HomeMy WebLinkAbout08-86 Stephens City Motel - Opequon District - Backfileoc 1
COUNTY of FREDERICK .
Department of Planning and Development
Robert W. Watkins - Planning Director
703/665-5651
June 3, 1986
Ms. Michele Haddad
Assistant Project Developer
Harkins Associates Inc.
12301 Old Columbia Pike
Silver Springs, MD 20904
Dear Ms. Haddad:
This letter is to confirm the Frederick County Board of Zoning
Appeals' action at their meeting of May.."20, 1986.
Approval of Variance Application #008-86 of Stephens City Motel
Association for a 25` height variance for a 60' sign. This pro-
perty is located at the intersection of Routes 277 and 1012 and .
is designated as Parcel 148 on Tax Map 85-A in the Opequon Mag-
isterial District.
If you have any "questions concerning your variance, please do not
hesitate to contact this office.
Sincerely,
Robert Watkins:
Director
RI.gW/tiv
9 Court Souare - P.O. Box 601 - Winchester, Virginia 22601
VARIANCE #008-86
Stephens City Motel Association
25' Height Variance
LOCATION - Behind Kentucky Fried Chicken at Stephens City Exit off of I-81,
Intersections of Routes 277 and 1012.
MAGISTERIAL DISTRICT - Opequon
TAX MAP & PARCEL NUMBER - Tax Map 85-A, Parcel 148
LAND USE & ZONING - Commercial land use and B-2 (Business General) zoning
PROPOSED USE & IMPROVEMENTS - 60' sign
VARIANCE - 25' height variance
REASON FOR VARIANCE - Due to the topography of the subject property in relation to
the commercial properties surrounding it, a sign 60' in height is necessary in
order to be seen by southbound travelers on I-81. A 60' Comfort Inn sign would
appear at the same height as the Kentucky Fried Chicken sign from Routes 81 and
277 due to the latter's high elevation.
BACKGROUND INFORMATION - The applicant wishes to construct a 60' sign at the
Stephens City Comfort Inn motel site. 35' is the maximum allowable height;
therefore, a 25' variance is required.
STAFF COMMENT - All appropriate permits must be applied for and approved prior to
construction. The following questions are asked by the staff regarding this
variance application:
1. From what distance north or south along I-81 is the sign and sign lettering
visible or needed for travelers?
2. Is the sign lettering legible at the distance it can be viewed from the 60'
height?
GOk-k(.-3
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application No. 00�'-�j'� Submittal Deadline iSApril 25th
Application Date ,�' 'y �$-8h For the Meeting of May 20, 1986
Fee Paid $45.00
1. The applicant is the (owner) x (other) (check one)
2. NAME: Stephens City Motel Assoc., 0_'CUPANT: (If other than applicant)
ADDRESS: 01 Old Columbia Pike NAME:_
Silver Spring, Maryland 20904 ADDRESS:
TELEPHONE:- (301) 622-9000 TELEPHONE:
3. The property is Located at (please give exact directions)
Behind Kentt-Q.k—y-Fzied Chicken at Stephens City Exit off of 1 81, Intersectic__
of R o u t es,2Z7 and_ 0 .
4„ The property has a frontage of 462 feet and a depth Of 263-349
feet and consists of 3.5 acres. (Please be exact)
5. The property is owned. by St.LanhenEtCdity Motel as evidenced by
deed from Scully, LTD D_ recorded in deed book no. 610
on page 351 , registry of Tthe County of -Frederick._.
6. This property is designated as parcel no. 148 on tax map no.
85-A in the Opeguon Magisterial District.
7. Property Identification Number: 85000-A00-0000-0000-0148-0
8. The existing zoning of the property is: B-2
S. The existing use of the property is: Commercial - Comfort Inn Motel
• g P h Y under cons r uc i on
10. The adjoining properties zoning is: �-
11. The adjoining properties land use is: Business - Commercial, undeveloped
12. Describe the variance sought in terms of distance and type. (For
example - A 3' rear yard variance for an attached two car garage.)
Sign variance to permit installation oa 60' Sign at southeastern corner of
Property.
13. Li:3t 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
Due to the topography of the subject property in relation to the commercial
properties surrounding it, a sign 60' in height is necessary in order to be
seen by Southbound `ravelers on I81. A 60' Comfort Inn sign would appear at
the same height as the Kentucky Fried Chicken sign from Routes 83 and 277 due
to the latter's high elevation.
Page Two
Variance
14.
The following are all of
owning property adjacent
(across street from) the
sought. (Use additional
notified by mail of this
NAME
the individuals, firms, or corporations
to both sides and rear and in front of
property for which the variance is being
pages if necessary). These people will be
application:
1.
Allen Food Service,
Inc.
Address:
603 Millwood Ave., Winchester, Va. 22601
Property ID# :
85000-A-00-0000-0000-0148-A
2.
Harry F. Stimpson, Jr
Address:
c/o William A. Johnston, 21 S. Loudon Street, Winchester
Property ID#: 22601
85000-A-00-0000-0000-0145-0
3.
Sittully, Ltd.
Address: •--72
P. O. Box--2= Winchester, Virginia 22601
Property ID#
4.
Address:
Property ID#:
5.
Address:
Property ID#:
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 _Attached to this Application you wil
find an illustration of the proposed 60 foot sign. The sign is
manufactured by Quality Inn - their #1029 Interstate Sign -
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:
Signature of Owner:
Date
Date 2Z
ames I. Humphr y, President
Harkins Associa es, Inc., General Partner
or Ottice Use Only
OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)
Approval a Denial CHAIRMAN
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V LICENSE No U 3 o ff
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lgho SURv�yO
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BOUNDARY SURVEYS o
A PORTION OF THE PROPERTY OF �, �- 3 0 Q)
S C UL L Y LTD. ;
OPEQUON DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE:1"=100' JANUARY 14, 1986
RITCHIE SURVEYS
WINCHESTER, VIRGINIA Sheet 2 of 2
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LEGAL DESCRIPTIOF,
A parcel of land lying on the eN.s't side of V;rgin;a Route 1012
in Opequon District, Frederick County, vi; -;nia just south of
Route 277 at Stephens Citv. Virgini- and b-,ing more particularly
described as follows:
Beginning at an iron pipe in the eastern line of Virgir-:a Route
1012 which lies S 500 57' 48" E.- 322.00 feet from: its intersection
with Route 277; thence leavii.g the eastern line of Route 1012
and running with a new divis ot, line t!Irough the land of Scully Ltd.
S 530 01' 41" E - 293.83' feet. to s;: iron pin, ti!ence
continuing with another ;few division. life through the land of
Scully LTD., S 310 58' 10" W - 317.31 feet to an iron pipe in
the line of Harry F. Stimpsoe, Jr., et a;,; thence running with the
line of Barry F. Stimpson, Jr.; et all, N 560 48' 38" 1V - 349.02
feet to an iron pipe in the eastern line of Route 10r2; thence
running with the line of Route 1012 1, 33° i 5' 48'� E - 64.20 feet
to an iron pipe; thence along the Arc of a curve to the right
239.59 feet, said curve having a Radius of 778.51 feet and a
central angle of 170 38' 00" to a V.L.H. & T. concrete monument;
thence N 500 57' 48" E - 38.S2 feet to the Beginning and
containing 2.500 Acres.
VICINITY MAP
Scale:l"=2000' NOTES
1. No Title Report Furnished.
2. The property shown on this plat is not subject to a HUD Flood
Hazard Zone (100 Year) according to the information shown
on Commuity-Panel Number 510.063 0200 B, effective date
July 17, 1978.
3. The property shown on this plat is a portion of the same property
shown on Frederick County, Virginia Tax Assessment Map Number
85 - A - Parcel 148.
4. Present Title of Record:
Owner Reference
Scully LTD. D.B. 575, Pg. 540
5. Area of premises survoyed equals 2.5000 Acres.
Y'
*SALT h1 0,�,
43
0 Elliott Ritchie, Jr 1154
V
LICENSE No
1318
,QZ117vo
SURVEY
BOUNDARY SURVEY
A PORTION OF THE PROPERTY OF
S CULLY LTD.
OFEQUON DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE:1"=100' JANUARY 14, 1986
RITCHIE SURVEYS
WINCHESTER, VIRGINIA
Sheet 1 of 2
OM- A-(,f
SCULLY,
THROCKMORTON
GLASS
ATTORNEYS AT LAW
)SOUTH KENT STREET
INCHESTER, VIRGINIA
22601
8,K6!6FG35
THIS DEED OF EXCHANGE, made and dated this 9th day of January,,
1986, by and between SCULLY, LTD., a corporation chartered under the laws
of the Commonwealth of Virginia, party of the first part, hereinafter
referred to as the Grantor, and STEPHENS CITY MOTEL ASSOCIATES,LIMITED
PARTNERSHIP, party of the second part, hereinafter referred to as the Grantee,
FIRST AMERICAN BANK OF VIRGINIA, party of the third part, and J. SLOAN KUYKEN-
DALL, Trustee, party of the fourth part.
WITNESSETH: That whereas the Grantee is a limited partnership
organized for the purpose of owning and constructing a motel on certain
hereinafter described realty lying near Stephens City in Frederick County,
Virginia, and the Grantor is desirous of exchanging said property in return
for a fifteen percent (15%) in said limited partnership;
WHEREAS, the said realty is subject to the lien created by
a certain deed of trust dated the 24th day of September, 1976, from Allen
Properties, Inc. to J. Sloan Kuykendall and Henry H. Whiting, Trustees,
of record in the Office of the Clerk of the Circuit Court of Frederick CounLy,
Virginia; in Dee'A Book 464, at Page 297, securing the payment of a. certair
I
note in the e:roiint o{: One Hundred Thousand Dollars ;$100,000.0* zo the
order of t:he Shenandoah. _)whey National Bunk which no.:e is new t►L-1 ;y iCc
i
successor, First Bank of Virginia, party c_ ::ne _ 1i rd Da.-. r-
NOW, THEREFORE, 1N CONSIDERATION of the premises the G'Iantor
does herby grant and convey with General Warranty of Title unto ::he Grantee
all that certain lot or parcel of land:
All of that certain lot or parcel of land,
together with the improvements thereon and
the appurtenances thereunto belonging, ly-
ing on the East side of Virginia Route 1012
in Opequon District, Frederick County,
Virginia, just South of Route 277 at Stephens
City, Virginia, and being more particularly
described as follows: Beginning at an iron
pipe in the eastern line of Virginia Route
1012 which lies S 50° 57' 48" E - 322.00
feet from its intersection with Route 277;
thence leaving the eastern line of Route
1012 and running with a new division
line through the land of Scully, Ltd. S
530 01' 41" E - 293.83 feet to an iron
pin; thence continuing with another new
division line through the land of Scully,
SCULLY,
THROCKMORTON
GLASS
ATTORNEYS AT LAW
'0 SOUTH KENT STREET
NINCHESTER, VIRGINIA
22601
a�c610 352
Ltd., S 310 58' 10" W - 317.31 feet to
an iron pipe in the line of Harry F. Stimp-
son, Jr., et al; thence running with the
line of Harry F. Stimpson, Jr., et al,
N 560 48' 38" W - 349.02 feet to an iron
pipe in the eastern line of Route 1012;
thence running with the line of Route 1012
N 330 19' 48" E - 64.20 feet to an iron
pipe; thence along the Arc of a curve to
the right 239.59 feet, said curve having
a Radius of 778.51 feet and a central angle
of 17' 38' 00" to a V.D.H. & T. concrete
monument; thence N 50' 57' 48" E - 38.52
feet to the beginning and containing 2.500
Acres; and being a portion of the same
land conveyed to Scully, Ltd., a Virginia
Corporation by deed dated August 29, 1983,
from Thomas G. Scully, of record in the
Office of the Clerk of the Circuit Court
of Frederick County, Virginia, in Deed
Book 575, at Page 540.
The party of the third part,as evidenced by the signature of its
duly authorized officer, does request J. Sloan Kuykendall, Trustee
to join in this deed for the purpose of releasing the said realty from the
aforementioned deed of trust. Nothing '_herein, however, shall be construed
as affecting the lien with respect to the remainder of e realty described
therein
r-eal:v
Tha Gra_ :or _ovenai,.s that tlas�3.:3ey jai
_e fr!7 i^_... ..'. ::17 aa:. _nciil,::,.'2.T:ces and
_
j forever :Tarrant and defanc r-he ti--le ti23-7!i':.0
WITNESS :he ioilowing sig ra and s .
SC�TD.
Thomas G. Scully, President
Robin W. Scully, Attest
Secretary
FIRST A� RIC4 BANK.,QF YIRGINIA
-2-
:
SCULLY,
THROCKMORTON
GLASS
ATTORNEYS AT LAW
20 SOUTH KENT STREET
WINCHESTER, VIRGINIA
22601
8K610F, 353
STATE OF VIRGINIA
of�1����G , To -wit
I,16, a Notary Public in and
for the State and aforesaid, do hereby certify that THOMAS
President of Scully Ltd.
G. SCULLY,/whose name is signed to the foregoing Deed of Exchange bearing
date the 9th day of January, 1986, has this day personally appeared before
me and acknowledged the same.
Given under my hand this day of January, 1986.
My commission expires
Notary Public.. -'
STATE OF VIRGINIA
Of 2� il�cGf�i , To -wit: .....
6 n_
a Notary Public in
�J '
and for the State and rj aforesaid, do hereby certify that ROBIN
Secretary of Scully, Lt
W. SCULLY,/whose name is signed to the foregoing Deed of Exchange bearing
date the 9th day of January, 1986, has this day personally appeared before
me and acknowledged the same,.
Given under my hand this day of January, 1985
Ay commission expires
Notary Public
STATE OF VIRGINIA
c ( of l-IhJF'n Ek iC�C , To -wit:
I, i ,�• )eqC4e_, a Notary Public in
jj
and for the State and eafj t aforesaid, do hereby certify that / (ff'r
� I� �as ic 5 y
�� •_e a duly authorized officer
of FIRST AMERICAN BANK OF VIRGINIA, whose name is signed to the foregoing
Deed of Exchange bearing date the 9th day of January, 1986, has personally
appeared before me this day and acknowledged the same.
Given under my hand this _Zyday of January, 1986.
-3-
SCULLY,
THROCKMORTON
GLASS
ATTORNEYS AT LAW
20 SOUTH KENT STREET.
WINCHESTER, VIRGINIA
22601
8K6 ! 0PG354
1ty Commission Expires September
My commission expires 1
Nota
r.
1 c
_
STATE OF VIRGINIA
'1tl; ISIli1111\ `
of rn ��� To -wit:
a Notary Public in
and for the State and aforesaid, do hereby certify that
J. SLOAN KUYKENDALL, Trustee, whose name is signed to the foregoing Deed
of Exchange bearing date the 9th day of January, 1986, has personally appeared
before me this day and acknowledged the same.
Given under my hand this day of January, 1986.
My commission expires
Notary Public;
—4—
Clf)� _F-6-1 -1-
COUNTY of FREDERICK
IDepartment of Planning and Development
Robert W. Watkins - Planning Director
703/665-5651
May 7, 1986
TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
RE: The application of Stephens City Motel Association
FOR: A 25' high-rise sign variance to permit the installation of a 60' sign
behind the Kentucky Fried Chicken at the Stephens City Exit off of I-81 and the
intersections of Routes 277 and 1012.
This variance request will be considered by the Frederick County Board of Zoning
Appeals at their meeting of May 20, 1986 at 3:30 p.m., in the Board of
Supervisors' Meeting Room in the Old Court Rouse, Winchester, Virginia.
Any interested parties having questions or wishing to speak may attend this
meeting.
Sincerely,
Robert W. Watkins
Director
RWW/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
coca t-�� .m
This is to certify the the attached correspondence was mailed to the following on
May 7, 1986 from the Department of Planning and Development, Frederick County,
Virginia:
Michele Haddad, Assistant Project Developer
Harkins Associates, Inc.
12301 Old Columbia Pike
Silver Springs, Maryland 20904
Allen Food Service, Inc.
603 Millwood Avenue
Winchester, Virginia 22601
Harry F. Stimpson, Jr. -
c/o Mr. William A. Johnston
21 S. Loudoun Street
Winchester, Virginia 22601
Scully, Ltd.
P.O. Box +2-5'-4°
Winchester, Virginia 22601
Robert W. Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, ��/(�`L'•, s (>�' �%ti, , a Notary Public in and for the state and
county aforesaid, do hereby certify that Robert W. Watkins, Director of the
Department of Planning and.Deveelopment, whose name is signed to the foregoing,
dated oMr(;/A,r -; �fJ r�, has personally appeared before me and
acknowledged the same in my state and county foresaid.
i
Given under my hand this day of /,D,(/r^ , 1986.
My commission expires on
1)/Ve'41 al"
NOTARY PUBLI