HomeMy WebLinkAbout012-68 John Von Sneidern, Et Al - Backfile----------------------------------------------------------------------
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Planning Commission Minute Book No. I p 69 Meeting of 01 MAY 68
The Chairman then called for the Public Hearing on the petition of John
Von Sneidern and others, for re -zoning of 6 Acres along the West side of
Route No. 11, the South side of Route No. 81, and the Northeast side of
Welltown Pike, from M-1 to B-2 for the purpose of construction of a motel,
restaurant and gasoline service station.
Mr. H. K. Benham, III, attorney, appeared for the petitioners and was
the only person present, who was interested in the petition. There were no
objections to the petition.
Mr. Benham made a statement on behalf of the petitioners and departed.
The next order of business was the consideration of the petitions.
On motion duly made, seconded, and unanimously passed, the petition of
John Von Sneidern, et als, was approved with a variance for a restaurar.
Planning Commission Minute Book No. I pp 64-65 *Meeting of 10 APR 68
t The Chairman then presented the petition of John Von Sneidern, Philip
B. Glaize and wife, and Fred L. Glaize and wife, to rezone six acres on the
northwest side of intersection of U.S. Route No. 11, Interstate Route No. 81,
and Virginia Secondary Route No. 661.
Whereupon, upon Motion by C. L. Ritter, seconded by C. E. Bass, the
following Resolution was made:
BE IT RESOLVED that the Planning Commission shall hold a Public Hearing
on May 1, 1968, at 3:30 P.M. in the Board Room of the County Office Building,
to consider:
(1) The petition of John Von Sneidern, et als, for re -zoning of six (6)
Acres from Manufacturing-1, Light Industrial to Residential-2, Business General,
located along U.S. Route No. 11, Interstate Route No. 81, and Virginia Secondary
Route No. 661.
Board of Supervisors Minute Book No. 10 p 272
Meeting of 10 JUN 68
John Von Sneidern, Philip B. Glaize, et als - change in zoning - final approval
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF FREDERICK COUNTY, VIRGINIA
WHICH WAS ADOPTED ON THE 13th DAY OF MARCH, 1968, TO CHANGE THE ZONING
OF CERTAIN REALTY AND TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A
RESTAURANT THEREON
BE IT ENACTED, That the land of John Von Sneidern, Philip B. Glaize,
Dorothy H. Glaize, Fred L. Glaize, III, and Ann W. Glaize, amounting to 6 acres
nd situate on the Western side of Interstate Route 81, the Northern side of
U.S. Highway No. 11, and the Eastern side of Virginia State Secondary Road No.
661 (the Welltown Pike) more particularly described in that certain plat and
survey of Richard U. Goode, Certified Surveyor, dated November 30, 1967, be
rezoned from M-1 to B-1 and a variance be granted to allow for the construc-
tion and operation of a restaurant thereon.
This Ordinance is hereby adopted after due notice and the holding of
a public hearing on the loth day of June, 1968.
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HARRISON S JOHNSTON
ATTORNEYS AT LAYI
'IHCHESTER, VIRGINIA
BEFORE THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA:
IN RE: 6.0 ACRES OF LAND LOCATED AT INTERSTATE ROUTE 81 AND
U. S. HIGHWAY NO. 11 INTERCHANGE, FREDERICK COUNTY,
VIRGINIA
PETITION FOR Ai+iE MENT OF ZONING ORDINANCE
To the Honorable Supervisors of Frederick County, Virginia:
Your Petitioners, John von Sneidern, unmarried, Philip B. Glaize and
Dorothy H. Glaize, his wife, and Fred L. Glaize, III and Ann W. Glaize, his
wife, respectfully state:
1. Petitioners are the owners of that certain tract of land containing
6.0 Acres situate on the Western side of Interstate Route 81, the Northwest
side of U. S. Highway No. 11 and the East side of Virginia State Secondary
Road No. 661 (the Welltos-m Pike), more particularly described in that certain
plat and survey of Richard U. Goode, Certified Surveyor, dated November 30,
1964, attached hereto marked "Exhibit A" and incorporated herein by this
reference, the male Petitioners having acquired said land by deed from
Cloverdale Farm, Incorporated dated December 11, 1964, and duly recorded in
the Office of the Clerk of the Circuit Court of Frederick County, Virginia,
in Deed Book 306, at Page 170.
2. On October 14, 1963 (prior -to purchase of said land by Petitioners),
the Board of Supervisors of Frederick County amended the then existing
County Zoning Ordinance to permit use of said 6.0 Acres, and other lands,
for construction and operation of a motor hotel (commonly called motel),
restaurant and automobile service station, as more fully appears from a
Certificate of Resolution of the Board of Supervisors of Frederick County,
Virginia, attached hereto marked "Exhibit B" and incorporated herein by this
reference.
3. Petitioners purchased said property on December 11, 1964, in
reliance upon the zoning as so stated and then existing.
Subsequently, the Board of Supervisors of Frederick County has
adopted a comprehensive Zoning Ordinance which classifies the subject land
in Zone M-1, Industrial Limited, which classification prohibits the use of
the property for a motel, restaurant and/or automobile service station.
Petitioners believe that, in enacting the said comprehensive Zoning Ordinance
the then existing zoning of the subject land was overlooked.
Although the said 6.0 Acres of land has not been presently developed
your Petitioners contemplate the future development of the property as a
motel, restaurant and/or automobile service station.
Petitioners respectfully request amendment of the existing zoning
ordinance by changing the zoning of the subject 6.0 Acres of land from
Industrial Limited (M-1) to Business General (B-2) or by such other change as
the Board of Supervisors shall deem appropriate to permit use of the property
for a motel, restaurant and/or automobile service station.
Petitioners believe, and so allege, that such change would be in
keeping with sound zoning practice in view of the location of the property
at the interchange of Interstate Route 81 and U. S. Route 11.
Petitioners respectfully direct the attention of the Board of
Supervisors to the fact that no single zoning district as defined in the
existing zoning ordinance clearly permits use of land in that district for
motels, restaurants and/or service stations. Zone B-2 permits hotels,
motels (Paragraph 7-1-10.) and service stations, with major repair under
cover (Paragraph 7-1-16.). Paragraph 16-40. defines "hotel" as a building
where individuals are, for compensation, lodged, "with or without meals"
which would imply restaurant facilities. There is no definition of "motel".
Although "restaurant" is defined in Paragraph 16-61., Petitioners believe
that nowhere in the entire zoning ordinance is there a zone or zones
expressly permitting use of land as restaurants. Petitioners believe this
to be an oversight which should be remedied by appropriate amendment of the
HARRISON S JOHNSTON zoning ordinance.
ATTOR14EYS AT LAW
WINCHESTER. VIRGIMA M11:REFORF, Petitioners pray for enactment of an appropriate amendment
to the existing Frederick County Zoning Ordinance permitting use of the
subject land for a motel, restaurant and/or automobile service station by
(a) rezoning the subject property from Zone M-1 to Zone B-2 and (b)
clarification of the permitted uses under Zone B-2 to the effect that land
subject to said classification may be used for construction and operation
of a restaurant.
HARRISON & JOHNSTON
25 East Boscawen Street
Winchester, Virginia
Counsel for Petitioners
I HARRISON S JOHNSTON
ATTGRN EYS AT LAW
WHICHESTER, VIRGINIA
Respectfully submitted,
JOHN VON SNEIDERN, PHILIP B. GLAIZE,
DOROTHY H. GLAIZE, FRED L. GLAIZE, III
AND ANN W. GLAIZE
By
Counsel
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CERTIFICATE OF RESOLUTIOPT OF
BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA
I, Lee N. Whitacre, Clerk of the Circuit Court of Frederick County, Virginia,
do hereby certify that the following preamble and resolution were duly
adopted by the Board of Supervisors of Frederick County, Virginia, at its
regular meeting held October 111, 1963, all members present and voting
affirmatively:
WHEREAS, Cloverdale Farms, Inc. and Humble Oil and Refining Company, herein-
after called Petitioners, have heretofore filed a petition and amended petition
requesting amendment of the existing zoning ordinance to permit the construction
and operation of a motor hotel, restaurant and automobile service station on
land owned by Petitioners situate in Stonewall A4agisterial District and more
particularly described hereafter; and
WHEREAS, the matter was thereafter in due course referred to the Planning
Commission which has reported its approval of the amendment to the Board as
being in keeping with good zoning practice; and
W,MREAS, the Board thereupon on the 16th day of September, 1963, directed a
public hearing be held thereon in accordance with §15-968.7, Code of Virginia,
as amended, and that notice thereof be published as required by law; and
WIPREAS, pursuant to the aforesaid notice a public hearing was held in the
manner prescribed by law on the 14th day of October, 1963, at 11:00 a.m. at
the Board of Supervisors' Room, Courthouse Building, Winchester, Virginia,
following which, on motion duly made, seconded and unanimously adopted, it
was
RESOLVED: That, it being in keeping with good zoning practice
and in the public interest, the existing county zoning ordinance
is hereby amended to permit the construction and operation of
a motor hotel (commonly called motel), restaurant and automobile
service station (commnonly called filling station) upon all that
certain tract or parcel of land owned partly by Cloverdale Farms,
Inc. and partly by Humble Oil and Refining Company, lying and
being situate in Stonewall Magisterial District, Frederick County,
Virginia, containing 20 Acres, more or less, said land being
bounded on the South and East by proposed Interstate Route No.
61, on the North by -the Pennsylvania Railroad right of way and
on the West by Virginia Secondary Route No. 661 (the Welltown
Pike).
Clerk
(SEAL)