HomeMy WebLinkAbout11-84 Kremer Oil Corporation - Gainesboro - BackfileCOUNTY of FREDERICK
IDepartment of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
May 17, 1984
Mr. Kremer
Kremer Oil Corporation
1936 Valley Avenue
Winchester, Virginia 22601
Dear Mr. Kremer:
This letter is to confirm the Frederick County Board of Zoning
Appeals' action at their meeting of May 15, 1984.
Approval of Variance Application #011-84 of Kremer Oil
Corporation for a 13' front setback variance for a gas pump
canopy. This property is designated as Parcel 191 on Tax Map
51, and is located at the corner of Route 50 West and Dick's
Hollow Road (VA. Route 608) in the Gainesboro Magisterial
District.
If you have any questions, please do not hesitate to contact
this office.
Sincerely,
o n T. P. Horne
rector
JTPH/rsa
0 C nilrt Srniare. - P.O. Box 601 - Winchester. Virginia - 22601
COUNTY of FREDERICK
IDepartment of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
May 17, 1984
Mr. Bobby L. Frye and
Mrs. Betty L. Frye
Frye's Corner Grocery
Winchester, Virginia 22601
Dear Mr. and Mrs. Frye:
This letter is to confirm the Frederick County Board of Zoning
Appeals' action at their meeting of May 15, 1984.
Approval of Variance Application #011-84 of Kremer Oil
Corporation for a 13' front setback variance for a gas pump
canopy. This property is designated as Parcel 191 on Tax Map
51, and is located at the corner of Route 50 West and Dick's
Hollow Road (VA. Route 608) in the Gainesboro Magisterial
District.
If you have any questions, please do not hesitate to contact
this office.
Sincerely,
i
n T. P. Horne
rector
JTPH/rsa
0 Cniirt CniinrP - P 0- Rnx 601 - Winche.gter. Virginia - 22601
VARIANCE #011-84
Kremer Oil Corporation
LOCATION - The corner of Route 50 West and Dick's Hollow Road
(VA. Rt. 608)
MAGISTERIAL DISTRICT - Gainesboro
TAX MAP & PARCEL NUMBER - Tax Map 51, Parcel 191
LAND USE & ZONING - Commercial land use and A-1 (Agricultural
Limited) zoning.
ADJOINING LAND USE & ZONING - Open space, residential, agricultural,
land use and agricultural zoning.
PROPOSED USE & IMPROVEMENTS - 24' X 24' gas pump canopy
VARIANCE REQUESTED - A 13' front setback variance
REASON FOR VARIANCE - Exceptional narrowness, shallowness, size, or
shape of a specific piece of property..or improving the existing
location (grandfathered). The applicant is requesting an approximate
13' variance for a canopy which has a 12' overhang from the canopy
pole, which is approximately 25' from the right-of-way (Route 50) and
approximately 50' from the edge of Route 50. This structure meets
the setbacks from Route 608. The pump island is located where it has
been for 30'years. The identification sign and lights were removed
and the canopy proposed is for the same location. The footings have
been poured to specifications. The overhang is in an air space
approximatley 15' high. The canopy measures 24' X 241.
BACKGROUND INFORMATION - The applicant is seeking a variance for a
241 X 24' gasoline canopy to be placed over an existing gasoline pump
island. The canopy structure will extent to the required setback
area. This will require a 13' variance of the A-1 (Agricultural
Limited) zoning requirements that call for a 60' setback from the
road right-of-way.
STAFF COMMENT - The gasoline pump island canopy is considered a
structure and is subject to all the requirements of the Frederick
County Zoning Ordinance of the,A-1 District.
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Applicatiop No. Old-8�
Applicati n Date
Fee Paid 4s ce -_
Submittal Deadline is
For the Meeting of
1. The applicant is the (owner) (other) (check one)
2. NAME: )il CorpozOCCUPANT: (If other than applicant)
ADDRESS: Valley Lve. NAME: 7—els Corner-ocer77
�chester, Va. 22601 ADDRESS: t 2
TELEPHONE: C; ^_? ? TELEPHONE: 877_1077
3. The
property is located
at
(please give exact
directions)
',he
- >t r,
.t
r li ck t s Holloti ''oad_(
Va . _cute 608 )
4. The property has a frontage of 1 2 LL feet and a depth of 120,70
feet and consists of acres. (Please be exact)
5. The propertv is owned by Bobber L. L. Fr7re as evidenced by
deed from i�. :ewitt recorded in deed book no. 520
on page ffi- , registry of the County of Fre
6. This property is designated as parcel no. 191 on tax map no.
in the r,ain,hora Magisterial District.
7.
Property Identification
Number:, -,i on0_r,r>n_0000_0000_0191-A
8.
The existing zoning of
the property
is:
Grocery store and
9. The existing use of the property is: R�nPss _ retail rPtrnlPum.
10. The adjoining properties zoning is: 1
Single family and open un-
11. The adjoining properties land use is: im=rnvei__
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.
m
0'
ere
i T -q heen f'nr 3n err_ 1-dent _J Tn and .aorr-- r' n n d rnnnp�r
proposed for same location. Footers poured to spec. Overhand; is in
rr,Air space", �� measures 24'x21, t
List specific reas6n(s why the variance is being sought in terms
of:
- exceptional narrowness, shallowness, size, or shape of a specific
piece of property, or .,g e-sting; , n^.,t, nn .,ered) .
- exceptional topographic conditions or other extraordinary
situation or condition of such piece of property, or
- the use or development of property immediately adjacent thereto
L
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:
d_lrwlm
1.
13. R. Hewitt
Address:
t . ?_ Do x
Property ID#:
, ?on r '000-0000-0191-0
2.
--ley
testate
Address:
. "iston - , 12 Houss Ave.
Property ID#:
0n- _ ,n-n000-0!`)14-0
3.
goal H.
obt. C.
Lurdetue
Gouchenour
Address:
314 r'ine "t.
Property ID#
,-I r) -11 : -0 0 -0 00-01 8-0
4.
Ethy 1I.
Nail
Address:
,It. 2 box 95
Property ID#:
52000-y011)-0000-0000-01)11-0
5.
'sser
-ir le
Address:
Bo 0
Property ID#:'
_JUU-. U00-0000-0190-0
6.
Address:
Property ID#:
7.
Address:
Property ID#:
8.
Address:
Property ID#:
9.
Address:
Property ID#:
10.
Address:
Property ID#:
15. Additional comments, if any 'Dove information, Is secured from
assistance of :;ounty_Qerson ic_'. "io were most acce odat _ng.
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/£r-4nsmitted are true.
remr Uil �O "' J_ a � 01i
Signature of Applicant: _Date 3-30-84
Signature of Owner:
bby L. iset ty L. Frye
For Office Use Only
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)
DApproval Denial CHAIRMAN:
Date `-30-'�4
VAMANCE rGRANTED:
s
O
BOOK 520 PacE 183
LEE A. F�,CRT
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100
/so
S Q. F T.
PT. eto."o" N22030'00'W — �y-
\ IRON PIN NEW DIVISION LINE
p (34.10') Q
% 309 980
IRON PIN
SQ. F T.
' PO
0 � T—• a sNE I- S TORV S LOC K 1 0
SIDING STORE BUILDING
i N % a 0
•a,� � �4 � �.H�Oy s � N
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In
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• � 4� ��STIN t ��C�- r
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50 "ON.
U. S. ROUT E
NES
`'RANK
• NORFOLK, VA. • RICHMOND, VA. • MONTVALE, VA
• HAMPTON, VA. • WINCHESTER, VA. • RALEIGH, N. C.
EQUIPMENT • INSTALLATION • SERVICE
We Offer Layout, Installation and Service On All Liquid Handling Jobs
TO Kremer Oil Corp.
REFERENCE Canopy
1936 Valley Ave.
DELIVERY
l;.6 weeks
Winchester, bra. 22601
SALESMAN Lew
ATTENTION
Tommy
FOB
J obsite
DATE
1-6-84
STANDARD TERMS: Upon approval of credit by Jones & Frank;
Equipment: Net 10 days after delivery.
Installation: Net upon completion with 30 day progress payments due upon presentation.
Deposit: 25% with receipt of signed order.
SPECIAL TERMS: nerinsit vai vea
IF01111521
JO N1F,S & FRANK OFFERS TO FURNISH TNT, FOLLOWING:
1- McGee 24, x 241 single column canopy with 361r Decor -gall facia (white
trimmed in red) , C'Tran-rrix deck and anchor bolts.
Installed on a footing by others
4- Jet -Phillips 400 watt metal halide light fixtures 0- 165.00 ea.
Note: Tnstaller will hang lights in place at time of installation
for $ 20.00 per fixture. ( no viri_ng)
ACCEPTANCE: This proposal, when accepted by the Purchaser,
and final approval of sellers Official Officer, will constitute a
bonafide contract between us, subject to all terms and condi-
tions on the reverse side. It is expressly agreed that there are no
promises, agreements, or understandings, oral or written, not
specifi2, r_lproposal.
Signature
r
Jones & Frank Acceptance
Signature of Officer
Title
t, 6,45o.00
Title p �1
j�'7/0 7
Date
. n 181
}j #782,�
B. B. HEWITT ET UX . * /1.
TO .. .. DEED
BOBBY • L . • FRYE ET UX .
r
i
1
BOOK 520 PAGE 181
' JAM/id THIS DEED made and dated this r day of April, 1980, by
80-094
3/31/80 and between B. B. Hewitt, being one and the same person as Burley
B. Hewitt and Edith McD. Hewitt, his wife, parties of the first
i part, hereinafter called Grantors and Bobby L. Frye and Betty L.
ri
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to
c rn�
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v
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IA
FOSEPH A. MASSIE, JR.
' AYTORNRY AT LAW
WINc""raR. VIROINIA
Frye, his wife, parties of the second part, hereinafter called
Grantees.
WITNESSETH: That for and in consideration of the sum of
Ten Dollars ($10.00) cash in hand paid and other good and
valuable considerations, receipt of all of which is hereby
acknowledged,' the Grantors do hereby bargain, sell, grant and
convey, in fee simple, with general warranty and the usual Englisl
covenants of title unto the Grantees, jointly, as tenants in
common, all of the following described lot or parcel of land
described as Parcel A, containing 30,980 square feet and improved
by a store building, in that certain plat and survey of Lee
Ebert, CLS, dated March 19, 1980, a copy of said plat and survey
is attached hereto and made a part hereof for a more perfect
description of the land herein conveyed.
This is part of the -same lot or parcel of land that was
conveyed to B. B. Hewitt, the male Grantor herein by deeds from
•L. Adolph Richards, single, dated February 7, 1958, and of
record in the Clerk's Office of the Circuit Court of Frederick
County, Virginia, in Deed Book 255, Page 404, and from Clarence
Haymaker, et al, dated November 7, 1958, and of record in the
aforesaid Clerk's Office in'Deed Book 255, Page 406, and from
Clarence Haymaker, et al, dated September 26, 1958, and of
record in the.aforesaid Clerk's Office in Deed Book 255, Page 408.
Reference is made to the aforesaid deeds and plats attached
thereto for a more perfect description of.the land herein conveye<
J The Grantors herein reserve to themselves, their heirs and
assigns, a 20,:foot.wide riglit.of way,Ybeing 10 feet on either
side of'the center line as shown.on.said plat, to the residence
2
BOOK 520 Pw 182
and lands of the Grantors designated as Parcel B, as shown on
said plat, through the land hereby grantedandconveyed for the
purpose of ingress and egress. The Grantees agree not to inter-
fere with or obstruct said right of way which shall be maintained
at the cost of the Grantors, their heirs and assigns.
WITNESS the following signatures and seals:
(SEAL)
B. B. Hewitt 1
Edith McD. Hewitt
STATE OF VIRGINIA
OF Lor , to -wit:
I,�&niie.6 vlell , a Notary Public in and for
the State and �aforesaid, do hereby certify that
B. B. Hewitt and Edith McD. Hewitt, his wife, whose names are
signed to the foregoing deed, bearing date on the 19 I)d day of
April, 1980, have acknowledged the same before me in my State and
aforesaid.
hd
Given under my hand this j day of April, 1980.
My Commission expires: &,e,?2&,r /9gV
Notary Public
i
JOSEPH A. MASSIE. JR.
i ATTORNEY AT LAW
WINCHEfTER. VIRGINIA
011 -9LA - l o
VARIANCE GRANTED:
i
Z
O
1
Zj i
00
7s
i
N 47'4 I' 16"E
46.90'
BOOK 520 PACE 183
v
76,921 SQ. FT.
W I
toa
iN do
i O
O tD
yZ
t�1\'• PT.BEG."6" N22'30'00'W- 295.13' IaoN PIN
4 IRON PIN DIVISION LIN E
p (34.10') NEw
� ; o�K
309 980 SQ. FT.
0� cJ c—• ` o► ac SHED 1 - sroav BLOCK a o
� SIDING STORE BUILOINO
�d'N �Z �► a c N
64 OD ' N 2 2' 3 0' 00' W 192.441
v . o. ►+
U. S. ROUT E 5
183
rm
184 +.
O 11-try-II
t �
1
BOOK 520 PAGE M4
"s +
The Accompanying Plat is a DIVISION SURVEY of the Western Portion
of the Burley B, Hewitt Land (the Portion designated as the 2.49 Acre
Tract - December 2, 1960 Survey - a matter of Record with the Deed of
i
} Trust dated 15 December 1960 in Deed Book 2671'age 563). The said Land
slies at the intersection of U. S. Route 50 and Virginia Route 608, in
iGainesboro District, Frederick County, Virginian
LJT "A" - 30,9E0 Sq. Ft.n Beginning at an iron pin in the Eastern
Highway Boundary Line of L'. S. Route50, a corner to the Pingley Estate
i Land, running with the three following Boundary Lines of U. S. Route 50
and Virginia Route 608 - N 220 30• W - 192.44 ft.; thence N 140 48. 43- E
84.00 ft.to•a-highway monument; thence N 490 11' E - 72.77 ft. to an
iron pin corner to Lot B; thence with the Western Line of the said Land
S 220 30- E - 295.13 ft. to an iron pin in the Northern Line of the
said Pingley Estate Land; thence with the said Line S 730 41' W
120.70 ft. to the beginning.
LOT 1-13" - 76,921 Sq. Ft.i Beginning at an -iron pin. in the South-
eastern Boundary Line of Virginia Route 608, a corner to Lot A, running
with the four following Boundary Lines N 490 ill E - 28.16 ft. to a
i highway monumentl thence N 600 27. 41" E - 80.95 ft.; thence N,470 41•
i
16" E - 46.90 ft. to a highway monument; thence N 620 231 F, - 25.57 ft.
to a corner to the 3 Acre Tract; thence with the Southwestern Line of the
i
said Land S 390 436 E - 380.45 ft. to a corner in the Northern Line of
the Pinq_ 1
Vy Estate Land; thence with the said Line S 730 41' W - 290.97
ft. to an iron pin corner to Lot A; thencewith the Eastern Line of the
said Land.N 220 30, W - 295.13 ft. to the beginning. &'"" .I
S •v;�1 711 �.;,
Also shown on the Flat is the Center Line of the 20 Ft OS rlti�
R/W across the Northeabtern Portion of Lot A.'
o LEE A. E i; F. R T
Surveyed - - March 19, 1980
✓ IGINtA FREDERICK COUNTY, SCT. 'A 484
TiAs instrument of writin was produced to me on the
(2,a day of �/j, 19 at I
ind with certificate of ack l/owladgment thereto annexed as
admitted to record. Tax unposed by Sec. 58-.j4.1 of
t � 26,00 ,and 58-54 have been paid, if assessable.
i t
a
s Clerk
4
1
I
185
OSEPH A. MASSIE, JR.
ATiORN[Y AT LAW
WINCHROUR, VIRGINIA
BOBBY L. FRYE ET UX.
TO .. .. TRUST
JOSEPH A. MASSIE, JR.
BOOK 520 PAGE 185
THIS DEED OF TRUST, made and dated this a� n0 day of
iV ,,1980, by and between BOBBY L. FRYE and
BETTY L. FRYE, his wife, parties of the first part, and Joseph A.
Massie, Jr., of Winchester, Virginia, Trustee, party of the
second part.
WITNESSETH: That for and in consideration of the sum
of One Dollar ($1.00) cash in hand paid by the said Trustee to
the parties of the first part, on or before the delivery of this
deed of trust., the receipt of which is hereby acknowledged, the
parties of the first part do hereby grant and convey with genera]
warranty of title unto the said Trustee who may act in the
execution of this deed of trust, and his successor forever, the
following real estate, to -wit:
All that lot or parcel of land described.as
Parcel A., containing 30,980 square feet and
improved by a store building, in that certain
plat and survey of Lee Ebert, CLS, dated March
19, 1980, a copy of said plat and survey is
attached hereto and made a part hereof for a
more perfect description of the land herein
conveyed, and being the same land that was
conveyed to the Grantors herein by deed from
B. B. Hewitt and Edith McD. Hewitt, his wife,
and of record,in the Clerk's Office of the
Circuit Court of Frederick County, Virginia,
immediately preceding this Instrument. Re-
ference is made to the aforesaid deeds and plats
and the references therein contained for a more
perfect description of the land herein contained.
This conveyance is made subject to all easements,
rights of way and restrictions of record affecting the subject
property,
IN TRUST HOWEVER, to secure payment to the holder of a
certain negotiable bond of even date herewith, made by the
parties of the first part in the principal sum of Seventy
Thousand and NO/100ths Dollars ($70,000.00), payable to the
order of B. B. Hewitt and Edith McD., Hewitt, his wife, or the
survivor;;with interest at,the rate,of Eight per cent (8%) per
annumi payable in One'Hundred Twenty (120) equal monthly
t
f � '
R
BOOK. 520 PALE 186
installments of Eight Hundred Forty?nine and.31/100ths Dollars
($849.31) each, which includes principal and interest, commencing
_z day of jyf
on the , 1980, and continuing
--11-�' —
IV
on the same day of each succeeding month thereafter until the
4 day of _.____.._
, 1990, when the entire remaining
balance shall be due and payable.
AND FURTHER IN TRUST, to secure the payment of any
money, with interest thereon, advanced by the holder of the
hereinabove described obligation to the parties of -the first par
or their successors in title at any time before the release of
this deed of trust for.any purpose to the extent that the amount
advanced at any one time when added to the balance due on the.
original indebtedness and any prior advance, shall not exceed the
amount originally secured by this deed of trust.
This deed of -trust is executed and is to be construed
in accordance with all the provisions of Section 55-59 and 55-60
of the Code'of Virginia, and all amendments thereto except as
otherwise provided herein.
Advertisement required: Four (4) publications of
notice of sale at least twenty-one (21) days before the date of
sale in any newspaper of general'circulation or published where
the property is located: commission of two and one-half per cent
(2-1/2%)'of indebtedness shall be due Trustees if property is
advertised but indebtedness paid before sale.
The parties of the first part reserve the right to pay
Iat any time the entire indebtedness, or any part thereof. Ex-•
emptions waived. Subject to all upon default. Insurance.re-
quired against fire and other calamity in the amount of the..
insurable value.
Any defaultin the amount of the monthly payment pro-
vided in said secured indebtedness, unless paid within fifteen
JOSEPH A. MAelI[, JR,
ATTORNEY AT LAW
WINCHESTER, VIROINIA . (15) days from the due date of said payment, shall, at the optic
I
t
187
-H A. MASSI[. JR.
rTo11NfY AT LAW
CHIGY& 1. VIRGINIA
BOOK 520 FADE 187
of the holder of said indebtedness, constitute an event of de-
fault under this deed of trust.
The holder of the indebtedness secured by this deed of
trust is hereby granted the power to appoint a substitute Trustee
or Trustees pursuant to Section 26-49 of the Code of Virginia in
the event of resignation, death, incapacity, disability, removal
or absence from the State of a Trustee; such substitute Trustee
or Trustees shall have the same powers as if originally named
herein.
The property secured by this trust may not be conveyed
to any other person, firm or corporation, without the prior
written consent of the holder of the bond and any such conveyanc
shall be construed as a default of the trust.
NOTICE - THE DEBT SECURED HEREBY IS SUBJECT TO CALL
IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF
SALE OR CONVEYANCE OF THE PROPERTY SECURED HEREBY.
WITNESS the following signatures and seals:
I
(SEAL)
'BOBBY L. FRY
/ j` �1�+ (SEAL)
BETTY L FRYE
STATE OF VIRGINIA
T OF , to -wit:
I, ; e- 6a Notary Public in and for
the State and A LjC aforesaid, do hereby certify that
the foregoing Deed of Trust was acknowledged before me by
Bobby L. Frye and Betty L. Frye, his wife, this td day of
April, 1980.
My Commission expires:
N ary ubli
„Ir p;•A i ry 7LPICK^.OUWTY. SCT. �'�
r:! 'v' ..: 11 �•3: `'.�'1 .IC P.4: /(1 fr10 ?•1 ��.t �.�... Of
N ' .Y.u, va'r kvll:l W AWIUW:6LjgM%jA ftwsw d Ir0i r �
to IocorJ.
/ r J
COUNTY of FREDERICK
IDepartment of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
May 2, 1984
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The application of: Kremer Oil Corporation
For: A 13' front setback variance for a 24' X 24' gas
pump canopy.
This variance request will be considered by the Frederick
County Board of Zoning Appeals at their meeting of May
15, 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,
h� T. P. Horne
-vector
JTPH/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
01
This is to certify the the attached correspondence was mailed to the
following on May 2, 1984 from the Department of Planning and
Development, Frederick County, Virginia:
Kremer Oil Corporation
1936 Valley Avenue
Winchester, VA. 22601
Frye's Corner Grocery
Route 2
Winchester, Virginia 22601
B. B. Hewitt
Route 2, Box .:90
Winchester, VA. 22601
Pingley Estate
c/o G. W. Johnston, III
12 Rouss Avenue
Winchester, Virginia 22601
Opal H. Burdette &
Robert C. Gouchenour
314 Pine Street
Winchester, Virginia 22601
Ethyl M. Nail
Route 2, Box 95
Winchester, Virginia 22601
Rosser Marple
Route 2, Box 89
Winchester, VA. 22601
Joh P. Horne, Director
Fre e ick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERIC
a Notary Public in and for the
state and county aforesaid, do hereby certify that John T. P. Horne,
Director of the Department of Planning and Development, whose name is
signed to the foregoing, dated , has
personally appeared before me and a nowledged the same in my state
and county foresaid.
Given under my hand this
My commission expires on