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Home My WebLink About02-83 Robert D Brown - Stonewall - Backfilej� 0 ) -43 _/ COUNTY of FREDERICK Department of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 April 25, 1983 Mr. Robert D. Brown" Bauserman Oil Company, Inc. P.O. Box 3336 Winchester, Virginia 22601 Dear Mr. Brown: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of April 19, 1983. Approval of Variance Application #002-83 of Robert D. Brown for a 65' height variance for a high-rise sign located at US Route 11 North and Route 672 in Clearbrook, Virginia. This property is designated as Parcel 163 on Tax Map 33-(A) in the Stonewall Magisterial District. If you have any questions, please do not hesitate to contact this office. Sincerely, he�� IT n P. Horne Director JTPH/rsa 9 Court Square P.O. Box 601 - Winchester; Virginia 22601 t o oa-K 3 J q lxe.bexick Conntg Reparttnent of 191anning anb Pe6eloyment DIRECTOR P. O. BOX 601 JOHN T. P. HORNS 9 COURT SQUARE DEPUTY DIRECTOR WINCHESTER, VIRGINIA 22601 STEPHEN M. GYURISIN April 5, 1983 TO THE APPLICANT(s) and/or ADJOINING PROPFRTY OWNER(s) The application of: Robert D. Brown Variance Application for: 65' height variance for a high rise sign This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of April 19, 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/rsa Sincerely, auQ, i L-j c ohn T. P. Horne Planning Director 703/662-4532 00a - f 3 - . Application #002-83 The application of Robert D. Brown requesting a 65' height variance. This property is zoned B-2 (Business, General) and is designated as Tax Map 33-(A), Parcel 163, in the Stonewall Magisterial District. Background Information The applicant is seeking a height variance for a high rise sign, 100 feet in height. The B-2 Zoning District regulations call for a maximum sign height of 35'. A 65' variance will be required for a 100' sign. Oba- F3 -3 APPLICATION FOR VARIANCE • IN THE COUNTY OF FREDERICK, VIRGINIA 0 Variance Application N . -:03 Submittal Deadline is-:� - - 93 Application Date For the Meeting of -3 Fee Paid 1. The applicant is the (owner) (other) �. (check one) 2. NAME:&6Eg AN ey& Gi `fie, OCCUPANT: ( If other than applicant) ADDRESS : , Q NAME: W/n ide?v S iL , ( . -00 / ADDRESS: TELEPHONE- TELEPHONE: 3. The property is located at (please giveexact irections) 4. The property has a frontage of 3OS feet and a depth of �,� feet and consists of 4� acres. (Please be exact) 5. The property s owned by I� (�, f cll llCc /1-1, &Div,Jas evidenced by deed fromu,.� (,� �-[L recorded in deed book no. on page egistry of the County of 6. This property is designated as parcel no. on tax map no. in the ^/ . , & L._ Magisterial District. 7. Property Identification Number: # L/&3 8. The existing zoning of the property is: -•-_� 9. The existing use of the property is: 10. The adjoining properties zoning 11. The adjoining properties land use is:-#/&e/x- SAap f4Rw, -<A* , SAL--S ). /s8 = cry 12. Describe the variance sought in terms of distance and type. (For e/)amp�� A �rea�r�ard variance f�r an a a ed two car garage.) 13. List specific reason(s) 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 Page Two Variance ooa - ?3 -,y 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 Man Street. Route. Box. Etc. Nos. mow A r1rWVW.'r!.M-MA a--i � � _ r / 1 L i�� ►. /r 15. Additional comments, if any 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: il For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION Approval Denial SECRETARY OF (date) .� V `l ( signed ) )0�� GLADIS H. W=ZELL, WIDOW D E E D GLADIS H. WHETZELL, ET AL VIRGINIA fR CAI TCv CGIlil,lITY, This Instr,:ment of itin wa% prod ced to me on the ... - --------day r ! and wlth certificate of acknowlkdgment thereto annexed4--- PAGEd tted to record �RECO K ED BOO- If _ HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER,VIRGIN IA 22601 GRAICHEN BUILDING 009L9 THIS DEED, made this .3./,day of 1968, between Gladis H. Whetzell, widow, of the one part, hereinafter called the Grantor, and Gladis H. Whetzell and John S. Whetzell, of the other part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty of Title, unto the Grantees, in fee simple, jointly, with right of survivorship, together with all rights, privileges and appurtenances thereto belonging, the following described property: All that certain improved parcel of land located on the West side of U. S. Highway No. 11, at Clearbrook, in Stonewall Magisterial District, Frederick County, Virginia, bounded on the North by the Hopewell Road, on the South by the land of the L. 0. Dick Estate, on the East by said highway and on the West by the Pennsylvania Railroad right of way, being the same property devised to the Grantor herein by her husband, Stuart C. Whetzell, by will probated February 27, 1957 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Will Book 62, at Page 82. The property had previously been conveyed to Stuart C. Whetzell by Margaret B. Whetzell, et al, by deed dated February 10, 1937 and recorded in the aforesaid Clerk's Office in Deed Book 173, at Page 236. A reference to the aforesaid deeds and to the references therein contained is here made for a further and more particular description of the realty hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record, if any, affecting the aforesaid realty. Except as noted above, the Grantor covenants that she has the right to convey said realty to the Grantees; that the Grantees shall have quiet possession thereof, free from all encumbrances; that she has done no act to encumber said realty and that she will execute such further assurances thereof as may be requisite. WITNESS the following signature and seal: HARRISON 6 JOHNSTON f _ (SEAL) ATTORNEYS AT LAW �I•�" \ WINCHESTER. VIRGINIA Gladis H. Whetzell n, n; U40 521 06�.83'A RRISON d JOHNSTON ATTORNEYS AT LAW 'NCHESTER. VIRGINIA STATE OF VIRGINIA, COUNTY OF FREDERICK, To -wit: I % C.r'-�''.,, j; . a Notary Public of and for the State and County aforesaid, do certify that Gladis H. Whetzell, widow, whose name is signed to the foregoing writing, bearing date on the day of LefiI/ , 1968, has acknowledged the same before me in my State and County aforesaid. Given under my hand this ;3 Z- day of « t! 1968. 1+y commission expires Notary Public / (o VIRGINIA FREDER!CK COUNTY, SCT. Vda of E is Instrument of writ, was produced to me on the Y ot_ %� ti and with certificat frwiedgment thereto a xedwas admitted to record./�M Q - 2 - OOa-83-I� � March 24, 1983 #13 This varience is being requested due to the hardship caused by our lack of visibility to traffic on I-81.. Our business consists of an auto/truck ful .s stop, restaurant, and convenience grocery. The nature of our business is such that it is largely dependent upon the awareness and accessibility to traffic on I-81 for its success. We have expended a sizeable sum of money and effort over the past year to improve the appearance and atmosphere of an existing business that was failing and had reached a point of a deteriorated appearance. We have improved both the level of business and the appearance of an important piece of property in the local community, but remain severly handicapped by our lack of visibility to the people traveling I-31. We are located at the intersection of Rt. 672 and Rt. 11 north approximately L mile from I-81 at exit #t83 in Clearbrook, Va.. We are separated from I-81 by a large piece of property occuppied by the Barnyard Gift Shop and an orchard, as well as a set of railroad tracks. We are situated east of the railroad tracks on property with a low topographic setting completely blind to I-81.. We have been unable to secure billboard type sign indenti- fication as there are no signs available witnin a reasonable distance of our location, and the state of Virginia will not issue a permit for any new signs of this type. We have also been unable to secure a sign on the interstate fuels logo program. We meet all the criteria for this except for providing oil changes and lubrication. Consequently, they will not place us on the fuel identification sign for this interchange. We feel we have exhausted all the other avenues available to us inorder to relieve this hardship. Your favorable consideration in this matAi is requested. Sincerely,