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HomeMy WebLinkAbout22-84 Raymond L Fish - Stonewall - Backfile/� (� '/ ''- ,/-� ^ '/-' / '' {� ' '/ ' / '' ~' ' ,' )Ly / /y / ur '� - MR. 05�) CVoa � O L- / X Lc 77/E COP iEs Si6 I i CO A) s7hu C7 / OVIJ TU eX 6- 7-0 # iM . COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 October 24, 1984 Raymond L. Fish Route 5, Box 195 Winchester, Virginia 22601 Dear Dr. Fish: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of October 16, 1984. Approval of Variance Application #022-84 of Raymond L. Fish for a 30' height variance for a 60' lighted high—rise highway business sign at the southeast corner of the I-81 and Route 672 intersection. This property is designated as Parcel 164 on Tax Map 33 in the Stonewall Magisterial District. If you have any questions, please do not' hesitate to contact this office. Sincerely, hn T. P. Horne Director JTPH/dkg 9 Court Sauare - P.O. Box 601 - Winchester, Virginia - 22601 VARIANCE #022-84 Raymond L. Fish LOCATION - Southeast corner of the I-81 and Rt. 672 intersection MAGISTERIAL DISTRICT - Stonewall TAX MAP & PARCEL NUMBER - Tax Map 33 Double Circle A, Parcel 164 LAND USE & ZONING - Commercial/Open Land Use and B-2 (Business General) Zoning ADJOINING LAND USE & ZONING - Commercial/Open Land Use and B-2 (Business General) Zoning and A-2 (Agricultural General) Zoning PROPOSED USE & IMPROVEMENTS - A 60' lighted high-rise highway business sign VARIANCE REQUESTED - 30' height variance REASON FOR VARIANCE - The applicant states that the sign must be 60' high in order to be seen by southbound I-81 traffic over the Route 672 overpass. BACKGROUND INFORMATION - The applicant is seeking a 30' height variance of the B-2 (Business General) Zoning District regulations to erect a high-rise sign. The B-2 regulations limit sign height to 35', therefore, a minimum variance is needed of 25'. STAFF COMMENT - The sign has been erected without an approved building permit. The following questions are asked by the staff regarding this variance application? 1 Is the 60' sign height necessary for visibility from I-81? 2 From what distance north or south along I-81 is the sign and sign lettering visible or needed for travelers? OA 4 Raymond L. Fish Page 2 October 16, 1984 3, Is the sign lettering legible at the distance it can be viewed, from the 60' height? 4 Do the current businesses need visibility from I-81 travelers? The staff has viewed this sign and sign location from I-81 and has noted the following items: 1, A sign height'of less than 60' is visible from the southbound lane of I-81 before reaching the Route 672 exit ramp. A height of approximately 20' less may still be viewed from the southbound lane of the interstate. 2. .' A 60' height is not needed for visibility from the I-81 northbound lane. 3._ Lettering on the face of the sign is not legible until viewed from the Route 672 exit ramp of the southbound lane of I-81 where the proposed height is not necessary for viewing. 4; The current businesses located on this property and named on the sign face are not businesses which generally cater to the interstate -type traffic common to I-81. Businesses such as hotels, motels, and restaurants are generally those types of businesses catering to interstate travelers. These types of businesses generally have symbols easily recognized from a distance and try to attract visibility through display of their symbol or sign for interstate travelers. . 0:2,g�-�q-y APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. ©a a-8 Submittal Deadline is Application Date For the Mee ing of Fee Paid) 1. The applicant is the (owner) ✓ (other) (check one) 2. NAME: n�,. ct_J Y►, , 1 �< OCCUPANT: (If other than applicant) ADDRESS: j q S—' NAME: lc �e TELEPHONE: a zF o t — _ A<• ADDRESS TELEPHONE: 66, 6- -3v3cq dF-C- 3. The property S D ". , F,1 S is located at (please give exact directions) 6 c-y- 11ar— C c9 : - p r '( 1 a • �Q�1-. G 11 2- 4. The property has a frontage of feet and a depth of LULL, feet and consists of _Macres. (Please be exact) 5. The property is owned by �o�J �,,,� a h d L . F= i S L as evidenced by deed from •Ly-- !, & recorded in_deed book no. s<o� on page ;�T Q I , re istry of the County of rep�e/�•�i'-1 6. This property is designated as parcel no. on tax map no. a'3`in the 5-7ZWA' / 1. Magisterial District. , 7. Property Identification Number: 8. The existing zoning of the property is:^ 2 9. The existing use of the property is: fe i 0cp 10. The adjoining properties zoning is: /� Z 11. The adjoining properties land use is: _ p eg— < e- 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) F'A 1lr1 Se k eL,— rN _ 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 Oaa -py- 5- 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: NAME 1 .,kyy.r,or .C. 9� ✓oy Address: J/ //' A/.7' /�0e !N�✓e�iar�e�r VA Zz4a Property ID#: 33000 - AOp - 0000 - 40000 - 0 J 6 -� 2.�a�7er�� D. a Sq.,. L�tow Address: ,l / ,i� s Tic Vj{ rrj,9 Property ID#: 33c�oo-. -0000-�d0-/O/�-3-0 3.���10 �� �� Address: e7o An,Q4 At / V '/ �a+� �g G��/�/'fjr�B�C A GS/�fT� T Property ID# 3 3 000 -- Ap Q - 0000 - 0000 - / _ 6 &j a/' S� �/ .>,OUr /S r"%f�/ ISe % Address: COCO �/3�. LDtiCI"e'cf � ��' / i✓C h ICJ ! �r V H �>-G o / / Property ID#: 33000-A00-000 - 0000 - Y-0 5. 1m�,•-✓ � So��,✓�o�cjtr Address: (G� 7 � ,'..r��ipff� 2 z�a Property ID#: .J 33000 - ACO -0000 - OOOO - /6s-0 6. C/roe/1 Address:%a .J fir ✓yf i Gl%e /� G'o • %„ram. �� _ F -e p kV,�� L z� Property ID#: 3o00 -ACO -0000 - 4000— /0 a 7. C°yam%� j Address: ✓4 L2�� Property ID# : _Q 8 •G�a/�a t 1�n✓: Address: ✓ i%.r: c � /7'1/fc i8row / / % 21'0 J, '4" sc� S�' f.-✓c!, ci 7t'/" Z2lna Property ID#: 3>00-A W -0000 -OC'0- 9. ddress: X X. � �®� moo � �.��,�, �, ✓A �o� /d-.� Property ID#: ' 330cc) - A<Do -- 0noo - 10. Address: Property ID#: 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 Applica Signature of Owner: Date Date For Office Use Only // Q BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) Approval Denial CHAIRMAN: `' `� �� 0aa ky-4 Page Three Variance Please use this page for your sketch of the property. Show proposed and/or existing structures on property, including measurements to all property lines. Please include any other exhibits, drawings or photo- graphs with this application. EXAMPLE Adjoining Property YOUR PROPERTY Adjoining Property a � T r- �Addi,�---♦ Col- tion Property Line IP ----------------------=Center of Rood RoadSHOW THESE MEASUREMENTS *******5011 ******* #3287 E. LYNN BEIGHTOL, ET AL TO: .. .. DEED a RAYMOND L. FISH, ET UX LAROSNT. ANDBR&ON & LARRICK ATTORNOTS AT LAW WmannA'Tt; wNM.A 8K56BPG50I THIS DEED made and dated this :j V day of r/ 1983 and between E. LYNN BEIGHTOL and SEYMOUR KRIWINSKY, Tenants in artnership Under Section 50-10 of the Code of Virginia, rading as Forecast Investments, of the one part, hereinafter alled the Grantors, and RAYMOND L. FISH and JOY FISH, his wife, f the other part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the.sum of en ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, receipt of which is hereby acknowledged, he Grantors do hereby grant and convey, with general warranty and English covenants of title, unto the Grantees, as tenants by he entirety, with common law right of survivorship, all of that erta•in tract or parcel of land, containing 16.00 Acres, together with all rights, rights of way, privileges, improvements and appurtenances thereto belonging, lying and being situate at the intersection of Route 672 and Interstate Route 81 in Stonewall istrict, Frederick County, Virginia, and being more particularly described by metes and bounds as PARCEL A on that certain plat and survey prepared by H. Bruce Edens, Certified Land Surveyor, dated September 15, 1983, attached hereto and by this reference made a art hereof, and being a portion of the property conveyed to William E. Miller, II, E. Lynn Beightol and Seymour Kriwinsky, enants in Partnership•under Section 50-10 of the Code of Virginia Trading as Forecast Investments, by Deed of Estelle Dick, Widow, et als, dated the 2nd day of July, 1973, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in ed Book 413, Page 23, and being a portion of the property in which William E. Miller, ,IT,, rcbAVcyed.- $ll..o,f h10 right, title and interest, being a one-third"partnership interest of the said William E. Miller, II, to E. Lynn-Beightol•and Seymour Insky, Tenants in Partnership Under Section 50-10 of the Code paa-dry-S tg66Po502 of Virginia, Trading as Forecast Investments, by deed dated October 22, 1975, of record in the aforesaid Clerk's Office in Deed Book 451, Page 758, to which deeds and the references therein, reference is here made for a more particular description of the property herein conveyed. This conveyance is made' subject to a 2.2 foot right of way for the benefit of the owners of PARCEL B. Said right of way is evidenced by the aforementioned plat which is attached hereto and by reference.!incorporated into this deed. It is expressly stipulated that this right of way will run with the land. It is further stipulated that the owners of Parcel B shall be solely responsible for the maintenance and upkeep of said right of way until such time as an owner or owners of land now in Parcel A must make use of said right of way, at which time the expenses shall be pro -rated between all owners making use of said right of way. It is expressly stipulated that said land is conveyed to all applicable, or legally enforceable easements, if any, of .record affecting same. WITNESS the -following signatures and seals: ' (SEAL) E. LY N B GHTOL Tenant/in Partnership under Section 50-10 of the Code of Virginia, Trading as Forecast In estments. (SEAL) SEYMOUR XRIWINSKY. Tenant in, Partnership under Section 50-10 of the Code of Vtrginia,.T.radipq as Forecast Investments. [saasxr. I►rKasaw>� w Lwsuics Arrow"'hr waoaaoraw, VUHU 14 Y' 1 Daa-N -10 LARASNT. ANDURYDN & LARRICY ATTOMMMT. AT LAW MwoaMTUR6 V=SU1•A • Gk566P.G50a STATE OF VIRGINIA AT LARGE$ COUNTY OF FREDERICK$ • a Notary Public in and for the County and State aforesaid, do hereby certify that E. Lynn Beightol, Partner trading jas Forecast Investments, whose name is signed to the foregoing Deed, bearing date on the , 9� day of 1983, has personally appeared before me and acknowledged the same before me in my jurisdiction aforesaid. .My commission expires,�_/_ d Given under my hand this �day of, 1983. STATE OF VIRGINIA AT LARGE$ COUNTY OF FREDERICK$ J/T--Xr-0410 , a Notary Public i and for the County and State aforesaid, do hreby certify that Seymour Kriwinsky, Partnerg Trading as Forecast Investments, whose ame is signed to the foregoing Deed, bearing date on the C&/ day of, 1983, has personally appeared before me and Acknowledged the same before me in my Jurisdictio Aforesaid. / My commission expires cif • -Given under my hand thilgday of%-, 1983, _*In -3- 504 4 0 OX5 0 BFG5 04 ROUTE 672 AA 8. 8 co 0 0, 0 '01 CI t; It 3 MM 54-17-3 (b)16? Cc 14 f W 4. 0 ta.vll 4&N: 12 A W% 1\1 .. 0 0 o * A 4 Vk 0. p I. AT oor A DIVISIOLi or TUC %—AtJO ow FORECAST MVESTMEKITS Srowrnumj- oiSvikiev FrVtIL0VQ%r—%C C.OU V I R c. " w I A, SCALE 1", 20.0' — 5LPrEM8ZR 15 Ila! • BY 61ktLUAJ&Y tMG1Uf-t9toUG I SUIkVtflkj& CO. It. Q Ikoulft to BOX 1sZ , C su ISION APPROVE IVISIO API-Iff ISTRATORDA L •' BK566505 ' ' '• The accompanying plat represents a division of the land conveyed to Forecast Investments by deed dated July 2, 1973 and recorded in the Frederick County Court j Clerk's Office in Deed Pook 1+13 at Page Z. The said land is located at the intersection of Route 672 arA Interstate Route $ty Stonewall District# Frederick County) Virginia and is bounded as followat Parcel A • Beginning at an iron pin in the southern r1w of Route 672 and in the western r/w of the Penn Central Railroad; thence with the western r/w-of the Penn Central Railroad S!3°24130"W — '430.35' to an iron pin in the western r/w of the Penn 1 Central Railroad and -corner to Parcel B; thence with Parcel B N46035'30"w — 482.471 to an iron pin corner to Parcel B and in the eastern r/w of Interstate Route 81; thence with the eastern r/w of Interstate Route 81 for the 2 following courses with the are of a curve to the right 374.101 (Rathus 5649.58r _ Chord-N35595411$I - 374.05')' to the P•T.; thence N37°53144"E — 633.031 to a V.D.H. Monument at the intersection Interstate Route 81 and Route 672; thence with the southern r/w of Route 672 for the 3 following courses N7303714911E — 169.831 to a V.D.H. Monument; thence S77°05'33"E — 401,121 to an iron pin; thence 372°48112"E — 178.821 to the beginning. Containing.............16.00 Acres Surveyed.•....•........September 159 1.983 . I • shLT11 pFIL Od RIM V CERTIFICATE Ka 54.17.3 (0965 54.11.3 (d1162 c4 • • • I paa_gy-G ' eKS66PG506 The accompanying plat represents a division of.the land conveyed to Forecast Investments by deed dated .fully 2, 1973 and recorded in the Frederick County Court Clerk's Office in Deed Bdok 413 at Page 23. --� The said land is located at the intersection of Route 672 and Interstate Route 81p Stonewall District, Frederick Countyt Virginia and is bounded as follows; Parcel B Beginning at an iron pin corner to Parcel A and in the western r/w of the ' • Perm Central Railroad; thence with the western r/w of the Penn Central Railroad ' S43024130"W - 770@52' to an iron pin in the western r/w of the Penn Central Railroad and corner to Cochran; thence with Cochran N06030137"E - 753.381 to an iron pin corner to Cochran r•nd in the eastern r/w of Interstate Route 81; thence with the eastern r/w of Interstate Route 81 with the are of a curve to the right 170.73' (Radius - 5649.581:- Chord - N33014'08"E - 1709721) to an iron pin in the eastern r/w of Interstate Route 81 and corner to Parcel A; thence with Parcel A S46035130"E - 482.47' to the beginning. Containing ......'.4.93 Acres 1 ,I Surveyed* .•.....*September 1$p,1983 XLTU IL BRUCE S CERTIFICATE No. > 54.17.3 (8)965 • 54.17.3 (b)162 c� �Eb LAT'D qpC lip l •8 liu•.l +••.�:i:i ..• ... us PIOULIve , th .Lae O._ [.,u 3LtiG.,.day , 19.9. at D /�7• Ind with certifi ate of acknowledgment thereto annexed was admit o r cord Tax imposed by Soo. 58-54.1 of 1 'q $ D � , and 58-M have been , paid, if assessable, t' . Clark: • s 0 �L a.- sN � tL) COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 October 2, 1984 TO THE .APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Raymond L. Fish For: 30' height variance for a 60' lighted high-rise highway business sign at the southeast corner of the I-81 and Route 672 intersection The variance request will be considered by the Frederick CountyBoard of Zoning Appeals at their meeting of October_ 16, 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, 2,on�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 t following on October 2, 1984 from the Department of Planning and Development, Frederick County, Virginia: i Raymond L. Fish Route 5, Box 195 Winchester, Virginia 22601 John T. Solenberger Box 765 Winchester, Virginia 22601 Raymond L. & Joy Fish County of Frederick Route 7, Box 454 P.O. Box 601 Winchester, Virginia 22601 Winchester, Virginia 22601 Robert D. & Janice Mae Brown David L. Mou.lden 16305'Loudoun Street Route 1, Box 200 Winchester, Virginia 22601 Clearbrook, Virginia 22624 Lee 0. Dick Estate Clearbrook Woolen Co., Inc. c/o Clara Dick c/o H. W. Lawrence, Jr.. Route 1, Box 288 465 Fairmont Avenue Clearbrook, Virginia 22624 Winchester, Virginia 22601 E. Lynn Beightol & Seymour Kriwinsky 660 N. .Loudoun Street Winchester, Virginia 22601 ac John/T. P. Horne, Director Fre.rick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK /%,� i��,f�1X-e��c -1 , 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 1 signed to the foregoing, dated as y �� , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this ►'j� _y day of ' (� -!,( .y , 1984. My commission expires on NO. ARY PUBLIC