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HomeMy WebLinkAbout14-86 H.W.A Enterprises - Shawnee District - Backfile�. �;/� Zed � �. �Oco�— �f�&�' f � COUNTY of FREDERICK Departments of Planning and Building 703/-65'3-5650 October 24, 1986 Mr. Walter Aikdris' H W A Enterprises P.O. Box 2468 Winchester, VA 22601 Dear Mr. Aik:ens: This letter is to comfirm the Frederick County Board of Zoning Appeals' action at their meeting of October 21, 1986: Approval of Variance Application #014-36 of H W A Enterprsies for a 5.82' building height variance for a penthouse on Front Royal.Road in the Shawnee Magesterial District. If you have any questions regarding this variance, please do not hesi- tate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/j1s 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 VARIANCE #014-86 HWA Enterprises LOCATION -%1855 Front Royal Road; situated 100 yards from the intersection of Route 50 and Route-522, fronting on Route 522 South. MAGISTERIAL DISTRICT Shawnee' TAX MAP & PARCEL NUMBER - Tax Map #64, Parcels 1B and 1C LAND USE & ZONING - B-2 (Business General) Zoning and Commercial Land Use ADJOINING LAND USE AND ZONING - B-2 (Business General) Zoning and Commercial Land Use PROPOSED USE AND,..IMPROVEMENTS - The owner wishes to increase the height of a 1,600 square f oot(penthouse) by 5.82' above the 35' height limit. The roof level is approximately=3V4" high. VARIANCE - 5.82 1 building height variance REASON FOR VARIANCE - See Page 2 of variance application. BACKGROUND INFORMATION - This property is zoned B-2 (Business General) with a 35' height limitation. The proposed penthouse is 40.82' in height, therefore, a 5.82' height variance is required. STAFF COMMENT - Unoccupied structures are exempt from the height requirements while occupied structures must be 35' or less in height. T R _ ® P- - K 3 00 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. _ Submittal Deadline is d� Application Date 9/19/86 For the Meeting of -,-- Fee. Paid $45.00 Qi 1. The applicant is the (owner) x (other) (check one) 2. NAME: H_WA Enterprises OCCUPANT: (If other than applicant) ADDRESS: P.O. Box 2468 NAME: Winchester, VA 22601 ADDRESS : TELEPHONE :(703) 662-3752 TELEPHONE: 3. The property is located at (please give exact directions) 1855 Front Royal Road - Situated 1.00 yards.from the intersection of Route _ 50 and Route_ 522_,_fronting on Route 522 South. 4. The property has a frontage of 312.50 feet and a depth of 175.75 feet and consists of 1.129 acres. (Please be exact) 5. The property is owned by H W A Enterprises as evidenced by deed from Interstate Properties recorded in deed book no. 562 on page 410 , registry of the County of Frederick—. 6. This property is designated as parcel no. 1-.B & l-Con tax map no. 64 in the Shawnee Magisterial District. 7. Property Identification Number: 64000-A00-0000-0000-.000-1 B 8. The existing zoning of the property is: B-2 9. The existing use of the property is: Offices 10. The adjoining properties zoning is: B-2 11. The adjoining properties land use is: Restaurant, Motel and 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.) _The owner wishes to _increas_e the height of a 1,600 SF Penthouse only by 5.82' above the 35' height limit as established by Articie '21-11-.61 of the Frederick County Zoning Ordinance. See our Page 3A. As a point of reference for the Board members, the roof level is @ 31'-4"high. 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 SEE ATTACHED DATA FOR PENTHOUSE VARIANCE. YS 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: (Please list complete 21-digit number) NAMR 1• James Ellis Jr. & Cora Lee Add ress:1801 Dominion Avenue, Winchester, VA 22601 property ID# : 640007A0070000-0000-0001-C 2• Interstate Prop. 1 Address: 1825 Dominion Avenue, Winchester, VA 22601 Property ID# : 64000-�A00-0000- 0 - 1- ' 3. Interstate Prop. Address: 1825 Dominion Avenue, Winchester, VA 226UT- Property ID# 640007,A000-,0 - - - 4. James A. & Alma C. Biggs Address:1897 Front Royal Road, Winchester, VA 22601 Property ID# : 64000- ,,AOO.-0000, 0000-00027,,0 5. Delco Develp. Co. Address:c/o Michael Disanto P.O. Box 334 Lenox Hills Station, New York, NY 10021 Property ID# : 64000-IA00, ,0000,-10000 ,0004-,A 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 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 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 trans%itted are trti%. Signature of Applica Signature of Owner:. Date 9/19/86 Date 9/19/86 For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)21 Approval Denial CHAIRMAN: ,5E of 3. 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 0 Adjoining Property YOUR PROPERTY Adjoining Property l T C r tAddi ion n�17* i♦0, y N a 4 Pro e rt Line' __--------------_ __--_-Center of Rood ------- Road SHOW THESE MEASUREMENTS PLEASE SEE OUR DRAWING PAGE THREE A H WA Enterprises P.O. Box 2468 Winchester, Virginia 22601 703-662-3752 Item C) Page 6 of Application -:C) The absence of a variance in this instance would constitute a financial hardship to the owner.. The reliance of the spectacular views mentioned above were part of the height variance issued to Travel Lodge on March 19, 1985. The relative small area of the Penthouse (1600 SF) and the appropriate set- back, as compared with A) The highly visible HVAC Penthouse originally designed, and B) The 1,600 SF as compared to the roof area of 10,600 SF. The height exceptions, Article 21,179, last sentence, stresses that no such exception (or, in this case, variance) shall significantly impair solar access (or endanger) any adjacent properties. Certainly, we must agree that neither of these restrictions would be breached by this Penthouse variance. 7. I � 17 O W Q o z � A v G r-� u N 3Z°3?'54"E z.19,3q' PRQPERTY LNE rip e �s PENj1i0U5E ? o _ A t C,4CC 15 f L PROPF-RTY LjNE �35 44 W 139,f S n2 U. S• RY L ?AGE+�:E� A NOTES: 1. No title report furnished 2. Property subject to easements and/or rights -of -way of record or otherwise. 3. Sea Interstate Properties subdivision plat in Deed Book 556 page 701-705, Office of the Clerk of the Circuit Court of Frederick County, Virginia. s ••�� �R�G6 9G�' ZO r .3 4 P. DUANE O! O NO. 1285 Lor2-A M� /.204.4c. ti 8�R � Mti . AIIVAit . Sw. tie04140 '► /0 wr Kll�zeoOV LAND S� 4 hM� /20 • W.ATE,� 1 SAN. SEvfi l�••� EsOSEM6NT LOT' 1 10 1.12 9 Ac. G301Z'O2'.E 47. f0' 20, exerr I•i1C• N hry z A 3S'SG'/G -'W OWNER'S CERTIFICATE /793' The above and foregoing subdivision of the land of EWA Enterprises as appears on this plat is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this reaubdivision id the same land conveyed to HWA Enterprises by deed dated July 13, 1983, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 562 at page 410. APPROVED: P. Duane Brown, C.L.S. Subdivision Administrator (Date) PLAT OF RE-. (J801V1S10N LOTS 1 and 2 INTERSTATE PROPERTIES Susolv1sI01V SHAWIYEE MAGISTERIAL DIsTRICT PREDERICK COUNTY, VIRG#N1A DECEMBER 200 1985 SCALE I I" *100• caber% W. cllff lalee. 12a LMOIN[!R. - LAAD K46M AM IM r OMw 01. .kA U.." .1MWr1414% . .�.... � Nw.. YM-w4 J)NI I BMB:dhc .S 1 4!o J U L 1.3 1983 THIS DEED AND DEED OF PARTIAL RELEASE, made and dated this 13th day of July, 1983, by and between INTERSTATE PROPERTIES. (LIMITED PARTNERSHIP, a Virginia Limited Partnership, party of the Ifirst part, hereinafter called the Grantor, and H WA ENTERPRISES, Ia Virginia Limited Partnership, party of the second part, herein- after called the Grantee, and THOMAS M..DICKINSON, ,JR., Trustee, (party of the third part, and OLD DOMINION SAVINGS AND LOAN ASSOCI- ATION, a Virginia Corporation, party of the fourth part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valu- able consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty of title unto the Grantee, in fee simple, as specific partnership property, pursuant to Title 50, Code of Virginia, 1950, as amended, all of those two certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee Magis- terial District, Frederick County, Virginia, designated as Lot No. 1, containing .90566 Acre, and Lot No. 2, containing 1.42664 Acres, as shown on that certain plat made by H. Bruce Edens, 1 (n) Bk 5 6 IRS 41 • .L.S., dated February 21, 1983, of record in the Office of the lerk of the Circuit Court of Frederick County, Virginia in Deed ook 556 at Page 701, et seq., and by this reference made a part reof as if set out in full; and being a portion of the same alty conveyed to the Grantor herein by deed dated February 28, 1983, from Old Dominion Savings and Loan Association,,a Virginia orporation, said deed being of record in the aforesaid Clerk's ffice in Deed Book 556 at Page 706. Reference is made to the aforesaid plat and deed for a more particular description of the property herein conveyed. This conveyance is made subject to the following cove- nants real running with the land and the Grantee joins in the execution of this deed for the purpose of being bound thereunder: A. Except as hereinafter specifically pro- vided, the Grantee agrees to be bound by restrictions of record in the aforesaid Deed of Dedication and Declaration of Plat, made and entered into on the 25th day of February, 1983 by Old Dominion Savings and Loan Association, Interstate Properties Limited Partnership, and the County of Frederick, Virginia, which is recorded in the aforesaid Clerk's Office in Deed Book 556 at Page 692. Anything to the contrary herein notwithstanding, if the Grantee shall so develop its Lot No. 1 so that surface drainage runs off entirely toward the East and not to the Southwest in the direction of the reten- tion basin on the Grantor's other land, Grantor shall use its best efforts to exonerate Grantee from responsibility for upkeep, maintenance, liability, or any other responsibility or duty with regard to the retention basis arising from the provisions of the aforesaid Deed of Dedication and Declaration of Plat dated February 25, 1983', or other- wise. 2 BiS62FG� ! B. Grantee agrees that Grantor shallhave the right to eliminate the retention basin as part of the surface water drainage system on Grantor's tract of which the land herein conveyed is a part upon obtaining the appro- priate public approvals, PROVIDED, HOWEVER, that in such event, the parties agree that Grantee shall have no further obligation or liability with regard to the maintenance and operation of the surface water drainage system nor shall Grantee thereafter have any liability to third parties for the mainte- nance thereof except insofar as.the same may result directly from Grantee's use of its own property. C. Until January 1, 2003, Grantee agrees: (i) That a substantial portion of Lot No. 2 shall be used as a free- standing restaurant facility. (ii) Provided the adjacent Lot No. 3 is being developed or used for a motel, Grantee's development and use of the remaining property shall not be noxious or harmful to the use of said adjoining property as a motel. Gran- tee's use of the said property for restaurants, convenience food stores and service stations shall not be. deemed to violate this covenant but this. specification of use shall not be deemed to exclude any other use which is not noxious or harmful to the use of said adjoining property as a motel. The property herein conveyed is subject to a deed of trust dated February 28, 1983, securing an indebtedness of the Grantor to the party of the fourth part, of record in the afore- said Clerk's Office in Deed Book 556 at Page 713, wherein Thomas M. Dickinson, Jr., et al, are designated Trustees, either one or all of whom may act for any purposes, including release purposes.' The party of the third part, as Trustee under the Deed of Trust and at the direction of the party of the fourth part, and the party of the fourth part, as secured party and present noteholder, do together join in this Deed, hereby releasing the parcel herein 11conveyed from said Deed of Trust, but reserving the lien of said 3 9062FO13 Itrust against any parcel not released hereby or previously Ireleased. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: H W A ENTERPRISES, a Virginia LImIted partnership INTERSTATE PROPERTIES LIMITED PARTNERSHIP, IPG PARTNERSHIP, GEN L PARTNE 7 ! t'4- Byf,4I (SEAL) GIWN GIBSCU,7 11, PARTNER By (SEAL) JO F . KI/N/TEER, PARTNER C N. 1 By ��ZI.U.' � I � �. rv�. - (SEAL) CRAWF RD H. HINMAN, P,A,RTNER I . '--1 By � SEAL) TU'KER WHITE, J ., PA NER (SEAL) J S L. BOWMAN, PARTNER (SEAL) THOMAS M. DICKINSON, JR., TRUSTEE HARRY GENERAL RT OLD DOMINION SAVINGS AND LOAN ASSOCIATION By , WAL AIKENS, GE ERA P RTNER By \A2� (SEAL) Robert B. Dale, Jr., Pre ent STATE OF VIRGINIA, A-r A AR6E OF W j �+1� , TO —WIT: I, O r 112 NNew , a Notary Public in and for the State and aforesaid, do hereby certify that INTER- STATE PROPERTIES LIMITI PARTNERSHIP, IPG PARTNERSHIP, GENERAL PARTNER, by LANGDON GIBSON, II, JOHN F. KINTER, CRAWFORD H. HINMAN, JR., B. TUCKER WHITE, JR., and JAMES L. BOWMAN, PARTNERS, whose names are signed to the foregoing Deed and Deed of Partial 4 BK562M414 Release, dated July 13, 1983, have personally appeared before me and acknowledged the same in my State and aforesaid. Given under my hand this day of July, 1983. MY STATE OF VIRGINIA, Q Llitf-"_P' ( I OF #and ,„TO-WIT.I. a Notary Public in and for the Stat aforesaid, do hereby certify that THOMAS M. DICKINSON, JR., TRL6TEE, whose name is signed to the foregoing Deed and Deed of Partial Release, dated July 13, 1983, has per- sonally appeared before me and acknowledged the same in my State and aforesaid. iven under my hand this//7t,1_day of July, 1983. My Commission expires �X�OTAC r RY P BLI c, STATE OF VIRGINIA, eF ��� �a-' , TO -WIT: a Notary Public in and for the State aforesaid,> do hereby certify that who is of OLD DOMINION SAVINGS AND LOAN ASSOCIATION, whose name is signed to the foregoing Deed and Deed of Partial Release, dated July 13, 1983, has personally appeared before me and acknowledged the same in my State aforesaid. Given under my hand this /� day of July, 1983. My Commission expires (�c,�ozae' /9. /9�S NOTARY PUBLIC 5 sx562 I STATE OF VIRGINIA, L'goeGE T -WIT: I, �( ,�i• a Notary Public in and for the State aid 7 weg aforesaid, do hereby certify that HARRY W. AIKENS and WALTER H. AIKENS, GENERAL PARTNERS of H W A ENTERPRISES, a Virginia Limited Partnership, whose names are signed to the foregoing Deed and Deed of Partial Release, dated July 13, 1983, have personally appeared before me and acknowledged the same in my State a3md Ar j.ARGL aforesaid. Given under my hand this day of July, 1983. My Commission expires In,91 /O, /92 7' xajl(�_ 0 - 'L'4� N TARY WBLIC 'T .� lIlsi3i.�:S31:i c: i.fr,c; w::: pioducea to me on the in:? 11 c r ; of z k;i:�w �c;gmr� It thereto anne :.)1 - acic,.:t:�ci to of 6 , and 5, -54 have been paid, if a ,se -s ib,r 0 COUNTY of FREDERICK Departments of Planning and Building 665 703/6-5�5-5650 October 7, 1986 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: The application of HWA Enterprises FOR: 5.82' building height'variance at 1855 Front Royal Road, 100 yards from the intersection of Route 50 and Route 522. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of October 21, 1986 at 3:30 p.m., in the Board of Supervisors' Meeting Room in the Old Court House, 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 This is to certify the the attached correspondence was mailed to the following on October 7, 1986 from the Department of Planning and Development, Frederick County, Virginia: H W A ENTERPRISES DELCO DEVELOPMENT COMPANY OF P. 0. BOX 2468 WINCHESTER WINCHESTER, VA. C/O MICHAEL DISANTO 22601 P.O. BOX 334-LENOX HILL STA, NEW YORK, N.Y. 10021 ELLIS, JAMES A. JR. L CORA LEE 1301 DOMINION AVENUE ;WINCHESTER, VA. INTERSTATE PROPERTIES LIMITED PARTNERSHIP 1825 DOMINION AVENUE WINCHESTER, VA. BIGGS, JAMES A. E ALMA C. 1897 FRONT ROYAL ROAD WINCHESTER, VA. 22601 22601 22601 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I 62z&t�, 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 Development, whose name is signed to the foregoing, dated iO , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of����i , 1986. My commission expires on I 14 // .J mm'd W�� �1 TO M E M O R A N D U M TO: All Zoning Variance Applicants FROM: The Board of Zoning Appeals SUBJECT: Board of Zoning Appeals Application and Procedures DATE: September 24, 1982 The Board of Zoning Appeals has the following policies under which it operates and these are brought to your attention to help you better understand the BZA procedures: 1) Your application for variance allows inspection of your property by the members of the Board of Zoning Appeals and the staff of the Planning and Development Department. 2) The Board of Zoning Appeals will not hear applications submitted after the announced deadline or cut-off date, unless approved by the Zoning Administrator or Chairperson of the Board of Zoning Appeals. 3) The Board of Zoning Appeals will not alter its schedule of meeting dates for individual variance applications, unless for reasons of" public health, safety, and welfare. In the event that a full quorum of the BZA is lacking, the chairperson may call a special meeting to hear pending variance applications. 4) The Board of Zoning Appeals will review each application based on its own merits. 5) The Board of Zoning Appeals requires proof of purchase or ownership.of the property for which the variance is being requested. 6) The Board of Zoning Appeals has a time limit for discussion stating that representatives of both sides of an issue considered a public hearing will be allowed a maximum of 20 minutes each for their presentation and each side will be allowed a maximum of 10 minutes each for rebutting the opposing side. Discussion in excess of this time will be allowed only upon a motion duly made and passed by the Board of Zoning Appeals. 7) The Board of Zoning Appeals requires that evidence, exhibits, etc. be received in advance of the public hearing, should individuals desire to present this information in order to expedite the public hearing. 8) A BZA Variance Sign shall be posted for all variances. This sign shall be placed and maintained so as to be legible and visible from the road or right of way. The Board of Zoning Appeals was created by the Frederick County Board of Supervisors upon the adoption of the Frederick County Zoning Ordinance, Chapter 21, in 1973. The Board of Zoning Appeals consists of five members appointed by the Circuit Court of Frederick County. The Board of Zoning Appeals has certain powersand duties as outlined in the Frederick County Zoning Ordinance and through the Code of Virginia. THE BOARD OF ZONING APPEALS HAS THE FOLLOWING POWERS AND DUTIES: a) To hear and decide appeals from any order, requirement, decision or determination made by the administrative officer in the administration or enforcement of, the Frederick County Zoning Ordinance. 5 b) To authorize variances from the terms of the Zoning Ordinance that will not be .contrary to public interest, when a literal enforcement of the ordinance will result in unneccesary hardship provided that the spirit of the zoning ordinance be observed and substantial justice done, as follows:, When a property owner can show that his property was acquired in good faith and where by reason of exceptional narrowness, shallowness, size, or shape ofa specific piece of property at the time of the effective date of this chapter, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the use of property or where the Board is satisfied upon evidence heard by it, that the granting of such variance would alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special priviledge or convenience sought by the applicant, provided that all variances shall be in harmony with the intented spirit and purpose of this chapter. -:c) No variance shall be authorized by the Board unless it finds: That the strict application of this chapter would produce undue hardship; that such hardship is not shared generally by other properties in the same zoning district and the same vicini y; and that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. d) No variance shall be authorized unless the Board finds that the condition or situation of the 2roperty concerned or the intended use of the property is not of so general or recurring nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter. e) In authorizing a variance the Board may impose such conditions regarding the location, character, and other features of the proposed structure for use'as it may deem necessary in the public interest, and may require a guarantee or bond to insure that the conditions imposed.are being and will continue to be complied with. These requirements are spelled out in Chapter 21 of the Frederick County Zoning Ordinance, Article XX, Board of Zoning Appeals, Section 21-157 to Section 21-163 and Title 15.1, Chapter 11, Local Planning Legislation, Code of Virginia, 1950, as amended. 6. M HWAEnterprises P.O. Box 2468 Winchester, Virginia 22601 703-662-3752 13. DATA FOR PENTHOUSE VARIANCE, FREDERICK COUNTY, VIRGINIA The drawings for the building presently being erected specify and detail. a 33' x 72' x 142' high Penthouse to be used for. mechanical (HVAC) equipment. The area would be 2,375 SF. The Penthouse as designed is a fully enclosed and roofed metal. structure. The 72' Long dimension is centered along the West building wall.. Though this is a permitted height acception, the uppermost roof would be 45.82' or 10'710" above the objective 35' height restriction. The owner has a tenant who insists on a roof level Penthouse executive suite of 1,600 SF. The location of that proposed area is shown on'our Page Three A (3A). As you will see, it is 10' from the West parapet wall and 8' from the East parapet wall. To capture the magnificent views of the Winchester area and the mountains East and West in the Shenandoah Valley, the parapet walls at this point would-be a transparent, decorative metal. grille work. With the setbacks proposed, the presently designed HVAC Penthouse would be abandoned and the bulk of the HVAC equipment removed. to lower level equipment. With East and West setbacks, this Penthouse would be barely, if not totally, in- visible from nearly ground level and would certainly be a traumatic improve? ment over the permitted metal Penthouse. 2.