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HomeMy WebLinkAbout040-70 Texaco, Inc. - Backfile (2)70 a w a HARRISON Fes• JOHNSTON ATTORNEYS AT LAW" BURR P. HARRISON WINCHESTER,VIRGINIA 22601 WILLIAM A.JOHNSTON CARLE F. GERMELMAN,JR. GRAICHEN BUILDING H. K. BENHAM III TELEPHONE AREA CODE 703 P. O. BOX 809ABETH B.J. ELI7J�B ETH B. B.JOI-INSTON 667-]266 April 8, 1970 Honorable George B. Whitacre Secretary Frederick County Board of Supervisors Court House Building Winchester, Virginia Dear Mr. Whitacre: I hand you herewith a Petition for Rezoning and check for filing fee on behalf of Texaco, Inc. I respectfully request that this matter be referred to the Frederick County Planning Commission at the next meeting of the Board of Supervisors, to be held Monday, April 13, 1970. SinceraGe�m Jr. CFG,Jr:krb Enclosure cc: Honorable Tom Rosenberger Benjamin M. Butler, Esq. 4-0 B — o*"*.. .�.�WMANWA � yo HARR15ON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA PETITION FOR REZONING AND AMENDMENT TO ZONING ORDINANCE OF FREDERICK COUNTY, VIRGINIA TO: The Honorable Tom Rosenberger, Chairman, and Members of the Board of Supervisors, Frederick County, Virginia TO: The Honorable Members of the Planning Commission, Frederick County, Virginia Your Petitioner, Texaco, Inc., a New York corporation, respectfully petitions the Board of Supervisors and Planning Commission of Frederick County, Virginia, as follows: 1. Your Petitioner is the owner of a certain lot of land, located in Opequon Magisterial District, Frederick County, Virginia, situate on the East corner of the intersection of Virginia Secondary Highway No. 647 and Virginia Highway No. 277, and containing 7.8 Acres, more or less. Said lot of land was purchased by Petitioner by deed from R. E. Stickley, et al, dated October 30, 1964, and recorded in the Office of the Clerk of the Circuit Court of Fredericl County, Virginia, in Deed Book 304, at Page 621. A sketch of said property, showing its relative size, shape and position with regard to other properties is attached hereto and incorporated herein by this reference. 2. After said purchase, your Petitioner was unable to begin construction and use of said property in the manner for which it was purchased, that is, an automobile service station, due to the difficulties of securing proper sewage disposal facilities. Several building permits were issued from time to time but could not be utilized for this reason. 3. In March, 1967, the Frederick County Zoning Ordinance was adopted by the Board of Supervisors of said County. 4. Your Petitioner, together with others, contributed financially to the construction and operation of water and sewer facilities which now serve the . Robert E. Aylor School located to the North of Petitioner's property, and said facilities are so situate and constructed that they can be utilized to serve Petitioner's property. e�5��, HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRG141A 6. Lands of R. E. Stickley adjoining that of your Petitioner were, severa: months ago, duly and properly re -zoned from Zone A-1 to Zone B-2 and Zone R-2, on petition of R. E. Stickley. 7. Your Petitioner believes and therefore states that its property has always been and is assessed and taxed each year as commercial property; Petitioner has been advised and believes that the use of said property for commercial purposes as an automobile service station with major repair under cover is permissable and a building permit may be issued to effect such use, however, the matter is not clear from examination of all circumstances in this matter and hence Petitioner's request herein. 8. Your Petitioner respectfully alleges that the development of the area in question, the location of the Petitioner's lot, the volume of traffic on Virginia Highway No. 27`J and Interstate dl, and the re -zoning of the lands of R. E. Stickley adjoining Petitioner's property all operate to render the Petitioner's land unsuitable for any use but commercial, and in particular, those commercial uses permitted by Zone B-2 of the Frederick County Zoning Ordinance. 9. Your Petitioner respectfully submits that a change of zoning of said lot from the possible applicable zone of A-1 to that of Zone B-2 whould be a logical, reasonable change in Keeping with the development of adjoining and nearby lands, that the best interests of all concerned would be promoted thereby, and that such action would be in accord with reasonable, sound, zoni and land use practices. 10. Your Petitioner is desirous of beginning its construction at said site, to construct an automobile service station with major repairs under cover, as soon as possible. WHEREFORE, your Petitioner respectfully requests: 1. That upon proper application, with construction plans and other necessary information submitted therewith, a building permit be issued to authorize petitioner to begin initial phases of construction, actual use and operation to be conditioned upon proper determination of said use. - 2 - HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 6. Lands of R. E. Stickley adjoining that of your Petitioner were, seve months ago, duly and properly re -zoned from Zone A-1 to Zone B-2 and Zone R-?-, on petition of R. E. Stickley. 7. Your Petitioner believes and therefore states that its property has always been and is assessed and taxed each year as commercial property; Petitioner has been advised and believes that the use of said property for commercial purposes as an automobile service station with major repair under cover is permissable and a building permit may be issued to effect such use, however, the matter is not clear from examination of all circumstances in this matter and hence Petitioner's request herein. 8. Your Petitioner respectfully alleges that the development of the area in question, the location of the Petitioner's lot, the volume of traffic on Virginia Highway NO. 277 and Interstate 61, and the re -zoning of the lands of R. E. Stickley adjoining Petitioner's property all operate to render the Petitioner's land unsuitable for any use but commercial, and in particular, those commercial uses permitted by Zone B-2 of the Frederick County Zoning Ordinance. 9. Your Petitioner respectfully submits that a change of zoning of said lot from the possible applicable zone of A-1 to that of Zone B-2 whould be a logical, reasonable change in keeping with the development of adjoining and nearby lands, that the best interests of all concerned would be promoted thereby, and that such action would be in accord with reasonable, sound, zoni and land use practices. 10. Your Petitioner is desirous of beginning its construction at said site, to construct an automobile service station with major repairs under cover, as soon as possible. WHEREFORE, your Petitioner respectfully requests: 1. That upon proper application, with construction plans and other necessary information submitted therewith, a building permit be issued to authorize petitioner to begin initial phases of construction, actual use and operation to be conditioned upon proper determination of said use. - 2 - That Petitioner's lot be zoned for uses as prescribed under Zone B-2 of the Frederick County Zoning Ordinance, and any necessary amendment to said Ordinance be effected as prescribed by law and in accordance with statutes governing such matters. That by the filing of a copy of this petition before the Secretary of the Planning Commission of Frederick County, that Honorable body review and recommend approval of such action at its next meeting, after due notice and in accordance with statutes governing such action, and submit such recommendation to the Frederick County Board of Supervisors. Respectfully, T"XACO, INC. BY Carle F. Germelma.n, Jr. Agent and Counsel r� G Q-22 191 RECEIVED FROM cti , A--j- 1 nA .l _12 --- --- Account Total $ Amount Paid $ Balance Due $ "THE EFFICIENCY LINE" HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA r, n m r. L r- y ,Y T�� �t%s�i F•IM1, ��rt t:. i i[, .sy f`rp;�Gi"C ��.f� _ b � Y jt/-- - •� ' yam' �•.e. '�_'{CI`f ty.3.Vr J'R -► t�ro�-;---r-r T�'-�- y i,' ��f+1�3��trF qJ;�'� �? "-� 1 t�. � ♦ - � •1;'! -i ! �P� ._ Yc+�� - - _ — _ _ �•r w'��^4 �"�._w uj�Y�3t r"=1^w'`" C�-� „�-^Y c.� __ _ •,•,� �,`• G'w--/ Al /a C� '"i f. c moo. a � 4 �7t / Ilk j r mf, i i •'��Q � o / o 7p. 4T3 _ Qj � • r o m moz tZ < i A L, ��o • 3a � a j' Iouz `rc? 77 ,i �Y • j fo INTkRSrAT,E 9-1 VA, This sketch not to scale. Frepared from plat attached to petition for re -zoning filed by H.E. Stickley. Texaco lot marked and shown on said plat. Stickley re -zoning apIroved Novei;iber 1969.