to the foregoing,
dated , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this day of
My commission expires on
. 1986.
NOTARY PUBLIC
COUNTY of FREDERICK
IDepartment of Planning and Development
Robert W. Watkins - Planning Director
703/665-5651
March 19, 1986
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The Application Of: Robert T. and Barbara G. Ganse
Rezoning Application To: Rezone 11,572 square feet located east of Winchester,
south of Route 7 and north of Route 659 and adjoining the parcel of land on which
the "220 Seafood Restaurant" is located, from RP (Residential Performance) to B-2
(Business General) for parking and expansion of the existing restaurant facility.
This rezoning application will be considered by the Frederick County Planning
Commission at their meeting of April 2, 1986 at 7:30 p.m. in the Board of
Supervisors' Meeting Room, the Old Court House, Winchester, Virginia.
Any interested parties having questions or wishing to speak, may attend this
meeting.
Sincerely,
Robert W. Watkins
Director
RWW/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
y+This is to certify the the attached correspondence was mailed to the following on
March 19, 1986 from the Department of Planning and Development, Frederick County,
Virginia:
Robert T. and Barbara G. Ganse
1 Colonial Heights
Winchester, Virginia 22601
Donald G. and Cathy G. Ganse
1SS4 Valley Mill Road
Winchester, Virginia 22601
Robert W. Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
a Notary Public in and for the state and
county aforesaid, do hereby certify that Robert W. Watkins, Director for the
Department of Planning and Development, whose name is signed to the foregoing,
dated "-7j-q , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this day of *Zzj'—C�' 1986.
My commission expires on � d lqd 2
NOT Y PUBLIC
LAW OFFICES
COSTELLO, DICKINSON, JOHNSTON, GREENLEE, COLEMAN 8 MCLOUGHLIN, P. C.
12 ROUSS AVENUE
SUITE 200
POST OFFICE BOX 2740
WINCHESTER, VIRGINIA 22601
LEWIS M. COSTELLO
THOMAS M. DICKINSON, 1R. (703) 665-0050 OF COUNSEL
GEORGE W. JOHNSTON, IIL 1OSEPH S. FARLAND
DOUGLAS A. GREENLEE
H. EDMUNDS COLEMAN, III
DENNIS 1. McLOUGHLIN
BRADLEY C. SNOWDEN March 11, 1986
I hereby certify that I have checked the status of the real
estate taxes on Lot 27, Section Two, Colonial Heights Subdivision,
Stonewall Magisterial District, Frederick County, Virginia, and have
determined that they have been paid through the second half of 1985.
Thomas M. Dickinson, Jr.
COUNTY of FREDERICK
Department of Planning and Development
OF P(q Robert W. Watkins - Planning Director
Q�NO
OEVFLOPVP
MfryL M E M O R A N D U M 703/665-5651
Kelp
Sanitation Authority
, ATTN:
Mr.
Wellington Jones
Greenwood Fire Company
, ATTN:
Mr.
Walt Cunningham
VA. Dept. of Highways & Transportation
, ATTN:
Mr.
William H. Bushman
Inspections Department
ATTN:
Mr.
John W. Dennison
Planning Department
ATTN:
Mr.
Robert W. Watkins
Zoning Department
ATTN:
Mr.
Robert W. Watkins
FROM: Robert W. Watkins, Director DATE: March 14, 1986
SUBJECT: Review Comments On: Conditional Use Permit
X Rezoning (11,572 sq.ft.)
Subdivision
Site Plan
We are reviewing the enclosed request by Robert T. & Barbara G. Ganse
or their representative,
Will you please review the attached and return your comments to me as soon as
possible.
----------------------------------------------------- ----------------------------
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
No objection to rezoning. However, should Martin Drive ever be added to the
Secondary System, a commercial entrance permit would be required at that
time.
l
Signature , Date -,e
9 Court Square
P.O. Box 601 - Winchester, Virginia - 22601
COUNTY of FREDERICK
r7f Department of Planning and Development
Robert W. Watkins - Planning Director
MAR 17 1g86 M E M O R A N D U M 703/665-5651
o UUTIDIJI-Tr�Iuj
Sani.tatiion`AtiLtrori-lam---_
, ATTN:
Mr.
Wellington Jones
Greenwood Fire Company
, ATTN:
Mr.
Walt Cunningham
VA. Dept. of Highways & Transportation
, ATTN:
Mr.
William H. Bushman
Inspections Department
, ATTN:
Mr.
John W. Dennison
Planning Department
, ATTN:
Mr.
Robert W. Watkins
Zoning Department
, ATTN:
Mr.
Robert W. Watkins
FROM: Robert W. Watkins, Director DATE: March 14, 1986
SUBJECT: Review Comments On: Conditional Use Permit Subdivision
X Rezoning (11,572 sq.ft.) Site Plan
We are reviewing the enclosed request by Robert T. & Barbara G. Ganse
or their representative,
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
Signature Date
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
COUNTY of FREDERICK
Department of Planning and Development
Robert W. Watkins - Planning Director
M E M O R A N D U M 703/665-5651
TO:
Sanitation Authority , ATTN: Mr. Wellington Jones
Greenwood Fire Company , ATTN: Mr. Walt Cunningham
VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman
Inspections Department , ATTN: Mr. John W. Dennison
Planning Department , ATTN: Mr. Robert W. Watkins
Zoning Department , ATTN: Mr. Robert W. Watkins
FROM: Robert W. Watkins, Director DATE: March 14, 1986
SUBJECT: Review Comments On: Conditional Use Permit Subdivision
X Rezoning (11,572 sq.ft.) Site Plan
We are reviewing the enclosed request by Robert T. & Barbara G. Ganse
or their representative,
Will you please review the attached and return your comments to me as soon as
possible.
-------------------------------------- -------------------------------------------
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
Signature 4f / Dateei/�C�=�%�/� ./ ��
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
COUNTY of FREDERICK
lye Department of Planning and Development
Robert W. Watkins - Planning Director
M E M 0 R A N D U M 703/665-5651
TO:
Sanitation Authorit
, ATTN: Mr. Wellington Jones
Greenwood Fire Company , ATTN: Mr. Walt Cunningham
VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman
Inspections Department
Planning Department
, ATTN: Mr. John W. Dennison
, ATTN: Mr. Robert W. Watkins
Zoning Department , ATTN: Mr. Robert W. Watkins
FROM: Robert W. Watkins, Director DATE: March 14, 1986
SUBJECT: Review Comments On: Conditional Use Permit
X Rezoning (11,572 sq.ft.)
Subdivision
Site Plan
We are reviewing the enclosed request by Robert T. & Barbara G. Ganse
or their representative,
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
MR N
I • •07/l l� • - 1N
LlSignature)� Date
GL
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
APPLICATION FOR REZONING
IN THE
COUNTY OF FREDERICK, VIRGINIA
Zoning Amendment No. —8�1
Application pate 'j
Fee Paid F/00.0
Submittal Deadline is
For the Meeting of
1. The applicant is the owner x other (check one)
2. OWNER OCCUPANT: (if other than owner)
NAME:Robert T. and Barbara G. Ganse NAME: See Attached.
ADDRESS:_1 Colonial Heights ADDRESS:
Winchester, Virginia 22601
TELEPHONE: 662-9075 TELEPHONE:
3. The property sought to be rezoned is located at (please give exact
directions) East of Winchester - south of Route 7 and north of Route 659
adioining parcel of land on which is located 220 Seafood Restaurant
4. The property has a frontage of 150+ feet and a depth of 100+
feet and consists of 11,572 y4drG'a, (Please be exact)
sq. ft.
5. The property to be rezoned is owned by Robert T. and Barbara G. Gansea,�
evidenced by deed from orpha G. Martin recorded in dee ok
no. 612 on page 209 , registry of the County of Frederick
Lot 27 -
portion o£
6. This property is designated as parcel no. Parcel 112 on tax map no.
54 in the Stonewall Magisterial D str et.
7. It is desired and requested that the property be rezoned from
RP to B-2
8. It is proposed that the property will be put to the following use
Parking in conjunction with the 220 Seafood Restaurant and for expansion
of existing restaurant facility
9. It is proposed that the following buildings will be constructed
Part of an addition to an existing building on adjoining property will
be located on subject property approximately 20k by 40�
10. The following are all of the individuals, firms, or corporations
owning property adjacent to both sides and rear and in front of
(across street from) the property sought to be rezoned. (Use
additional pages if necessary). These people will be notified by
mail of this application.
NAMF.
• Donald G. and Cathy
G. Ganse
I Ad ress:
1554 Valley Mill Road
Nester Virginia 22601
Property
ID#: 54000A00000000000112-E
54000A00000000000112-F
• Robert T. and
Barbara G. Ganse
A ress:
1 Colonial Heights
Winchester Vir inia 22601
Property
ID#:
54000A00000000000112-C
•
A ress:
Property
ID#
4•5
Address:
Property
ID#:
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11. Additional comments, if any
I (we), the undersigned, do hereby respectfully make application
and petition the governing body to amend the zoning ordinance and
to change the zoning map of the County of Frederick, Virginia, with
the above facts as support of this application . . .
Signature of Owner: �(� u � s /
Robert T. Ganse Barbara G. Ganse
Signature of Applicant: R4S� - AWW—/ A '6a
Robert T, Ganse Barbara G. Ganse
Complete Mailing Address: 1 Colonial Heights
Winchester, Virginia 22601
Telephone Number: 662-9075
For O ce Use Only —
PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date)
Approval = Denial SECRETARY (signed)
BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date)
DApproval = Denial COUNTY ADMIN. (signed)
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SECTION TWO
COLONIAL HEIGHTS FUBDIVISION
SCALE I "- 50
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54-17.3 (a)965
54.17-3 (b)162 c
LANU s�•�
LOT 51 /
: 15,2800 �
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LOT 32 e �
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