HomeMy WebLinkAbout09-84 Lantz Construction Company - Back Creek - Backfile001.1 F(/ .-,. f
COUNTY of FREDERICK
IDepartment of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
April 23, 1984
Mr. Allen D. Ervin
Lantz Construction Company
Route 1, Box 441-B
Winchester, Virginia 22601
Dear Mr. Ervin:
This letter is to confirm the 'Frederick County Board of zoning
Appeals' action at their meeting of April 17, 1984.
Approval of Variance Application #009-84 of Lantz Construction
Company for a 40' front setback variance for a commercial
building. This property is designated as Parcel 99(A) on Tax
Map 63 in the Back Creek Magisterial District.
If you have any questions, please do not hesitate to contact
this office.
Sincerely,
J dhT. P. Horne
Dtor
JTPH/rsa
9 Court. Sauare - P.O. Box 601 - Winchester, Virginia - 22601
VARIANCE #009-84
Lantz Construction Company
LOCATION - Route 11 South at Kernstown; 0.15 miles south of Kernstown'
stoplight, on east side of the road.
MAGISTERIAL DISTRICT - Back Creek
TAX MAP & PARCEL NUMBER - Tax Map 63, Parcel 99(A)
LAND USE & ZONING - Residential/Industrial Warehouse Land Use and
M-2, Industrial Zoning
ADJOINING LAND USE & ZONING - Mixed Industrial/Commercial Land Use
and Zoning.
PROPOSED USE & IMPROVEMENTS - Commercial Building
VARIANCE REQUESTED - 40 foot front setback
REASON FOR VARIANCE - 1) only area'which building can be located due
to septic system. 2) conform to existing businesses. 3) utilization
of land.
BACKGROUND INFORMATION - The applicant wishes to construct a
warehouse 35 feet from the right-of-way of Route 11 ; the M-2
Industrial Zoning regulations require a 75 foot setback.
STAFF COMMENT - A building permit and site plan is required prior to
construction.
0 0 9-S'4-1-3
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application No.
Application Date 3/23/84
Fee Paid $45.00
1. The applicant is the (owner)
Submittal Deadline is 3/23/84
For the Meeting of4Z17/84
(other) X (check one)
2. NAME: Lantz Construction Company OCCUPANT: (If other than applicant)
ADDRESS: Rt. 1, Box 441-B NAME: James J. Lantz
Winchester, VA 22601 ADDRESS: Rt. 1. Box 1124, Middletown VA 22645
TELEPHONE:- 703/665-0130 TELEPHONE: 703%869-4095
3. The property is located at (please give exact directions)
Route 11 south at Kernstown;0.15 miles south of Kernstown.stoplight, on
eaL - sLLe Qf road. - --- -
4. The property has a frontage of 395.04 feet and a depth of (varies)*
feet and consists of 2.47 acres. (Please be exact)
* one side 65.36 feet; other side 314.80 feet.
5. The property is owned by James J. Lantz as evidenced by
deed from Vallie Lantz recorded in deed book no. 393
on page 2iL_, registry of the County of Frederick
6. This property is designated as parcel no. 99 on tax map no.
63 in the Back Creek Magisterial District.
7. Property Identification Number: 63000 A00 0000 0000 0099-0
8. The existing zoning of the property is: M2
9. The existing use of the property is: Warehouse/Residential
North - RP Rear - M2
10. The adjoining properties zoning is: South - B2 Across Road - B2/B3
11. The adjoining properties land use is: Retail commercial
12. Describe the variance sought in terms of distance and type. (For
example - A 3' rear yard variance for an attached two car garage.)
Variance of ''X feet frnm Prince of ri nht-nf_wav fnr rnmmnrri a i hiii lrii nn
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
1. Only area which building can be located due to septic system.
. _Utilization of land
Page Two
-Variance
009-0-q
*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:
NAME
1.
Address:
Roy R. J. Wilkins
Betty J. Wilkins
Rt. 3 Box 70 Winchester VA 22601
Property ID#:63000 A00 0000 0000 0028-0
2.
Address:
Matthew J. Chicklo Jr.
Betty V. Chicklo
2950 Valley Ave., Winchester VA 22601
Property ID# :
63000 A00 0000 0000 0029-0
3.
Address:
A. Brokers Associates
3237 Valley Ave., Winchester VA 22601
Property ID#
63000 A00 0000 0000 0030-0
4.
Address:
Charles Barton
Rt. 3 Box 353 Winchester VA 22601
Property ID#:
63000 A00 0000 0000 0031-0
5.
Address:
3284 Valley Ave. Winchester VA 22601
Valley Corporation
Property ID# :
63000 A00 0000 0000 0097-0
6.
Address:
Box 220 Chambersburg PA 17201
H. C. Gabler, Inc.
Property ID# :
63000 A00 0000 0000 0098-0 & 63000 A00 0000 0000 0107-0
7.
Address:
P.O. Box 515 Winchester VA 22601
Philip R. Yount
Property ID# :
63000 A00 0000 0000 0100-0
8.
Address:
102 Russell Croft Road Winchester VA 22601
Linden' A. Vann Jr.
Property ID#:
63000 A00 0000 0000 0104-0
9.
Address:
David R. Miller
Beverly J. Miller
Rt. 3 Box 369 Winchester VA 22601
Property ID# :
63000 A00 0000 0000 0105-0
10.
Address:
Rt. 3 Box 370 Winchester VA 22601
Jerry D. Clemons
Property ID# :
63000 A00 0000 0000 0106-0
"% ontinuation of adjacent property owners on Page Iwo (A)
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. /
N't st�ioi e Da"
Signature of Applicant: Date
Signature of Owner:
Date 3/23/84
For Office Use Only �
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date))- ^1 4
°J Approval Denial CHAIRMAN: a12
0 t 4
Page Two (A)
Variance Application for
James J. Lantz, dated 3/23/84
Continuation of Item #14, Adjacent Property Owners.
11.
Kernstown United P.O. Box 277, Rt. 3, Winchester VA 22601
Methodist Church 63000 AOO 0000 0000 0107-A
L
Variance Application for James J. Lantz,
dated 3/23/84
The following copies of deed and exhibits are attached as evidence
in support of this application:
1) Deed of property to Katie Lantz,
April, 1932
2) Will of Katie Lantz, deceased, leaving said property
jointly to Vallie Lantz and James Lantz,
recorded March, 1966
3) AffidaviT by James Lantz as sole heir of Vallie Lantz,
deceased, recorded July, 1972
()0 9--ky-7
-
itLL{r /' . a-
YOUNT i i' <,..
CC l-Yy- V
VI RGIt,?IA
FREDERICK COUNTY SCT:
This instrument of writing was produced to me on the 13th day
of l,lar. 1934, and with certificate of acknowledgment thereto annexed was admitted to
record.
DEP. CLERK.
#187
SUSAN C. LANTZ #
TO )( DEED aF
KATIE V. LANTZ
THIS DEED made and dated this 24th day of='ebruary, 1932, be
Susan C. Lantz, individually and as Executrix of the Estate of -Josiah Lantz, party
of the first part; and Katie V. Lantz, party of the second part.
WHEREAS, under the last Will of Josiah Lantz, of probate in the
Clerk's Office of the Circuit Court of Frederick ''ounty, Virginia, in Will No. 50,
Page 467, the hereinafter described real estate was devised to the said Susan C. Lantz,
and under which bill the said Susan C. Lantz was designated as Executrix, and
WHEREAS, the party of the first part has sold the her^inafter
described realty to Katie V. Lantz.
WITNESFETH: That the party of the first part, in consin-rati,n
of the premises and the cash sum of Ten Dollars ($10.00), to her in hand paid before
the delivery of this Deed, the receipt of which is hereby acknowledged, does hereby
grant and convey, with general warranty of title, unto the said Katie V. Lantz, her
heirs and assigns forever, all. of that certain tract of land, together with buildings,
improvements and appurtenances thereto belonging, situated in Shawnee Magisterial
District, Frederick County, Virginia, on the East side of the Valley Turnpike, at the
Southern end of Kernstown, bounded on the West by said Turnpike and the other property
of Josiah Lantz Estate, et als, on the'South by the property of Chiles and the M.
E. Church South, on the East by the property formerly owned by Taylor Wall, and on the
North by the other property of Josiah Lantz Estate, et als, containing Six (6) Acres,
more or less, and being the same property oonveyed to the late Josiah Lantz by Deed
from Alice Roberta Elbon, et als, bearing date May llth, 1926 which Deed is of record
in the aforesaid Clerk's Office in Deed Book No. 154, Page 514, to which Deed, and the
references therein made a reference is here made for a more complete description of the
property herein conveyed; and. the ame property devised to the said Susan C. Lantz under
the last Will of Josiah Lantz, above mentined.
;"fitness the following; signatures and seals this date above
written.
Witness Jas. P. Reardon
Revenue Stamp
11.00
Cancelled
her
SUSAN X C. LANTZ (SEAL)
mark
Executrix of the Estate of Josiah Lantz.
her
SUSAN X C. LANTZ (SEAL)
mark
J
co vq-,y2G:j
STATE OF VIRGPNIA, i
i
CITY -OF WINCHESTE'R, TO WIT:
Irene S. aeadley, a Notary -Public in and for the City of
Winchester, State of Virginia, hereby certify that Susan C. Lantz, individually and
I
as Executrix of the Estate of Josiah Lantz, whose name is signed to the foregoing i
writing, bearing date on the 24th day of pebruary, 1932, has this day acknowledged
the same before me in my City and State aforesaid, and I further certify that my j
Commission as Notary -Public expires August 13th, 1933.
Given under my hand this 20th day of April, 1932.
Irene S. {;eadley,
1 otary Public.
VIRGINIA FREDERICK COUNTY SCT:
This instrument of writing was produced to me on the 13th day
of Mar. 1934, and with certificate of acknowledgment thereto annexed was admitted to
record.
M_e-a_a��... DEPUTY CLERK.
co�
407
KATIE V. LANTZ - WILL
I, Katie V. Lantz,,of Frederick County, Virginia, being
of sound and disposing mind, memory and understanding, do hereby
make, declare and publish this instrument as my last will and
Testament, hereby revoking any and all wills heretofore made by
me.
FIRST: I direct that all of my just debts and funeral
expenses be paid.
SECOND: I hereby give, bequeath and devise all of my
estate, both real and personal, and wheresoever situate, jointly
to my sister-in-law, Vallie L. Lantz, and my nephew, James Josiah
Lantz,
THIRD: I hereby designate and appoint my nephew, James
Josiah Lantz, Executor of my Will and estate, and request that
he be permitted to qualify as such without surety upon his bond.
Given under my hand and seal this 22nd day of March,
1966.
(SEAL)
The above signature of the Testatrix, Katie V. Lantz,
was made and the foregoing Will was acknowledged to be her last
Will and Testament by the said Testatrix, in the presence of us,
two competent witnesses, both present at the same time; and we,
the said witnesses, do hereunto subscribe the said Will on the
date last above written, in the presence of the said Testatrix
and of each other, at the request of the said Testatrix, who was
then of sound mind and over the age of twenty-one years.
405 : u CC lj- ky-11
poor, 67 rnrr 408
In the Circuit Clerk's Office of Frederick County, Virginia:
On this 19th day of JUlY , 104 66 , a writing bearing date of the 22nd
day of March, 1966 , purporting to be the true, last will and testament of
Katie V. Lantz , deceased, was produced before the Clerk and duly
proved by the oaths of Dorothy G. Barrett (7-19-66) (Theress ^nodE rsaaa
the other Raba .ribi ng, wi .nega therpta not h .i ng found, returned
certified letter to last kno,,n address in Will File)
two of the subscribing witnesses thereto, Dorothy G . Barrett
who first being duly sworn did depose and say that the said_
Katie V. Lantz
presence, and they had signed the same
deceased, had signed said writing in their
her presence, and in the presence
of each other, they being all present together, and that the said
Katie V. Lantz , deceased, was of sound and deposing memory at the
time of signing said writing, and aha declared said writing to be her will.
Aim-writing-bcaring-d , PhI P-4 w o- ,
-t thrOf
-*ko, being duly sworn, -did depose-and-tay that -the said
%eeeased, had signed the said -writing in -their presence and that- they-had-&k%ed4e-sam6 ir#
prescnee, -and in the presence -of -each -other, they being all Ares he xid�
,-deceased, declared the said w6tin, to be a co icii to
deceased -tome- Hound -tad deposinr-memory-atthetime of 9 gning-acid-writing. All of the said facts being iuly
proved; and on the motion of James Josiah Lantz
the said writing WAs admitted to probate as and for the true, last will and testament of
Katie V. Lantz , deceased, and it is ordered to be recorded. On
motion of No Qualification (Will recorded only)
-the-Execut therein named is hereby-appointed-Execut of said
willi whereapen 9ualifir4by-entering-intoand-acknowledging-bond -in the penalty of
saretywho lastifiedas iciencT heaaid —
. g the prescribed oath to is -charge
VALLIE LEE LANTZ, DECEASED
AFFIDAVIT
********************************
i
393 FAGE 243
. -a. v. ,.mot Ce.
Form No 209-R�:vlsed—V. C. 1950, Sec. 64-127.1
AFFIDAVIT
State of Virginia,
Cou n.. ....o E...Fre.cle r i ci<..............................................
.......................................... after first being duly sworn, deposed and said as follows:
VaLe llie e Lantz 25t...h ... day of
That,.... this life on the............
June................... 19..72., intestate, seized and possessed of the following real estate lying, being
and situate in the ... Coun.ty........o.f Fredeeicic Virginia, described as follows:
......
(1) One acre improved on West side of Virginia Road No. 628, Back Creek
....... .. ........
District; and 1/2 interest in 2 1/2 acres improved East side Val ey
...................................................................................................................................................
Pike.Kern Shawnee District....................................................••••••••••••••••
r............... ......................`...............................................................................:................
That, the said....Valli... ...ee.•.I-anti ...................•.............,,•..,•...............left as Ad@/her sole heirs at law, the
following persons: ADDRESS
NAME RELATIONSHIP
James ....t,antz Rt.•....3, Box 70, Winchester
....................................................................
..................................
....................................................................................................................................................... .
.......................................................................................................................................................
.................................................................................................................................................. .
... I ..........................................................................................................................................
.......................................................................... - - -
..............................................................................................................................................
...........................................................................................
;and
That .....departed this life on the.................................day of
19.......... intestate, unmarried and without issue, and leaving as his/her sole heirs
at law, the following: ADDRESS
NAME RELATIONSHIP
.................................................................................................................................................................
:................................................................................................................................................................................................................................
............:............................................................................................................................................ .
...................................................................................................................................................... .
................................................................................................
......................................................................................................................................................
_...................................................................................................................................
; and
That, by virtue of the Statute of Descent and Distributions, .....James, J. Lant,z.....
....... ..............is the true and lawful owner of the above describe] real estate; and
That, the above described real estate stands in the name 0f1....,Va11ie I.ee Lantz; .and
.....
(2� ,Tames J. Lantz and Vallie I-ee Lantz on the land book,%" of the said
Rrr Xt+AC1i3tKDGX56kXt�tM}6X i�i ..Frederick Founty.j.... Virginia ............................... .............. : and
That, the said ....,fames....I..„Lant2.......................................... .desires trot the said real estate be trans-
ferred, assessed and indexed in his/her name as provided by SectionE the Code of Virginia.
Circuit Count of Frederick
That the Clerk of the...............................................Court of the.................Y...o...............le........ Frele.rick ...........................
Virginia, record this instrument in leis office and index the same as provided by law, and also certify an
abstract of this affidavit to the Commissioner of Revenue of said.. County ...............in order that the said
real estate hereinabove described may be transferred on the Land Books in the name of ....................................
James J•...Lantz,,,,,,,,,,,,,,,,,•,,...,,.........................................., and assessed as provided by law.
Heir—
STATE OF •VIRGINIA, BOOK 3.93 ' mcE 244
County Frederick
.......................................of...................................................................... to-wit:
BethBeazov I ............ ....... a...:..NotarY....Publ ic................... ............................................................................................. ,
do hereby certify that........ Jam.es.....J....... L.ant.............z .. .................... the affiant whosename is subscribed
.........:.....
to the foregoing affidavit, duly sworn and made oath to the correctness and truth of the facts stated
therein, before me in the said..... County ...................of...... Fre.der.ick.................................. ., State of Virginia,
thls.....:Alth..........' day of....Jul.Y................................ 19.72...
Given under my hand, this llth . ..._ . . day of Jul.y..... 1 ..72.
....................
My commission expires January 10, 1976
.........................r............
Notary Public —Clerk of Circuit/Corporation Court.
t(IPGUt�a rj?7nc:RIrK COMM, SCT. & C I a--
In%,rum, W of hr::in(; w.rs pro,to'eA to me on Ihe_
ka�, daY of
and with cer:iGcrio 01 acknowlodgment thereto noon' d as a trod
t` trcwd.
n ) nn l
G
� I
5
COUNTY of FREDERICK
IDepartment of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
April 3, 1984
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The application of: Lantz Construction Company
For: 40 foot front setback for a commercial building
The variance request will be considered by the Frederick
County Board of Zoning Appeals at their meeting of
April 17, 1984 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.
Sincerely,
J — n T . P. Horne
Director
JTPH/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
This is to certify the the attached correspondence was mailed to the
following on April 3, 1984 from the Department of Planning and
Development, Frederick County, Virginia:
LANTZ, JAMES J.
RT. 1 BOX 1124
MIDDLETOWN, VA.
22645
WILKINS, ROY L. JR. E BETTY J.
E RONALD R. L NETTIE A. WALTER
1600 S. BRADDOCK STREET
WINCHESTER, VA.
22601
CHICKLO, MATTHEW J. JR.
L BETTY V.
295C VALLEY AVENUE
WINCHESTER, VA.
22601
A BROKERS ASSOCIATED
3237 VALLEY AVENUE
WINCHESTER, VA.
22601
BARTON, CHARLES
RT. 3 BOX 353
WINCHESTER, VA.
22601
MILLER, DAVID R. JR.
L BEVERLY J.
OLD DOMINION SAVINGS L LOAN
VALLEY CORPORATION
3284 VALLEY AVENUE
WINCHESTER, VA. 22601
GABLER, H. C. INC.
BOX 220
CHAMBERSBURG, PA. 17201
YOUNT, PHILLIP R. TRUSTEE
OF THE RALPH P. UUNT
RESIDUAL TRUST
P. 0. BOX 515
WINCHESTER, VA. ??Ani
VANN, LINDEN A. JR.
102 RUSSELCROFT ROAD
WINCHESTER, VA.
22601
CLEMONS, JERRY 0. L LOIS B.
RT. 3 BOX 370
WINCHESTER, VA.
226JI
JOV T. P. Horne, Director
Frederick County Dept. of Planning
KERNSTOWN UNITED METHODIST
CHURCH
rin ST
STATE OF VIRGINIA PEN GEORGN YOAVENNSYLVQNIA ENUE
CQUNTY F FREDE C WINCHESTER, VA.
22601
I, p;Q , a Notary Public in and for the
state end county aforesaid, do hereby certify that John T. P. Horne,
Director of the Department of P ing and Development, whose name is
signed to the foregoing, dated � has
personally appeared before me and acknowledged the same in my state
and county foresaid.
Given under my hand this
my commission commission expires on
LAk i z CctJsTRucriM cO ,
i3T i , Bx. 441-8
( iA)CHESTER,UA- ZZ.C-0(
day of _ , 1984.
j InC). /
X
NOTA PUB/1LXC