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HomeMy WebLinkAbout17-82 John H Wert - Opequon - Backfile�fr,ebv'xrxk. C 0untu e xtxtt�extt d 111anning aub PQfxQ.Callmut DIRECTOR JOHN T. P. HORNE DEPUTY DIRECTOR STE'PHEN M. GYURISIN January 3, 1983 Mr. John H. Wert P.O. Box 89 Middletown, VA. 22645 Dear Mr. Wert: P. O. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 This letter is to confirm the action taken by the Frederick County Board of Zoning Appeals at their meeting of December 21, 1982, with regard to your request for variance. The Board of Zoning Appeals approved Variance Request #017-82 of John H. Wert for a 45' 6" front setback variance for the installation of gas pump canopies. If you have any questions, please do not hesitate to contact this office. Sincerely, n T . P. Horne Director JTPH/rsa 703/662-4532 Application #017-82 The application of John H. Wert requesting a 45' 6" front setback variance. This property is zoned A-2 (Agricultural -General) and is designated as Tax Map 91, Parcel 27, in the Opequon Magisterial District. Background Information The applicant is seeking a variance for the installation of gas pump canopies, 14' 6" from the VDH&T right-of-way. This will require a 45' 6" front setback variance of the A-2 (Agricultural -General) Zoning District regulations. The A-2 regulations require that the setback line be located 60' or more from any highway, street, or road right-of-way which is 50' or greater in width. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application/No. Submittal Deadline is ;_---->h/Z- Application Date For the Meeting of Fee Paid Z- 2 1. The applicant is the (owner) (other) �. (check one) 2. NAME: ( OCCUPANT: (If other than applicant) ADDRESS: erl NAME: &.1 '' f ADDRESS: TELEPHONE: '� TELEPHONE: - - 3. TIje property is "located at (please g ve,e,ct directions) ynt 4. The property has a frontage of P,64� feet and a depth of LSO feet and consists of ,_9.2- acres. (Please be exact) 5. The property is owned by -1t (2'- Kt'je as evidenced by deed fro QW , rjjj.. � � recorded in" deed book no. 4-zd on page P07 , registry of the County of ' .e( 6. This property is d signated as parcel no. A�j on tax map no. 91_ in the eA.ex% Magisterial District. 7. Property Identification Number: �j�C,�� 4 a 7 8. The existing zoning of the property is: k;Z- 9. The existing use of the property is; 10. The adjoining properties zoning is: F 11. The adjoining properties land use 12./ Describe the ,"variance sought in terms of distance and type. (For example A 3' rear yard variance for an attached two car garage.) 13. List specific reasons) why the variance is being sought in terms of: - exceptional narrowness shallowness, -size, or shape of a specific piece of property, or-��-�---- - exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or - the use or development of property immediately adjacent thereto P 337 72 5 6 E RECEIPT FOR CERT IE MAIL NO INSURANCE COVERAGE OV ED— NOT FOR INTERNATIONA L (See Reverse) v P TAT N DE POS AGE Li c CERTIFIED FEE t SPECIAL DELIVERY t 0 RESTRICTED DELIVERY t LL s w W SHOW TO WHOM AND ¢ U L2 DATE DELIVERED � f w y SHOW TO WHOM, DATE. H AND ADDRESS OF ¢ g a W DELIVERY � z g w SHOW TO WHOM AND DATE r, x DELIVERED WITH RESTRICTED¢ i o DEL VERY o �-' Q SHOW TO WHOM, DATE AND ADDRESS OF DELIVERY WITH ¢ RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ POSTMARK OR DATE STICK POSTAGE STAMPS TO AARCLE TO JpOVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SE19CTED OPTIONAL SERVICES. (see hoot) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 45. Enter fees for the "services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 7 *GPO: 1980 331-003 8 P 337 7125 6 7 RECEIPT FOR CERT FIE MAIL NO INSURANCE COVERAGE RDV ED— NOT FOR INTERNATION M L (See Reverse) SENT TO r ST TAND NO. MP. ., TAT A DZIP DE POSTAGE $• CERTIFIED FEE t W SPECIAL DELIVERY ¢ c RESTRICTED DELIVERY t �++ SHOW TO WHOM AND t w uyi �j DATE DELIVERED CC SHOW TO WHOM, DATE, M h H y AND ADDRESS OF 6 g C W DELIVERY � Z c W SHOW TO WHOM AND DATE o r, ¢ DELIVERED WITH RESTRICTED ¢ y o ¢ DELIVERY cSHOW TO WHOM, DATE AND ADDRESS OF DELIVERY WITH ¢ RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ POSTMARK OR DATE STICK POSTAGE STAMPS TO ARTICLE TO VVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends it space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 7 *GPO: 1980 331-003 P 337 725 609 RECEIPT FOR CERTIFI D M NO INSURANCE COVERAGE PROVED NOT FOR INTERNATIONAL MA (See Reverse) SE TO &rn Union THE TANDp1O.� r e .�.11T� a 119-11111 STA E ND OD U.J. 07,9 POSTAGE S CERTIFIED FEE W W SPECIAL DELIVERY ¢ x 0 RESTRICTED DELIVERY ¢ SHOW TO WHOM AND ¢ LL to W w H w U � DATE DELIVERED f 7 y y SHOW TO WHOM, DATE. y AND ADDRESS OF ¢ i a 2 W DELIVERY 2 w SHOW TO WHOM AND DATE o s DELIVERED WITH RESTRICTED ¢ z DELIVERY o SHOW TO WHOM, DATE AND ADDRESS OF DELIVERY WITH ¢ RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ POSTMARK OR DATE STICK POSTAGE STAMPS TO AfW4CLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. It return receipt is requested, check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. GPO: 1980 331-003 P 337 725 608 RECEIPT FOR CEVAPRO MAIL NOINSURANCECOVERIDED— NOT FOR INTERNATIIL (See Reverse) SE TTO A-lbotf, U4-& z ZIP POSTAGE IS CERTIFIED FEE I ¢ 1 SPECIAL DELIVERY ¢ s o ¢ RESTRICTED DELIVERY w SHOW TO WHOM AND LL to ¢ H U � DATE DELIVERED N h SHOW TO WHOM, DATE. f w y y AND ADDRESS OF ¢ i ¢ W DELIVERY = c w SHOW TO WHOM AND DATE o °C DELIVERED WITH RESTRICTED¢ z DELIVERY o � SHOW TO WHOM. DATE AND ADDRESS OF DELIVERY WITH ¢ ,p r RESTRICTED DELIVERY a TOTAL POSTAGE AND FEES $ a POSTMARK OR DATE Q 8 m MC G O Fr. G. STICK POSTAGE STAMPS TOA*TICLE TO, COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see h nt) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present The article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. . 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 7 *GPO: 1980 331-003 • SENDER: Complete items 1, 2, 3, and 4. Add your address ir, the "RETURN TO" space on reverse. (CONSULT POSTMASTER FOR FEES) i. Thpt following service is requested (check one). RShow to whom and date delivered ............ —Q ❑ Show to whom, date, and address of delivery.. _.Q 2. ❑ RESTRICTED DELIVERY _0 (The restricted delivery fee is charged in addition to the return receipt fee.) TOTAL 3. ARTICLE ADDRESSED TO: (nonce U15fa, 445Sr_>C . A000 19Ad erSic4l 7 r�0-C e-an 10 4. TYPE OF SERVICE: J ❑R�eCERTIFIED XTERED ❑INSURED ARTICLE NUMBER pa�-. 37 ❑ COD ❑ EXPRESS MAIL —7Z5- 6i© (Always obtain signature of addressee or agent) I have received -the artic -e *scribed above. StGNATURt ❑ AkddLessee* Authorized agent 5. DATE OF DELI Nn' POSTMARK ✓_ O 6. ADDRESSEE'S ADDRESS (Only ijrequesred) 7. UNABLE TO DELIVER BECAUSE: 7a. EMPLOYEE'S INITIALS UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS PENALTY FOR PRIVATE SENDER INSTRUCTIONS USE TO AVOID PAYMENT Print our name, a OF POSTAGE, $300 Complete km 1. y ddree;, anOaP Code in the space below. • Ato Ral<% % vad of oft I 1 on the reverse. othwin9tobadofaepm P �' fhOept. of Planning & Dev Xen • Endo=Artlde'RetumReceipt Requested" g adlacenttonumber. COUNTY OF FREDERICK, VIRGINIA RETURN P. 0. BOX 601 TO i Winchester, Virginia 22601 (Name of Sender) (Street or P.O. Box) (City, State, and ZIP Code) j • SENDER: Complete items 1, 2, 3, and a. Add your address in the "RETURN TO" space on reverse. (CONSULT POSTMASTER FOR FEES) 1. The ;ollowing service is requested (check one). IR'Show to whom and date delivered .................... —d ❑ Show to whom, date, and address of delivery.. —0 2. ❑ RESTRICTED DELIVERY —0 (The restricted deliveryfee is charged in addition to the return receipt fee.) TOTAL 3. ARTICLE DDRESSED TO: Mr: Mahn Di•-I�.+'��y w. BOX *0/ Middle --town, 1A. adlo 4s 4. TYPE OF SERVICE: ARTICLE NUMBER ❑ REGISTERED ❑ INSURED `33-% EC7`RTIFIED ❑ COD ❑ EXPRESS MAIL �7 ! (Always obtain signature of addressee or agent) I have received the article described above. SIGNA M ❑Addressee El Authorized agent i � � V 5. DATE OF DELIVERY Jg f ADDRE E'S ADDRESS if S. (Only requested (, 1982 7. UNABLE TO DELIVER BECAUSE: 7a. NPLbYeEIS , INITIALS UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER IMMUCTIONS Print your name. am I v in the space below. • cm ME/IM1YNreverse. otlueMr6MIMM�� • Endanaft9hlnReceiptRequested" ad*w to rAmd w. RETURN TO I PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE, SM Wes Dept. of Planning & Development COUNTY OF FREDERICK, VIRGINIA P. 0. Box 601 Winchester, Virginia 22601 (Name of Sender) i (Street or P.O. Box) I • (City, State, and ZIP Code) I SENDER: Complete Items i, 2, 3. grid 4. Add your address ;r. the "RETURN TO" space on reverse. (CONSULT POSTMASTER FOR FEES) t. The owing service is requested (check one). Show to whom and date delivered .................... —2 ❑ Show to whom, date, and address of delivery.. —Q 2. ❑ RESTRICTED DELIVERY —d (The restricted delivery fee is charged in addition to the return receipt fee.) TOTAL S ' 3. ARTICLE LE,E'T 4. TYPE OF SERVICE: ❑ R ISTERED ❑ INSURED CERTIFfED C UMBER 7�- ❑ COD El EXPRESS MAIL I / ZS _ 6a o (Always obtain signature of addressee or agent) I have received the article described above. SIGNATURE ❑ Addressee ❑ Authorized a eent DATE DEUV � / Z v n , 6. ADDRESSEE'S ADDRESS (Only if requwed) 7. UNABLE TO DELIVER BECAUSE: 7a. O 'S A UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS I Print your name, address, and ZIP Code in the space below. I Am l to (raft 1 u Mai( e on s reverse. space permits, I otherwise affbf to bast of article. i Endorse artlele-Return Recalpt Requested- adjacent to number. RETURN TO PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE, $300 Dept. of Planning & Development COUNTY OF FREDERIM VIRGINIA F. A. Box 691 Winchester, Virginio 22601 (Name of Sender) (Street or P.O. Box) (.City, State, and ZIP Code) i SENDER: Complete items 1, 2, and 3. Add you: address in the "RETURN TO" apace on reve se. 1. The following service is requested (check one.) ❑ Show to whom and date delivered ........... _ a ❑ Show to whom, date and address of dehvery..._. ❑ RESTRICTED DELIVERY Show to whom and date delivered ............ — ¢ ❑ RESTRICTED DELIVERY. Show to whom, date, and address of delivery.s— (CONSULT POSTMASTER FOR FEES) ART CLE ADDR ED TO: St 9. ARTICLE DESCRIPTION: REGISTERED 11. I O% J7 D NO. I INSURED NO. 7a5• G 3 3 (dllways obtain sig:tature of addresses or agent) 1 have received the arti d sc_' d above. SIGNATURE Ad ssee u orized i7agent 4. DATE OF DE LIVE Y. / 5. ADDRESS iC-"Pfate onlyst/ ` A- G. UNABLE TO DELIVER BECAUSE: CLERK'S INITIALS *GPO: 1979-288848 UNITED STATES POSTAL SICE OFFICIAL BUSINESS %.A Print your name, address, and ZIP Code in the'tpace below. • Complete items 1, 2, and 3 on the r9vyrsa.- • Attach to front of article if space permih. -- otherwise affix to back of article. • Endorse article "Return Receipt Requested" adjacent to number. RETURN TO PENALTY FOR PRIVATE �. USE TO AVOIO PAYMENT OF POSTAGE. 14700 +!d� et P'lannkte �, Developm>� COUNTY OF FREDERICA, VIRGINIA P. 0. Box 601 Winchester, Yrginia 22601 (Name of Sender) (Street or P.O. Box) (City, State, and 23P Code) • t c,2 cly -2� Page Two Variance 14. 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 for which the variance is being sought. (Use additional pages if necessary). These people will be notified by mail of this application. Numbers Complete Mailing Address NAME Parcel Tax Map Street, Route, Box, Etc. Nos. 66�I 15. Additional comments, if any 15 ' .2 is / l V V I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Zoning Appeals of the County of Frederick, Virginia, and authorize the members of the Board of Zoning Appeals or a representative of the County to go upon the property for the purpose of making site inspections. I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. Signature of Applicant: Date: // - �, For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) Approval Denial SECRETARY (signed) lk fi Nl- m y s n � 0 O � o e .0 n `C 01-7-?a-6 712 _ _#2325 ►1 1 JAMES C. KLI,--- ( i TO: :. :: DES' n)� JAMES C. n1NE, ET UX 9�C� V i rkCE % �:. . D E E D. THIS DEED, made and entered into this _�day of July, 1974, by and between JAMBES C. KLINE and RUTH P. KLINE, husband and wife, and CLARENCE G. COLLETTE and BERTRAM MARIE COLLETTE, husband and (wife, herein called the Grantors, and JAMES C. KLINE and RUTH P. (KLINE, husband and wife, 513 West King Street, Strasburg, Virginia, 122657, herein called the Grantees. WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid to the Grantors and other good and (valuable considerations, the receipt of which is hereby acknow- ledged, the Grantors do hereby grant, bargain, sell and convey with General Warranty and English Covenants of Title unto the Grantees, as Tenants by the Entireties and not as Tenants in Common, with the Express Right of Survivorship as at Common Law, ,the following described tract of land, together with all improve- ments thereon and appurtenances thereunto belonging, located on the I Northwest side of U. S. Highway No. 11, about one-fourth (1/4) mile South of Middletown and situate in Opequon Magisterial District, Frederick County, Virginia, and is more particularly described by metes and bounds by a survey prepared by Richard U. Goode, Cert- ified Surveyor, dated 24 November, 1958, as follows: Beginning at (1) an iron post set in concrete, at the South- -;west corner of the Henry lotj thence with the Northwest line of I U.S. Highway No. 11 S 58° 30' W 152.7 feet to (2) an iron peg; thence S 61° 30' W 47.3 feet to (3) an iron peg; thence with two i{2) new division lines through Orndorff's land N 28° 00' W 200.0 • Ifeet to (4) an iron pegs thence N 59° 11' E 200.0 feet to (!,)) an iron peg; thence with the land of John W. Henry S 28° 00' E 200.0 Feet to the point of beginning, containing 40,135 square feet, N11TC/ICLL 5c ARTIIVR I` ..,-. moreor less. I r 713 (2) The aforesaid real estate is the identical real estate which i was conveyed to the Grantors herein by deed dated the 22nd day of I Decemi:er, 1964, from Walter A. Snellings and Fleta R. Snellings, husband and wife, and recorded in the Clerk's Office of the Circuit,ll Court of Frederick County, Virginia, in Deed Book , Page Said plat of survey is recorded in the aforesaid Clerk's Office in Deed Book 255, Page 265. Reference is hereby made to the aforesaid plat and deed for a more complete description and further derivation of title.. This conveyance is made subject to all restrictions, easements and rights of way of record, if any, affecting Lthe aforesaid real estate. WITNESS the following sign t res and seals: (SEAL) �JISES C. KLINE L fi (SEAL) ! RUTA P.. KLINE (':/�rr..�.��/CIf_'l (SEAL) CLARENCE G. COLLE TE SEAL BERTRAM MARIE COLLETTE ATE OF VIRGINIA TY OF SHENANDOAH, TO -WIT: / The foregoing instrument'was acknowledged before me this of July, 1974, by James C. Kline and Ruth P. Kline, husband and ife. 13 - 4,1 l Nnxary Public y Commission Expires: % mot, / 7 • 714 I BOCK�i (3) STATE OF VIRGINIA (COUNTY OF SHENANDOAH, TO -WIT: The foregoing instrument was acknowledged before me this day of July, 1974, by Clarence G. Collette and Bertram Marie Collette, husband and wife. /Notary Public ,My Commission Expires: 1 , = I J ViRGL%1LA FREDERICK COUNTY, SCT. TLis instrumert of writing was produced to me on the n d.,�y of 19O 'E , at ��A,n �n certi,'. of a �nowl �dg-nent thereto annecei was sdrutted to raccrd. Tax uu,��.�3.i .31 S2c• d� � �• 1 of e_nd.5_-54 have been paid, if aise:eable. Clerk. G DIRECTOR P. 0. BOX 601 „IOHN T. P. HORNE 9 COURT SQUARE DEPUTY DIRECTOR WINCHESTER, VIRGINIA 22601 STEPHEN M. GYURISIN December 7, 1982 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: John H. Wert Variance Application For: A 45' 6" front setback for a gas pump canopy This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of December 21, 1982, at 3:30 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. JTPH/dll ncerely, VJhn T. P. Horne Director 703/662-4532 V 01'7-b'')L-I0 L . "l-�-,I/i