HomeMy WebLinkAbout01-01 Omps Funeral Home (Front Royal Pike Location) - Shawnee - Backfile (2)BOARD OF ZONING APPEALS
Variance Request Tracking Sheet
Date:
1-24-0 1 File opened
✓ Reference Manual updated/number assigned
D-base updated
1I .,! location map requested from GIS
y Two sets of labels requested from Data Processing
'66' 0 1 File given to Renee' to update Application Action Summary
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MEETING DATE: _ :� FINAL ACTION: APPROVED
CLOSE OUT FILE:
-21- 01 Approval (or denial) letter mailed to applicant/copy made for file
✓ File stamped "approved", "denied" or 'Withdrawn"
Reference Manual updated
---I/ D-base updated
6,Z,2.Z•0/ File given to Renee' for final update to Application Action Summary
UACar ACommon\TR.ACKING.BZA
Revised 1112/98
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TO- Finance department
FROM, Karen A. Cain, Office Assistant Il
,SUBJi!:+ CT. Return Of Sign Deposit
DATE* February 23, 2001
The amount of $25.00 was deposited in line item 410-1911-08 for the business named belo4v as <.
deposit: for a sign for variance application #0 I-O l for �ar�lps funeral ja�ne. Whey have r�€�w retr�rr�ed
the siga and are therefore entitled to the return of their deposit. you may pay .Cfls through the regular
bill cycle.
Tease send a check in the amount of $25.00 to-
G. - Clifford & Associates
200 North Cameron Street
Winchester, VA 22601
R.SA/kac
6 • FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
February 21, 2001
Mr. and Mrs. Larry Omps
OMPS FUNERAL HOME
1600 Amherst Street
Winchester, VA 22601
RE: VARIANCE #01-01 OF OMPS FUNERAL HOME
Property Identification Number 64-3-A1
Dear Mr. and Mrs. Omps:
This letter is to confirm that the above -referenced application, for a 4.44-foot variance to the 10-foot
setback from property boundary lines requirement [§ 165-30.E] to enable a freestanding sign to be
placed at an angle to Front Royal Pike, was approved by the Board of Zoning Appeals at their
meeting on February 20, 2001.
If you have any questions regarding this action, please feel free to call this office.
Sincer�yy,
L
Eric R. Lawrence, AICP, CZA
Deputy Director
ERL/ch
cc: Inspections
Ron Mislowsky, G. W. Clifford & Associates, Inc.
A 10mpsFmeral Home. wpd
107 North Kent Street • Winchester, Virginia 22601-5000
0 #
BZA REVIEW DATE: 02/20/01\
VARIANCE #01-01
OMPS FUNERAL HOME
Freestanding Sign
LOCATION: The property is located at 1260 Front Royal Pike.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64-3-Al
PROPERTY ZONING & USE: Zoned B2 (Business General) District; Land use - Funeral Home
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Uses: Cemetery
and Residential
VARIANCE: The applicant is requesting a 4.44-foot front yard setback variance for a freestanding
business sign.
REASON FOR VARIANCE: The applicant states that the existing sign, as situated, does not
provide adequate notice to the traveling public (see attached photographs).
STAFF COMMENTS:
The Frederick County Zoning Ordinance requires that all freestanding signs be set back at least 10 feet
from property boundary lines [§ 165-30.E]. It is from this ordinance requirement that the applicant has
requested a variation to enable a sign to be placed closer to Front Royal Pike.
The applicant's business, Omps Funeral Home, is located on Front Royal Pike, near its intersection with
Papermill Road. A required landscape screen has been provided along this road frontage to buffer the
subject commercial use from the adjoining residential uses. This required landscape screening has
impacted the traveling public's ability to view the business' sign, resulting in the request for a variance.
Currently, the business is identified by a three -foot -high, 24-square-foot monument sign. This
monument sign has been placed parallel to Front Royal Pike, at the 10-foot setback line. This is an
•
Omps Funeral Home Variance #01-01
Page 2
February 6, 2001
attractive sign, at scale with the landscape screening so as to not be a significant visual impact to the
adjoining residences. Staff would mention that freestanding business signs in the B2 Zoning District (as
the subject property is zoned) may be up to 35 feet in height, with a maximum surface area of 100
square feet. The applicant's monument -style sign is less intrusive than the ordinance would allow. It
is also important to mention that Front Royal Pike is a heavily traveled Minor Arterial Road.
If the variance is granted, the applicant would continue to utilize the same sign, but rotate it 90 degrees
so that the sign would be perpendicular with Front Royal Pike. Rotating this sign will necessitate a
4.44-foot variance, as the sign would be within 5.56 feet of the property line.
STAFF CONCLUSION:
The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the board
unless it finds that a) strict application of the Ordinance would produce an undue hardship approaching
confiscation; b) that such hardship is not shared generally by other properties in the same zoning district
and the same vicinity, and; c) 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.
The unusual location of the landscape buffer along a Minor Arterial Road (Front Royal Pike) creates
a situation unique to the subject property. The request to place an attractive 24-square-foot monument
sign closer to the property line is less intrusive to the adjoining residences than the placement of a 35-
foot-high freestanding business sign. Staff feels that based on the specifics of this site, it would be
reasonable to allow the variance as requested.
AAomps. staffreport.wpd
•
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SHENANDOAH MEMORIAL PARK, INC
522
64 3 A
64 A 35
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PEDESTAL SIGN LOCATION BK#►sery 1_.nd Plemero 8f„►.ras
CVMMATE NO.
BOARD OF ZONING APPFALS APPLICATION 200 North Cameron St. Windester, Virginia 22601
SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTYORGIN14VOICE: (540) 667-2139 FAX: (540) 665-0493 DAL 9wdif6nxunc•com
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APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
-OFFICE USE ONLY -
Variance Application No. _ _ V 1 _ Submittal Deadline _ -
0-01
Submittal Date 1 ` 19 - 0 i For the mtg. of 2 - 2 Q - 01
Fee paid
Sign Deposit
✓Yes Initials KA �
/Yes Sign return date ,2 -;g
MUST BE TYPED OR FILLED OUT IN INK - PLEASE FRINT
1. The applicant is the owner X other
2. Applicant:
Name: Larry and Nancy Omps
Address: 1600 Amherst Street
Winchester, VA 22601
Phone: 540-662-6633
(Check one)
Occupant: (if different)
Name: Omps Funeral Home
Address:
Phone:
3. The property is located at (give exact directions and include State Route numbers):
1260 Front Royal Pike on the west side of U.S. Route 522, south of Winchester 760 feet_
north of VA Route 644
4. The property has a road frontage of 386.27' feet and a depth of 161.49 feet and consists of
1.397 acres. (please be exact)
5. The property is owned by Larry and Nancy Omps as evidenced by deed from Sunset
Memorial, Inc. recorded in deed book number 906 on page 1818 of the deed books of
the Clerk of the Court for Frederick County. Attach a copy of the deed.
•
6. Magisterial District: Shawnee
Or-
7. 14-Digit Property Identification Number 6*=3-A-t G` �
8. The existing zoning of the property is B-2
9. The existing use of the property is Funeral Home
10. Adjoining Property
USE
North
Cemetery
East
Residential
South
Cemetery
West
Cemetery
ZONING
RA
W.
11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard
Variance for an attached two car garage.")
Seeking a variance of 4.44 feet for a sign
12. List specific reason(s) why the variance is being sought in terms of:
• Exceptional narrowness, shallowness, size or shape of property, or
• Exceptional topographic conditions or other extraordinary situation or condition of
property, or
• The use or development of property immediately adjacent thereto
Existing signage and monumentation at the entrance to the cemetery, immediately south of
the site is located closer than 10 feet to the lot line.
13. Additional comments, if any
The sign is of monument type designed to complement and be accented by the required
landscape screen This screening is allowed within 10 feet of the lot line.
14. The following names and addresses are all of the individuals, firms, or corporations owning
Property adjacent to the property for which the variance is being sought, including properties
at the sides, rear and in front of (across street from) the subject property. (Use additional
pages if necessary.) These people will be notified by mail of this application.
NAME
Elwood and Turessa Fox
Address: 1231 Front Royal Pike, Winchester, VA 22602
Pro erty ID # 64D-4-3
William Braithwaite
Address: 1257 Front Royal Pike, Winchester, VA 22602
Property ID # 64D-4-6
Ronald Russell est.
Address: 1591 Cedar Hill Road, Clearbrook, VA 22624
Property ID # 64D-4-7
Shenandoah Memorial Park,
Inc.
Address: 4126 Norland Avenue, Burnaby, British Columbia
Property ID # 64-3-A
Doris S. Casey
Address: 404 Imperial Street, Winchester, VA 22601
Property ID # 64-A-23
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property'ID #
Address
Property ID #
Address
Property ID #
AGREEMENT
VARIANCE # V I o 1
I (we), the undersigned, do hereby respectfully make application, and petition the Frederick
County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County
Zoning Ordinance as described herein. I agree to comply with any conditions for the variance
required by the BZA.
I authorize the members of the BZA and Frederick County officials to go upon the property for
site inspection purposes.
I understand that the sign issued to me when this application is submitted must be placed at the
front property line at least (7) days prior to the BZA public hearing and maintained so as to be
visible from the road or right-of-way until the hearing.
I hereby certify that all of the statements and information contained herein are, to the best of my
knowledge, true.
SIGNATURE OF APPLICANT J DATE ` d
SIGNATURE OF OWNER -�DATE z d I
(if other than applicant)
OFFICE USE ONLY
BZA PUBLIC HEARING OF
(DATE)
APPROVAL
DENIAL
ACTION:
SIGNED:QL�-LA
(BZA CHAIRMAN)
DATE: 2--� -)- C) � G
gilbert w. clifford & associates, inc
INCORPORATED 1972
Engineers — Surveyors — Land Planners — Water Quality
January 10, 2001
Eric Lawrence
Zoning Administrator
Frederick County Planing
107 N. Cameron Street
Winchester, VA 22601
RE: BZA Appeal
Dear Eric,
Board of Directors:
President:
Thomas J. O'Toole, P.E.
Vice Presidents:
Charles E. Maddox, Jr., P.E.
Earl R. Sutherland, P.E.
Ronald A Mislowsky, P.E.
David J. Saunders, P.E.
Directors:
P. Duane Brown, L.S.
William L. Wright
Michael A. Hammer
Thomas W. Price
On behalf of Larry and Nancy Omps, we request the Board of Zoning Appeals consider our request to locate a
sign within 10 feet of a lot line. The site is the new funeral home at 1260 Front Royal Pike. I've attaches the
application, the fee of $250, and 3 copies of the Site Development Plan. I've also attached 3 copies of sketches
showing the desired sign layout, and a few pictures of the existing signage.
Mr. and Mrs. Omps have attempted to create an attractive road frontage layout incorporating the required
landscape screen and a monument sign. However, if you go by the site, you will notice that the sign, as
situated, does not provide adequate notice to the traveling public. This results in customers having to make U
turns in Route 522 to return to the only entrance. Allowing placement of the sign as requested, and shown on
the sketch provided, will better alert those desiring to enter the site.
As we've noted in the application, existing monumentation and required landscaping is located within 10 feet
of the lot line. The sign is designed as part of the landscaped screen and therefore, it is our opinion, that it
should also be allowed closer to the lot line.
Please let me know when the Board will consider our proposal. And of course, call if you have questions.
Regards,
gilbert .w clifford & associates, inc.
JAN 1 � 'MO
A. Mislowsky, P.E., VP
M OF PLANNING, ur V
200 North Cameron Street, Winchester, Virginia 22601
(540) 667-2139 Fax (540) 665-0493 a -mail gwcliff@mnsinc.com
Member American Consulting Engineers Council
a JOHNOT M
MaLow
w.a,M■.
BK90GPG I B 16
THIS DEED made and dated this 15T day of December, 1997, by
and between SUNSET MEMQRIAL. INC., a Virginia corporation,
hereinafter called the Grantor; LAkRY T. OMPS and NANCY S. 42ps ,
husband and wife, hereinafter called the Grantees, and OMP;J
FUNERAL HOME, INC., a Virginia corporation, party of the third
part,
WITNESSS771: That for and in consideration of the sum of One
(Dollar ($1.00) cash in hand paid, and other good and valuable
(consideration, the receipt of which is hereby acknowledged, tho
Grantor does hereby grant, sell and convoy, with general warranty
of title, unto the Grantees, as tenants by the entirety with
common law right of survivorship, in fee simple, the following
real estate, together with all Improvements and appurtenances
thereto belonging but subject to all easements and legally
enforceable restrictions and reservations of record affecting
such realtyz
All of that certain lot or parcel of land,
containing 1.397 acres, more or less, lying and being
situate south of Winchester, Virginia, in Shawnee
Magisterial District, Frederick County, Virginia,
fronting on the western boundary of U.S. 522, and
being more particularly described in that certain plat
and survey, prepared by Michael M. Artz, L.S., dated
November 11, 1997, attached hereto and incorporated
herein; and being part of the same property which was
conveyed to the Grantor herein by deed from Shenandoah
Memorial Park, Inc., dated October 18, 1989 and
recorded in the Clerk's Office of the Circuit Court of
Frederick County, Virginia in Deed Hook 728, Page 976.
This conveyance is made pursuant to an option granted to the
Party of the third part by the Grantor herein. The party of the
third part joins heroin to assign its rights thereunder to the
5ranteen herein.
WITNESS the following signatures and ■ealsz
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• JOHN& 1
Nf A7 LAW
s1 %mom
8K906PG 18 19
SUNSET MEMORIAL, INC.,
a Virginia corporation,
By (SEAL)
ce President
OMPS FUNERAL HOME, INC.,
a Virginia corporation
(SEAL)
.�� Pres
STATE OF PENNSYL .NIA
City/County ofto-wit:
The foregoing was acknowledged before an this
� day
of
Debar, 19917 by rJ2 Qj .4 �t /, �/��
who is
Vice President of SUNSET HEMORIAL, INC.,
a Virginia
corporation,
on behalf of said corporation.
My commission expires
V601
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Bwrsr•n To aucm C4um
or C&Mmse on ink" 2001
Notary Public
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STATE OF VIRGINIA
City/County of Dto-wit:
r.
The foregoing was acknowledged before no this
�day of
Peees�em, 199T, by Larry T. Omps, who is President of ONPS
TUNE AL HOME, INC., a Virginia corporation, on behalf of said
corporation.
MY commission expires 3� pZ�pZ
o a ry u o_ L ':"
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SHEET IOF3 BK906PG 1820
SUBDIVISION
of the rROrERTY CQ14VF-YED to
SUNSET MEMOMAL_ INC.
Dead Hook 7211, Ptp 93.6
TM a 64-3-A
Nawwabet It, 1997 Zoned B2
Shownee Diiukk fredcrki County, VlrCU"
l naa..l Al Artx. a d* ad oritad land rta.gw, do bwtbf oenlfy ter t" lane baeby .abei.ided is
is the mes of Swmd Mcmcfiak lac sad was aogairod as NOW In the Owners Csatd ole I flag
CMd6 <fr the ass Is praptfy sad awarstely desQbed b withla tlta bworiry of the Original atom
tartillad Lana
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TbO ub&biVwd tas dlWk owners Itrebl oetify tent the had heMe divided Is a part of the property
oo�}ad b &Wd MeawfK lac by deed ddad OMber 18, 19t19 lad rI nod is Dme Boot 72=, Pop
MO( t Antm b tW Ciet% ants of PredetCounty, Wgtaia Title webdiv - - m err N mmem an the
w-g-r - * Pim Is with Us 6- eeriest -din s000rdenm with the dcsirra of the aadksW V ed owma
as Room dhreo{ of said had and dw mums he ►r+eby comanned and sminwhead for ran, is the Ckws
Omm at Pwdnkk County, Vt NWL
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SMET3OF3 SK906PG 1822
The following is The metes and bounds description of a 1.397 acre tract of land,
being a portion of the`prvperty conveyed to Sunset Memorisi, Inc. by deed dated October
16, 1989 and recorded In Deed Book 728. Page 936. Said property is located on the
western tide of Front Royal Pikq (U.S. Rte. 522) in Shawnee District, Frederick County,
ValinI
BEGINNING at a rebas (found) in the western line of Front Royal Pike (U S. Rue. 522). a
corner with Doris F. Casey; thence with the right-of-way line of said road
S 05-06.00 E 386.27 feet
to a rebar (sd), ■ new corner; thence making seven new lines through the lands of Sunset
Memorial, Inc.
S 96-09-39 W 161.49 feet
to a rebar (set) at the p.c. of a curve to the right artd having a radius of 15.97 feet; thence
with the arc of said curve 18.53 feet
Long Chord N 60-49-03 W 17.50 feet
-to a rebar (set) at the p.c.c. of a curve to the right anal having a radiul of 245.93 feet;
thence with the we of said save 114.75 feet
Long Chord N 1341-00 E 113.71 fed
to a rebar (set) at the p.r.c, of a curve to the k!t and having a radius of 166.45 feet; theom
with the arc of said curve 133.82 foes
Long Chord N 04-02-52 W 130.23 tbet
to a rebv (sal) at the p.c.c. of a curve to the left and having a radius of 140.20 feet; thence
with the arc of said curve 77.20 test
Long Chord N 41-W37 W 76.23 feet
to a rebar (sal) at the p_r.c, of a curve to the right and having a radius of 43.32 feet; thence
with the arc of said curve 22.99 feet
Long Chord N 44-13-40 W 22.72 feet
to a rebar (act) at the p.t- of said curve; thence
N 00-59-20 E 65.47 feet
to a rebw (found) in the fine of said Casey-, thence with Casey
N 87-44-02 E 189.34 feet
to tMT begiinnin&
CONTAL NIM 1.397 ACRES
SURVEYED SP.PTEMBER 5, 1996
PLATTED NOVEMBER 11, 1997 O��
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PROPOSED MONUMENT
SIGN LOCATION PARKING SETBACK
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HEIGHT =3 FT.
AREA —24 SQ. FT.
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EXISTING FUNERAL HOME SIGN
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�Y
OMPS FUNERAL HOME
BOARD OF ZONING APPEALS
EXISTING CEMETARY
ENTRANCE SIGNS
OMP S FUNERAL HOME
BOARD OF ZONING APPEALS
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•
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
'INI itIFICNtI Jl`I OF PUBLIC NEAi I Ir
February 6, 2001
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #01-01 OF OMPS FUNERAL HOME
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, February 20, 2001, at 3:25 p.m., in the board room of the Frederick
County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to
consider Variance #01-01 of Omps Funeral Home, submitted by G.W. Clifford & Associates, Inc.,
for a 4.44-foot front yard setback variance for a free-standing business sign. This property is located
at 1260 Front Royal Pike and is identified with Property Identification Number 64-3-Al in the
Shawnee Magisterial District.
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application will' be available for review at the Handley Library (temporary Loudoun Street Mall
location) the week of the meeting, or at the Department of Planning and Development located at 107
North Kent Street in Winchester, Virginia.
Sincerely,
�P�J2 2,�
Jeremy F. Camp
Planner II
JFC/ch
AA\BZA Adjoiners\OmpsFuneralHomempd
107 North Kent Street - Winchester, Virginia 22601-5000
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This is to certify that the attached correspondence was mailed to the following on
��_ from the Department of Planning and Development, Frederick
Cott ,Virginia:
64 -3- - A-1
JUCAPA,LC
1600 AMHERST ST
WINCHESTER,VA 22601.2805
64 - A- - 23-
CASEY, DORIS F
404 IMPERIAL ST
WINCHESTER, VA 22601.4223
64 - 3- - A-
SHENANDOAH MEMORIAL PARK, INC
CIO CORNERSTONE FAMILY SERVICE
155 RITTENHOUSE CIR
BRISTOL, PA 19007.1617
64D - 4- - 7-
HITTER, OZIAS BRIAN
10544 LORD FAIRFAX HWY
BOYCE, VA 22620.2202
64D - 4- - 6-
BRAITHWAITE, WILLIAM E
1257 FRONT ROYAL PIKE
WINCHESTER, VA 22602-4425
64D - 4- - 3-
FOX, ELWOOD H & TURESSA K
1231 FRONT ROYAL PIKE
WINCHESTER, VA 22602.4425
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, &!fl-) Ann FAQ l j , a Notary Public in and for the State and County
aforesaid, do hereby certify that Eric R. Lawrence, Zoning Administrator, for the Department of
Planning and Development, whose name is signed to the foregoing, dated
( D • , has personally appeared before me and acknowledged the same in my
State and County aforesaid.
Given under my hand this b-th—day of 1 Cuua ru Q nn ) I
My commission expires on Fchru C(a .I r:D
eRYUBLIC
T I-. ^rN TO: Barbara in Data Processing
FROM: Plan nin partment
Ple se print ets of labels by:
J 0D/ THANK YOU!!
12. The following names and addresses are all of tt,c i,,ui V JUud1J, 11,L1115, Ur GUlpurdL1U11J Uwultlg
property adjacent to the property for which the appeal is being sought, including properties at the
sides, rear, and in front of (across street from) the subject property. (Use additional pages if
necessary.) These people will be notified by mail of this application: (Please list complete 14-digit
property identification number.)
NAME
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Property ID # (o cq 6 _ 4 — (o
Address pT q
Property ID #
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Property ID #
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Property ID #
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