Loading...
HomeMy WebLinkAbout027-69 Paul H. Ensogna - Backfile---e � - C -67"' 6 Xi-/ /.9 i T A FL DOh' FLAN .5-t'E:7-Cf/ jC�F .�iPC�GL� E,O D/SP,C A Y f7 UiL C/N<;i ✓011AI WINCNT ,5 r,EiP ✓A Am' Y /Z /So zst . i -4 - )4,�s�7 "? w .�9 l L y, r •�, � �i�. wry. M • ti LU f7 711 took— •,7 T:jr (SaUrry Photographers, Portrait and Commercial Telephone 667-1444 9 W. Piccadilly St. WINCHESTER, VIRGINIA ma�e/o,/96� r M1- i''.�er .• _ I.. . it 'T -;�-g Y /IY'lw,_ +�i1•��. __ - - _ - _ - ��.;-SA} . ' s - .+.-.1`T �i.�. 1-•^4! - _ y 26 --�s,k�.�__�_._ ._�.,,R_ a ►, _ . - � _ t� 1 Photographers, Portrait and Commercial Telephone 667-1444 9 W. Piccadilly St. WINCHESTER, VIRGINIA Y-4Y/11)1l?;�q AL 4 C�;1ir Gaff v-�rlj Photographers, Portrait and Commercial Telephone 667-1444 9 W. Piccadilly St. WINCHESTER, VIRGINIA S �I /�—l?S g `/'j fir• >•' ., �•. w Af tit - 4e; Photographers, Portrait and Commercial Telephone 667-1444 9 W. Piccadilly St. WINCHESTER, VIRGINIA My It, 7 lu C ,�2 �o,�,� � � _� _ n � �_.. ,.. � �:.K � !� �;7 VIRGINIA: BEFORE THE BOARD OF SUPERVISORS OF FREDERICK COUNTY: PETITION FOR REZONING BY PAUL H. ENSOGNA AND MARY ENSOGNA Petitioners respectfully petition the Board of Supervisors of Frederick County, Virginia, for an amendment of the Zoning Ordinance of Frederick County, Virginia, and set forth the following in support thereof: t 1. Petitioners are owners of a six acre tract of land known as the P. A. DeHaven Estate located on the Eastern side of U.S. Highway No. 11, also known as the Martinsburg Pike, about two and one-half miles North of Winchester in Stonewall District, Frederick County, Virginia. A more com- plete description of said land is contained in that certain plat and survey of Charles H. Kirkland, C.L.S. dated May 8. 1969, which is attached hereto and incorporated herein by this reference. 2. The subject property had formerly been used as a commercial nursery and greenhouse by the late P..A. DeHaven and Petitioners purchased the subject property for use as their permanent private residence, their Blue and Gray Electrical Service which had been located in their private residence on Woodland Avenue in Winchester, Virginia, and a lighting fixtures display room. 3. Before purchasing the subject property, Petitioner conducted a diligent inquiry as to the zoning regulations affect ing said property and Petitioners were advised by allscources contacted that there were no restrictions on their contemplated GUNT1.12 Ss ➢LOTI, ATTORNEYS AT LAW THE BENT BUILDING use of the property. WINCIIEHTER, VA. 4. Petitioners then applied for a building permit and said permit was granted by the Commissioner of Revenue for Frederick County, Virginia for the construction of a 25 ft. x 50 ft. one-story colonial -style building to be used as a display room for lighting fixtures which would be adjacent -2- (" _2 / I GUNTI:IZ .L- -MOTIL ATTORNJBYB AT LAN THE RENT BUILDING WINOIIEHTER. VA. to the residence house. 5. After construction was begun on said building, complaints were lodged with the said Commissioner of Revenue that Petitioners were preparing the subject property for a use prohibited by the zoning for the District in which said property is located. 6. Petitioners were then informed by said Commission of Revenue that the subject property was located in District A-2, Agricultural General, and their contemplated use of the subject property was not permitted in that District. 7. Petitioners have incurred substantial indebted- ness in acquiring the subject property and have substantially changed their position in reliance on theirbeing able to use said property for their contemplated purposes in that they have listed their present residence for sale and have given notice to terminate the lease on the building now leased by them for the lighting fixtures display room. 8. Prior to Petitioners' purchase, the subject property had been left unattended for sometime and had become overgrown and unsightly. Said property will be improved in appearance through Petitioners' efforts and will be an attrac- tive addition to the community rather than the detraction it was formerly. 9. The complexion and nature of the activities on U.S. Highway No. 11 North have changed considerably in recent years and Business and Commercial activities are prevalent in the Area from the city limits of ►rlinchester to and beyond the subject property on U.S. 11 North. 10. Petitioners' proposed structure is a small 25 ft. x 50 ft. one-story building of Colonial design as can be seen from the drawing and blue print marked Petitioners' Exhibit "A" and incorporated herein by reference. This structure will be attractive and add to the appearance of the community rather than detract from it. There will be no offensive or noxious -3- activities carried on and traffic will be minimal. 11. Therefore, no property values of adjoining landowners will be adversely affected by the granting of this Petition and the granting of this Petition will allow Peti- tioners to utilize the subject property in the manner for which they in good faith purchased it. 12. Petitioners believe it would be in the best interests of all concerned and in accordance with reasonable and sound zoning practices to amend the Zoning Ordinance changing the classification of the subject property from Zone A-2, Agricultural limited, to Zone B-2, Business general, to allow the subject property to be used as a combined residence, Electrical Service, and lighting fixtures display room, and a copy of the proposed amendment is attached as Exhibit B, or in the alternative to grant Petitioners a conditional use permit which will permit Petitioners' contem- plated use of the subject property. WHEREFORE, Petitioners pray that 1. Three copies of this Petition and attached Exhibits be filed by the Clerk. 2. The matter be referred to the Planning Commis- sion for its recommendation and report after the proper adver- tisement of its public hearing thereon. 3. The Planning Commission hold its hearing and render its report and recommendation on the proposed changes. 4. Upon receipt of the said report and recom- mendation, or after 30 days from said referral to the Planning Commission, this Board give the proper public notices of its public hearing thereon. GUNrrx s niorle ATTORNEYS AT LAW THE KrNT IiUILDING 5. The Board adopt the proposed amendment to its WINOFIEBTER, VA. Zoning Ordinance after said public hearings and reasonable consideration of the matter, or in the alternative grant 0'-�z -4- Petitioners a conditional use permit which will allow Petitioners' contemplated use of the subject property. WILLIAM M. MOTE, ESQUIRE Kent Building Winchester, Virginia Counsel for Petitioners I GIIl\TI11Z & 11fOTIC AT'rORNEYS AT LAW THE BENT BUILDING WINORESTER. VA. PAUL H. ENSOGNA and MARY ENSOGNA BY Counse. '�)'_-z -� I GUNrrER A; 'MOTE, ATTORNEYS AT LAW THE ICENT IIUILDING WINOHESTER. VA. PROCEDURE Application for Rezoning Frederick County under Section 15.1- 9l g , N93 Virginia Code (1968 Amendment) and Article 14 Frederick County Zoning Ordinance 1. Three copies of a Petition (Section 15.1-492(g) signed by the property owner (ibid) addressed to the Board of Supervisors (ibid) shall be filed with the Clerk of the Board (the Clerk of the Circuit Court of Frederick County) together with three copies of a plat and survey of the property proposed to be rezoned, and a deposit of 1; to cover the costs of advertisement (with appropriate refund billing to Petitioner upon completion of its advertisement). 2. The Clerk shall forthwith refer two copies of all such Petitions and exhibits to the Chairman and Attorney of the Planning Commission for its Recommendations, (Section 15.1-493) and Report (14-1-2). 3. Notice of the public hearing of the Commission shall be published by the Planning Commission at least once a week for two successive weeks in the bdinchester Evening Star or the Northern Virginia Daily (Section 15.1-431) in the following form: NOTICE OF A PUBLIC HEARING OF THE FREDERICK COUNTY PLANNING COMMISSION FOR ZONING AMENDMENTS On the day of , 1.9 , at .m., in the Board of Supervisors Room, Second Floor, Frederick County Office Build- ing, Winchester, Virginia, the Frederick County Planning Commission will hold a public hearing to hear the views of interested parties, evidence and argument to assist in recommending and reporting upon a Petition by Paul H. Ensogna and Mary Ensogna requesting an amendment to existing zoning regula- tions or in the alternative requesting a condi- tional use permit for the following property: d11-211 � -2- Those certain two adjacent tracts of land aggregating six acres, more or less, in Stonewall District, Frederick County, Virginia, about two and one-half miles North of Winchester, fronting on the East side of U.S. Highway No. 11. Said property lies within Zoning Area A-2 and said Petition requests an amendment or in the alternative a conditional use permit permitting said land to be used as a combination residence, Electrical Service and lighting fixtures display. Proposed plans, plat and survey, ordinances and amendments may be examined in the Office of the Clerk of the Circuit Court for Frederick County, Virginia. Frederick County Planning Commission by: I GUNTI'I2 & M011110 ATTORNETH AT LAN THE BENT BUILDING WINOIIEHTER, VA. ecretary 0:2 7 An Ordinance Amending the Zoning Ordinance So as to Change the Zoning Classification of the Property of Paul H. Ensogna and Mary Enso na on the East side of Highway No. 11, 22 miles North of Winchester in Stonewall District, Frederick County, Virginia, from Zone A-2 to Zone B-2 Whereas, after due reference, publications and public hearings held as provided by law, the Frederick County Planning Commission has recommended and reported favorably upon the Petition for rezoning of Paul H. Ensogna and Mary Ensogna and the Frederick County Board of Super- visors has found that public necessity, convenience, general welfare, reasonableness and good zoning practice required the hereinafter set forth rezoning amendment, NOW THEREFORE BE IT UNANIMOUSLY RESOLVED that the property of Paul H. Ensogna and Mary Ensogna located on the East side of U.S. Highway No. 11 about 0.7 miles North of the intersection of U.S. Primary Route #11 and Interstate Route 81 in Stonewall Magisterial District, Frederick County, Virginia, containing 5.9683 acres of land and being the same land conveyed to Paul H. Ensogna and Mary Ensogna by the Executors of P.A. DeHaven by deed dated Frebruary 19, 1969, recorded in Deed Book 351, page 141, in the Clerk's Office of the Circuit Court for Frederick County, Virginia, be, and the same hereby is, rezoned and is henceforth included in Zone B-2. I GUNIVEI? Jz A10 VE, ATTORNEYS AT LAW THE RENT BUILDING WINOII[:STER, VA. ),Y7 � c , " .2-4 ,^, ...��.f�'r'-"�m ^�� ' /,� r `"L.]b[• t:Y �., i�7c „"�i.• � , _.r' y - .. y � `� _ � �, � � ,sl -: �i"""-�'L" t-a��'�+� 1... am`'a�• _-�' .:1� �� •�°'�_�� r�'f.�'� � _-•--^ , - - 1 I ;i•.fti i i�r,;,. ter`'. , ' I ..�.. - '' r�T �`.,,,.•ti •w..r �y�:r�►'�R , r r • I'` - }' �(�`� �_ �ti✓C ��```7y�`7 log, ` � � 1 •�1 �. , .. •- .-►' � r^ a �.g�„ a �Cs�'�'¢r7'-� ,� > � -3 _ / : - , �"- ^t�om` �+!;,ice i• l.,q",}.er Nev t ' � • .•'�. � �f `prA" ��j . . f �''-� �:1+ �S' f.w, �- .r - J` .fir. 4. �,+♦ f - _... _ � _ Lij . „ 133FF Y LL fLii. Ll -:.p. �+ , � • -a��''-. c �t�:� ire. L , W EMT! Ll • 4- W-A l ylje/�.� fir!• p •� A A _ � ' �'K__lf � r •��, , r •.. . // , -_ � l_`. ._ _. .. .�, - � � �� •� •`' � ,�fi. �',. '7 �!"� q 1., :- - ._ter _ .J ��- L 11�- % _ -f h � f. •� � ` '�A �� r -tip 1� �1 L O .1 V I- �+ .�'^ :- �4'i �`I � - 1 r �J- t ` r i •r i � '� •b� tiy'- b �,`s J CA ryo �O, St,F A � 9R y Ei' /6/ Yf ' A 100, '50' 0' 100, 200, 300• sm SCALE I 1 � • 100' ^` PLAT OF ASUP.VEY MADE FOR PAUL li. ENSOGNA AND MARY ENSOGNA, P)lIMARY RTE. #11 ABOUT C•% MILES NORTH OF THE INTERSECTION OF U. " I'L DISTRICT OF FREDERICK COUNTY, V1R01N1A — CON,TAINING 5.9683 A THIS IS THE SAME LAND CONVEYED TO PAUL H. ENSOGNA AND MARY 1969, RECORDED IN DEED BOOK 351, PAGE Ihl, IN THE RECOROS OF THE S SURVEYED: MAY 8. 1969 N •A' HIS WIFE, OF A PARCEL OF LAND LYING ON THE EASTERLY SICE OF S. PRIMARY RTE. 411 AND INTERSTATE RTE. #81 IN STONEWALL LIAGISTER- RES OF LAND. , NSOGNA BY THE EXECUTORS OF P. H. VEHAVEN 15Y DEED DATED FEBRUARY 19, CLERK OF THE COURT, FREDERICK COUNTYp VIRGINIA• SURVEYED By CHARLES H. KIRKLAND, C.L.S. FL D0117 PLAN GF PPCF�-EQ BLU£ Y L/�;NT/N� CZ-&7ER D/SPlA / /N. ✓O//N M�N.9/k'rr'ASSOC. W/NCflE_; 2-C , ✓'A A)rW iz, /W zst 0.2 1? -�A r-xH d /SOMETK/C Si�E"7CH � ' . i OF \ BL lJ£ �` ejRAY L /GHT/N,!F CENTER s r AICH£Si'En VA. MAY /2 /P69 CPZ 7 No RECEIVED FROM Account Total $ may` p �, ""`^'U?�=a3Ar✓[rc74rsf�/ Amount Paid $ Balance Due $ "THE EFFICIENCY© LINE" -T ter- ) yr 19' �-/ — Tom,: The Honorable Members of the Frederick County Zoning Board Gentlemen: It has come to our attention that application has been made for a change in zoning of property facing Highway U.S. 111P north of Winchester between the overpass of Interstate No. 81 and the Old Charlestown Road. This area is now zoned residential and is recognized as orLof the most attractive residential areas in the County. We ob- ject to any chringe in the zoning law which would permit business establishments or any other change which would detract from the general residential appearance and values in the area. ZY, GV ff- TO: The Honorable Members of the Frederick County Zoning; Board Gentlemen: It has come to ou made for a change in honing north of Winchester between the Old Charlestown doad. r attention that application has been of property facing dighway U.S. 11, the overpass of Interstate No. 81 and This area is now zoned residential and is recognized as ore of the most attractive residential areas in the County. We ob- ject to any change ire the zoning law which would permit business establishments or any other change which would detract from the general reside . -At al ap,,,earanee ana values in the greae C� G� J"zl' ,f