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Home My WebLink About14-16 The Broadway Group LLC - PIN 54-A-127C - Red Bud - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: 1 3 I File opened o I Reference Manual updated/number assigned r I D-base updated a3 (� Location maps requested from Mapping q a Adjoiner list given to Planner Application Action Summary updated MEETING DATE: i9 1 U� FINAL ACTION: CLOSE FILE: J0 1 1 Ca Approval (or denial) letter mailed to applicant/copy made for file & cc's File stamped "approved", "denied" or "withdrawn" ru ( lReference Manual updated 1 ZI WAP D-base updated 101� Application Action Summary updated ,q f 3 i 10 , ,( ,(� -�c -� o% Sys ID # RECEIPT DATE cL73 11 NO. 541075 RECEIVED FROM - ( ') . Y" L,l C', ADDRESS.() - U�dX 89H l,U/ 1 F6ur hu nca r ci do l lass cvncl FOR 6ZA WCLr1"1C�C- ACCOUNT HOW PAID +��N j A o�1C AMT. Of ACCOUNT CASH AMT. ^ r PAID Ole S CHECK BALANCE MONEY DUE ORDER BY _ ,C)2001 rMFC M (R) Al R1R COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 October 19, 2016 The Broadway Group, LLC 216 Westside Square Huntsville, AL 35801 RE: VARIANCE REQUEST #14-16 Dear Sir: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on October 18, 2016. The request on parcel identified by Property Identification Number 54-A-127C was approved by the BZA to allow a 24 foot front yard variance to a required 50 foot front yard setback resulting in a 26 foot front yard setback. The property is located on Senseny Road (Route 657) in the Red Bud Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, iarr'eC�heran Zoning Administrator MRC/pd cc: Blaine Dunn, Red Bud District Supervisor Charles Dunlap and Christopher Mohn, Red Bud Planning Commissioners Jane Anderson, Real Estate - Commissioner of Revenue John Trenary, Building Official 300 N LLC, 300 N. Main Street, Moorefield, WV 26836 107 North Kent Street, Suite 202 * Winchester, Virginia 22601-5000 0 • VARIANCE APPLICATION #14-16 THE BROADWAY GROUP, LLC Staff Report for the Board of Zoning Appeals Prepared: October 11, 2016 Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: October 18, 2016 Public Hearing; Action Pending LOCATION: The property is located on Senseny Road (Route 657). MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 54-A-127C PROPERTY ZONING & USE: Zoned: B-1 (Neighborhood Business) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: B 1 (Neighborhood Business) Use: Commercial West: RP (Residential Performance) Use: Church VARIANCE REQUESTED: The Applicant is requesting a 24 foot front yard variance to a required 50 foot front yard setback resulting in a 26 foot front yard setback. REASON FOR VARIANCE: The future expansion of Senseny Road (Route 657) requires additional Right -of -Way (R-O-W) to be dedicated along the frontage of this property. STAFF COMMENTS: The 2030 Comprehensive Policy Plan of Frederick County (Comp Plan) identifies Senseny Road (Route 657) as a future four (4) lane improved major collector highway. In Variance #14-16 — The Broadway Group, LLC Page 2 October 11, 2016 order to implement the goals of the Comp Plan, the Frederick County Zoning Ordinance (Ordinance) requires any new development along roadways to dedicate additional R-O-W needed for future road expansion. The Ordinance requires a minimum setback requirement based on the classification of existing roadways and future roadways. The Ordinance requires a 50 foot front yard setback for the Applicant's property. However, the necessary dedication for the future expansion of Senseny Road (Route 657) is 25 foot. The Applicant cannot place the building out of the R-O-W without being placed within a shared zoning district buffer. The Ordinance does not allow buildings to be placed within buffers. Therefore, the Applicant is requesting a 24 foot front yard variance to a required 50 foot front yard setback resulting in a 26 foot front yard setback to develop the property for commercial use. STAFF CONCLUSIONS FOR THE OCTOBER 18, 2016 MEETING: The Code of Virginia 15.2-2309 (2) and Code of Frederick County 165-1001.2, states that no variance shall be granted unless the application can meet the following requirements: 1) The property interest for which the variance is being requested was acquired in good faith. 2) The granting of the variance will not be a substantial detriment to adjoining property or nearby properties in the proximity of that geographical area. 3) The condition or situation of the property concerned is not of so general or recurring as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4) The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property. 5) The relief or remedy sought by the variance is not available through a special exception or the process for modification of a zoning ordinance. The necessary right-of-way dedication for Senseny Road along the frontage of this property would not allow this property to be developed as the owner desires. This request for a variance from setbacks of the B 1 (Neighborhood Business) Zoning District may be justified. Rp Q 1548 SENSENY RD S Applications Parcels Sewer and Water Service Area Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) q � MsoN p ° p3 1562 a*4 SENSEN RD � I570 SENSENY RD • � 1582 SENSENY 41zS' "�.- --,qq raj VAR # 14 - 16 Note: Frederick County Dept of The Broadway Group Planning & Development Summit Community Bank sute202nTSt PIN: Winchester, VA 22601 54 - A - 127C 540 - 665 - 5651 Front Yard variance Map Created: September 26, 201 Staff: mcheran 0 65 130 260 Feet 04 APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY - Variance Applicati n # Submittal Deadline Submittal Date 9 as I to For the BZA Meeting of I o f P Fee Amount Paid _N Lk)O QOInitials: Receipt # 51 I 0 7 S Sign Deposit Paid — MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT l . The applicant is the owner F-1 other 7. (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: NAME: The Broadway Group, LLC ADDRESS: 216 westside Square Huntsville, AL 35801 TELEPHONE: 256-533-7287 OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route Numbers): 4 5. From 107 N Kent St. in 0.2 miles turn left onto E Cork St. Continue travel for 1.8 miles and the destination is on your left. The site is in between St. Paul's On The Hill Episcopal Church and The Tot Spot Child Care. The property has a road frontage of 538.85 feet and a depth of 123 feet and consists of 1.56 acres (please be exact). The property is owned by Summit Community Bank as evidenced by deed from Amit Properties, LLC. recorded (previous owner) in deed book no.100003607 on page 284 or instrument number of the deed books of the Clerk 7 90 • 0 of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Red Bud 7. Property Identification Number (P.I.N.): 54 A 127C 8. The existing zoning of the property is: commercial 9. The existing use of the property is: undeveloped 10. Adjoining Property: USE ZONING North Housing RP East Daycare/Pre-School B1 South Housing RP West Church RP 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.") The Broadway Group, LLC is asking for a 24' front minimum building setback variance in order for our building to fit on the property. Before the additional land was required to give for the ROW, we had a depth of 148.09 and did not need any variances for this project to succeed. 12. List specific reason(s) why the variance is being sought in terms of, such as: ►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 This variance is being requested due to the hardship Frederick County has put into place for our development. Due to the County Comprehensive Plan, this lot is losing 25ft of land therefore making this lot shallow in buildable area. The 25ft is required to give to VDOT as ROW for the site plan approval for the 2030 Comprehensive Plan. 00 • 0 13. Additional comments, if any: This hardship of additional land being taken away from this property for ROW makes this lot very hard to develop for the use of commercial. During the pre -due diligence stage, our council reached out to the County and the Virginia Department of Transportation and was not made aware of the Comprehensive Plan with future land being required to give for additional ROW. Based on this information received in the pre -due diligence phase, we submitted the site plan to our tenant showing all aspects of the project worked. Without these variances, this project will die. This project will bring 8-10 new jobs to Frederick County along with new tax revenue. 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 and Property Identification Number Address NameClaytor Kathryn V Trustee 241 Jefferson St. Winchester, VA 22601 1597 Senseny Road Winchester, VA 22602 Property # 54 A 127E Billy J. Trustee PO Box 368 Winchester, VA 22604 00101 Williamson PL. Winchester, VA 22602 EamerT-Isinger # 54 A 127B Name Episcopal Church 1527 Senseny Road Winchester, VA 22602 Property # 54 A 128 NameSeelbach, Tim 1582 Senseny Road Winchester, VA 22602 Property # 54 E 7 5 Name Nguyen, Phi T. 1570 Senseny Road Winchester, VA 22602 Property#54 E 7 24B NameHamilton, Carrie C. 1562 Senseny Road Winchester, VA 22602 Property # 54 E 7 25B Name Weigand Il, Samuel P. 1548 Senseny Road Winchester, VA 22602 Property # 54 E 7 26 NameZeb, LLC C/O Susan Perry 603 South 6th Street Winchester, VA 32034 1538 Senseny Road Winchester, VA 22602 Property #54 E 7 27 9 0 • * 0 Additional Comments Continued: Our tenant builds and runs a retail store to deliver everyday low prices on products that their customers use every day. Their successful prototype makes shopping a truly hassle -free experience. Our tenant's goal is to provide their customers a better life and their employee's opportunity and a great working environment. For people entering the workforce for the first time, our tenant provides an ideal foundation of basic work skills along with competitive wages and benefits. Experience workers are drawn to the opportunity to grow with one of the fastest - growing retailers in America! AGREEMENT VARIANCE # (Number to be assigned by the Planning Dept.) 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 seven (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 statement information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT `� u DATE CA I2I I 1 SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- B/A PUBLIC HEARING OF 1-0 / 25 ACTION: ` - ATE - APPROVAL DENIAL SIGNED: _ BZA CHAIRMAN DATE: h9hp 94 010 PRELIMINARY SITE PLAN I WINCHESTER, VA PROTOTYPE: F DEVELOPER DESIGNER DATE BLDG/SALES S.F.: 9002/7385 COMPANY: THE BROADWAY GROUP COMPANY: THE BROADWAY GROUP 9/21/2016 ACREAGE: 1.56 NAME: BOB BROADWAY NAME: JOEL GARRETT PARKING SPACES: 37 PHONE: (256) 533-7287 PHONE: (256) 533-7287 —5 0' M.B.L. LANDSCAPE BUFf ER,,� O PRIVACY FENCE Ct ct 6 +60.37' 11 25' SHARED BUFFER EASEMENT o 90 90 10' LANDSCAPE BUFF RETE j L CONCRETE VA ROUTE 657 - — — — — — — — — -- — — — — — — — — I DELIVERY PAD DUMPSTER PAD SENSENY ROAD 10' ASPHALT PEDESTRIAN TRAIL 25' R.O.W. TO BE MONUMENT j DEEDED TO COUNTY SIGN 130'— 1028' PLAN F o GROSS 9,002 SF SALES 7,385 SF 3.5-1is 28' 11-i Tlg16.5' The In I - I Group Commercial Real Estate Development SCALE: 1 216 Westside Square - Huntsville, At 35801 8 0' Phone: (2561533-1281 - Fn: (2561533-7236 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) 300 N LLC 304-530-1000 Name (Phone) -- ----- (Address) 300 N. Main Street, Moorefield, WV 26836 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 100% (!01 _ on Page ,and is described as 54 A 127 C Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name)Tnf` kZ��C i-� _�._L. - — - (Phone) 2 - 533 -�2b�1 (Address) 21 (Q U�1_Q� -t A , Sq mue�re �_� �YlfSV 1 IBC . f�_�. �Q . To act as my true and lawful attorney --fact for and in my (ourj me, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above descnbed Property, including: _Rezoning (including proffers) _Conditional Use Permit _Master Development Plan (Preliminary and Final) 7-1 Subdivision Site Plan _Variance or Appeal variance for setback requirements on the site My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwisS rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of e. , 20__LCp Signature(s) _ --- -- ----- - -- _ - --- State of V ginia, City/County of y\a 1 4 , To -wit: z_ (y ;� 1 e _ _, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowdged the same before n)e in the jurisdiction aforesaid this V � day of , 20l(c. sion Expires: NotaryPublic �,Q W E-0f F '- r3FrT=L SEAL NOTARY PUBLIC � A ' STATE OF WEST VIRGINIA M. JULIE A. CRI T ES ^� �f SUMMIT FINANCIAL GROUP _ P. O. DOX 179 - 200 N. MAIN ST. MOOREFIELD, WV 26036 My commission expires January 10. 2018 If 04 0 • INSTRU&* LEGEND: I ALTA / NSPS LAND 77TLE SURLY FOR z DEEDED NOR ER THE BROADWA Y GROUP, LLC MONUMT o a l I UTILITY POLE �Ay c H Op ` OF PARCEL A 1.8679 ACRE PARCEL z o z q GUY ANCHOR l I AS SHOWN ON A PLAT ENTIRED "FINAL SUBDIVISION PLAT OF OWH- OVERHEAD N1R£ A -O qp p4^ PIN S54'11'04"E TO SSMH A" # LIGHT POLE i THE LAND OF KIMBERLY G. HENRY' DATED JANUARY 5, 1999 A v v FOUND / 30•00' TOP ELEV. = 694.8' TELEPHONE PEDESTAL o AND BEING SITUATED ON SENSENY ROAD (VA RTE 657) CABLE LIGHT #� I 1 INVO = 688.5' �AN- SANITARY PEDESTAL ALAN LINE ALAN CLEIAONS ' FRED£RICA COUNTY, NRGIN/A n SCALE i'=30' z' POLE S , Lic. No. 002823 v � Q SANITARY S£W£R MANHOLE PAGE ?OF? p SqPIN -W- UNDERGROUND WA 7ER LINE � WA7ER MANHOLE \ I SET ® S7REEr SIGN `O4 TAX f. 54 A 127C DATE.•JUNE 10, 2016 SSMH ' -GAS- UNDERGROUND GAS LINE Nd SURv�� DRAWN: MAC N. RAW DATA B sy TOP ELEV. = 694.1' pd GAS VALVE CALL: MAC W.O.: 16-0081:02 > 'r -__JNWN (A)=687.9' _ UNDERGROUND STORM PIPE INV1N (C) = 688.0' w..ur TREE LINE glogh 2122 Carolina Avenue, S.W. 1NV'0 = 687.8' Rop a r k e r Phone:540-397-I153 Fa : 540-389-5767 LY ' 30' 0 THIS PLAT IS BASED ON A CURRENT ENGINEERS DESSIGN� PLANNERS GROUP LANDSCAPE ARCHITECTS 60, FIELD SURVEY. SUMMIT COMMUNITY 1"=30' BANK ARE THE OWNERS OF RECORD, J SEE INSTRUMENT 42010OJ60Z GRAPHIC SCALE LIGHT / POLE V C' TOP ELEV.. = 702.1' N/F O I t /NVIN = 688.8' BILLY J. 715INGER, TRUSTEE INVO = 688.7' 12' CUP EXIS77NG 12' CUP TAX J54 A 1278 q:5 O� ny L -- 702.2' CURB 703.3' DEED BOOK 930, PAGE 630 4 O �!-------- - - - - - - - - - - / SkNN SAN S CLEAN OUT PEDESTALS (TYPICAL) ----------------1 SAN SAN h—� CLEAN / _ v EXISTING SAN �^, SAN SAN —g-- SAN SAN SANS SAN SAN SAN I� � PAVEMENT �f� _— _— _ OUT N o oHw / oHw — — — — — PIN — = —705- — $72"0104- E 460.3T FOUND 50' SNARED PIN it I / • �� __ �� BUFFER EASEMENT FOUND _no BUFFER _ _ — — \ _ I -- � (lN T. g0 0026511) � N ---- - - - - - --------------------\ i BUFFER EASEMENT V I \ TAX fir{ A 127C \ ADJOINER BUILDING N p \ (D.B. 950, PG. 257) ' f.8679ACRES / _ 15'x15' \ U EASEMENTMENT EXIS77NG y \ / 1 �2.B. 733, PG 173) PAVEMENT Q, 50' MBL ZONING ORDINANCE ti CENTERLINE OF 20' 2 ELECTRIC EASEMENT 20' U77UTY EASEMENT \ e (D.B. 598, PG 719) AS SHOW � ABANDONED ON D.B. (D.B. 377, PG 281) L929, PG. 257 j x POLE FOPINUND W — -- -- —�---, -- —\--- — \ 210+% TO PI INTR a� WWAMSON ROAD Jily— GAS —�- G N q� w -� a iw S oriw G Ste— \ 0! f ybw W w w OHW 0Hw GA a�w w W / PIN FOUND oHw N 714T37" W_ 538.85'— % POINT OF / y1LIGHT 9h �� o� SCHOOL ZONE-)7p5 12' CMP BEGINNING / / s % 704.2' --% N_�------�_ ---25 CENTER LINE OF THE ROAD - CENTER LINE OF THE ROAD UTILITY NOTES: VA. ROUTE 657 7H£ U7/U77ES SHOW) HEREON BY PARKER DESIGN GROUP ARE BASED ON FIELD LOCA17ON OF OBSERVED EVIDENCE OF SENSENYROAD GPS BENCHMARK U77LIRES, RECORDS AVAILABLE AT TIME OF SURVEY, AND BY MARKINGS DONE BY MISS U77LITY (77CKET IA614700954). 60' AND VARIABLE WIDTH RIGh'T OF WAY BRIDGE SPIKE SET REMARKING OF U77LI77ES AND VER/FICA770N ARE SUGGES7ED BEFORE ANY POSSIBLE EAR7H WRK IS PERFORMED. 35 MPH WITH 25 MPH SCHOiX ZONE ELEV = 70363' TOPOGRAPHY CERTIFICATION. - THIS PAR77AL TOPOGRAPHIC SURVEY WAS COMPLETED UNDER THE DIRECT AND RESPONSIBLE CHARGE OF ALAN CLEMONS, FROM AN ACTUAL GROUND SURVEY MADE UNDER MY SUPERVISION, THAT THE IMAGERY AND/OR ORIGINAL DATA WAS OBTAINED MAY 26, 2016 AND THAT THIS PLAT, MAP OR DIGITAL GEOSPA77AL DATA INCLUDING METADATA MEETS THE MINIMUM ACCURACY STANDARDS UNLESS OTHERWISE NO7ED. INSTRUMENT # 0 0 PLANNING COMMISSION BOARD OF SUPERVISORS BZA REVIEW CHECKLIST 1�)ZA MEETING OF [Q I I � It is important that you review the final package of your Agenda item(s), making certain that all necessary documents are attached! Please initial and date that you have completedyour review. THANK YOU! Project/Initials Date Candice: John: y Tyler: Dave: FINAL REVIEW AND APPROVAL: Mike: Received by Clerical Staff for copying: 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. 10 FREDERICK COUNTY DEVELOPMENT REVIEW FEES Adopted April 23, 2008 — Effective May 1, 2008, Revised 2/24/2010, 4/28/2010, 5/2011, 1/25/2012 COMPREHENSIVE POLICY PLAN $ 3,000 non-refundable REZONING $ 1,000 — Proffer amendments not requiring a public hearing $ 5,000 base + $100/acre — 2 acres or less $ 10,000 base + $100/acre more than 2, less than 150 $ 10,000 base + $100/acre first 150 + $50/acre over 150 acres SUBDIVISION Non -Residential $1,000 base Design Plan $ 200/lot Plat $ 100/lot Residential (RP, R4, 115) Design Plan $ 2,500/base $100/lot Plat $ 200/lot to 50 lots $ 100/lot over 50 lots Rural Areas (RA) Sketch (Design) $ 2,500 base $200/acre Plat $ 200/lot Rural Areas (RA) Minor — 3 lots or less $ 200/lot Lot Consolidation $ 200/lot Boundary Line Adj. $ 200/lot VARIANCE $ 400 BZA APPEAL $ 250 ZONING CERTIFICATION LETTER $ 250 ZONING DETERMINATION LETTER $ 100 SUBDIVISION ORDINANCE EXCEPTION MASTER DEVELOPMENT PLAN $ 3,000 base + $100/acre for first 150 +$50/acre over 150 acres CONDITIONAL USE PERMIT Cottage Occupation $ 75 Telecommunication Tower $ 7,000 Other $ 750 SITE PLAN Non-residential $ 2,500 base $ 200/acre to 5 acres $ 100/acre over 5 acres Residential $ 3,500 base $ 300/unit to 20 units $ 100/unit over 20 units Minor Site Plan $ 500 for revision that increases existing structure area by 20% or less & does not exceed 5,000sf of disturbed area. POSTPONEMENT of any Public Hearing or Public Meeting by Applicant after Advertisement, to include Applicant requests to TABLE an agenda item $ 500/occurrence. THIRD & SUBSEQUENT PLAN REVIEWS (including County Attorney review) for a single development application $ 500/review. BOND MANAGEMENT Establishment of bond $ 500 Reduction/Release $ 300 Replacement $ 500 TDR PROGRAM TDR Application Review $300 (*Review includes TDR Letter of Intent) TDR Certificate $200 Certificate Ownership Transfer $50 Receiving Property Approval $200 Review of Sending Property Deed Covenant $100 Review of Deed of Transfer (Extinguishment Document) $100 CHAPTER 161 FEES $ 500 Installation License $300 Septic Haulers Permit $200 Residential Pump and Haul $50 Commercial Pump and Haul $500 Date & Time J L'� a lJ L S r^15 SEP 2 2 2016 Document Approval Form r PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Initials C (!M7ar!ki� Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & Time (S:Office on Blackbox\Forms\Document Approval Form —6/7/2016 ) BOARD OF ZONING D w.k { --I M APPEALS SEP 2 2 2016 EjU VARIANCE _ REDERICK' - T APPLICATION PACKAG�,,�T k�,ut- Frederick County, Virginia Department of Planning and Development 107 North Kent Street North Building, 2"d Floor Winchester, Virginia 22601 Telephone: (540) 665-5651 - FAX: (540) 665-6395 Website: www.fcva.us (Revised 11.30.15) TABLE OF CONTENTS APPLICATION FOR BOARD OF ZONING APPEALS - VARIANCE FREDERICK COUNTY, VIRGINIA ApplicationInstructions........................................................................ ............................3 Boardof Zoning Appeals Policies...................................................................................................5 VarianceApplication Form..............................................................................................................7 AdjoiningProperty Owners.............................................................................................................9 Agreement...................................................................................................................................... I I SpecialLimited Power of Attorney Form......................................................................................12 Development Review Fee Schedule ............................................13 0 APPLICATION INSTRUCTIONS FOR A VARIANCE It is the responsibility of the applicant to complete this form in its entirety and as precisely as possible. In order to be heard by the Board of Zoning Appeals on a particular date, all materials must be submitted prior to a cut-off date established during the previous month. The specific cut-off date is established each month in order to meet advertising requirements specified by the Code of Virginia.,You can obtain this date from the Planning and Development Department. Because applications are photocopied for Board members, they must be completed in ink or typed. All supporting materials must also be able to be legibly photocopied. PLEASE ATTACH THE FOLLOWING IN SUPPORT OF THIS APPLICATION: 1. A plot plan of the property, acceptable to the Zoning Administrator, showing: A. Existing structures. B. Measurements from existing structures to all property lines. C. Measurements to all property lines from the addition for which a variance is requested and to the nearest structure(s) on an adjoining property. 2. A copy of the deed to the property, which may be obtained from the Clerk of the Circuit Court at the Judicial Center, 5 North Kent Street, Winchester, Virginia. 3. All other evidence or exhibits should be submitted along with this application. Information to complete items 4 and 5 on the application may be obtained from the Deed to the property. Information for items 6, 7 and 14 may be obtained from the office of the Commissioner of the Revenue (located directly across from the side entrance of the old County Courthouse). Current property zoning for items 8 and 10 may be obtained from the Office of Planning and Development. If the applicant is not the property owner, the application must be signed by both parties. The title of the representative for an organization, church, etc. shall be shown on the application. The fee for this application is $400. Upon submittal of your completed application, a sign will be provided to you. At least seven days before the public hearing, the sign must be placed at the property line and be maintained so as to be visible from the road or right-of-way until after the public hearing. Failure to post the sign will result in your application being tabled. The $400.00 application fee is due upon submittal of the completed application. Please make checks payable to "Treasurer of Frederick County". Notification of the Board of Zoning Appeals public hearing will be mailed to you. Board of Zoning Appeals public hearings are generally held the third Tuesday of each month at 3:25 p.m. in the Board of Supervisors' meeting room in the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. The applicant (or a representative) must be present at the Board of Zoning Appeals public hearing when the request is to be considered. If the applicant (or the representative) is not present, the variance application will then be tabled until the next regular meeting. If the application is not represented for two consecutive meetings, the Board may remove the application from consideration. IF YOU HAVE ANY GENERAL QUESTIONS OR NEED ASSISTANCE IN COMPLETING THIS APPLICATION, PLEASE CONTACT THE DEPARTMENT OF PLANNING & DEVELOPMENT AT 540-665-5651. FREDERICK COUNTY BOARD OF ZONING APPEALS POLICIES The Board of Zoning Appeals (BZA) has the following policies under which it operates: Your application for variance allows inspection of your property by the members of the BZA and the staff of the Planning and Development Department. 2. Applications submitted after the announced deadline or cut-off date for a specific meeting will not be heard at that meeting unless approved by the Zoning Administrator or Chairperson of the BZA. 3. The schedule of meeting dates will not be altered for individual variance applications except 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. Each application will be reviewed based on its own merits. 5. Proof of ownership of the property for which the variance is being requested is required. 6. There is a time limit for presentations to the BZA. Representatives of both sides of a case 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 BZA. M 7. The applicant's evidence, exhibits, etc., should be submitted with the application to allow for prior consideration by the BZA. This also expedites the public hearing, since BZA members receive copies of application materials. A "variance public hearing" sign shall be posted for all variances. This sign shall be placed so as to be visible from the road or right-of-way, at least seven days before the public hearing and maintained until after the public hearing. Failure to post the sign will result in your application being tabled. With regard to variances, the BZA has the following powers and duties as outlined in the Frederick County Zoning Ordinance and the Code of Virginia, as amended: To authorize variances from the terms of the Zoning Ordinance ifthe evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relatingto o the property or improvements. No variance shall be authorized by the Board unless it finds: ➢ The property interest for which the variance is being requested was acquired in good faith; ➢ Any hardship was not created by the applicant for the variance; The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; Condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; ➢ The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and ➢ The relief or remedy sought by the variance application is not available through a Conditional Use Permit process or the process for modification of a zoning ordinance. In authorizing a variance the Board may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are complied with. THESE REQUIREMENTS ARE SPELLED OUT IN CHAPTER 165 OF THE FREDERICK COUNTY CODE, ZONING ORDINANCE, ARTICLE X, BOARD OF ZONING APPEALS, SECTION 165-1001.02C AND TITLE 15.2-2309, LOCAL PLANNING LEGISLATION, CODE OF VIRGINIA, 1950, AS AMENDED. Decisions of the BZA may be appealed to the Circuit Court within 30 days ofthe decision. See Code of Virginia (15.2-2314) for details. K.T DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA ` / Y� a','_ GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: C123/h., REQUESTED COMPLETION DATE: 10 1 `-I b (' REQUESTING AGENT: Department, Agency, or Company: - Mailing and/or Billing Address: Telephony. E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) . 1 �� R� 0� ov Lnf �5-r-A- is -1 c DIGITAL: PAPER: FAX: E-MAIL:, cram'Pc- COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: HOURS REQUIRED: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: AMOUNT PAID: CHECK NOI Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) vow ,ailce - ---- np j- S �ky e �� 116'd — Thanks COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 NIT') VA 220 041 EX; Ir ' 1116 P M 7L Hasler FIRST-CLASS MAIL 10/04/2016 TME$00.465 9�wZIP 22601 011 D1 1646815 54E - 7- - 24-B 1 Q NGUYEN PHI T NGUYEN THUY T r 1570SENSENY RD WINCHESTER VA 22602-6424 NIXIE e7 7E 13 eel e iy7 /16 1 RETURN TO SENDER 1 NOT DELIVERABLE AS ADDRESSED I ;3- UTF SC, 22691500099 '`0517-08325-04-42 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 4, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #14-16 OF THE BROADWAY GROUP,LLC On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, October 18, 2016, at 3:30 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance Request #14-16 The Broadway Group, LLC, for a 24 foot front yard variance to a required 50 foot front yard setback will result in a 26 front yard setback variance. The property is located on Senseny Road and is vacant and is identified with Property Identification Number 54-A-127C in the Redbud Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, �Lft Cheran Zoning Administrator_ MRC/ks OCT 1 1 2016 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 4, 2016 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #14-16 OF THE BROADWAY GROUP,LLC On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, October 18, 2016, at 3:30 p.m., in the Board Room of the Frederick County Administration Building at. 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance Request #14-16 The Broadway Group, LLC, for a 24 foot front yard variance to a required 50 foot front yard setback will result in a 26 front yard setback variance. The property is located on Senseny Road and is vacant and is identified with Property Identification Number 54-A-127C in the Redbud Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Plamling Department's website at www.fcva.us. Sincerely, Mark Cheran Zoning Administrator MRC/ks 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify thal the attached correspondence was mailed to the following on /y " (P from the Department of Planning and Development, Frederick County, Virginia: 54 - A- - 127•E CLAYTOR KATHRYN V TRUSTEE 54E 7 25 B 241 JEFFERSON ST HAMILTON CARRIE C WINCHESTER VA 22601.3750 1562SENSENY RD - - - -- - WINCHESTER VA 22602-6424 54 - A• - 127-B -- - - TISINGER BILLY J TRUSTEE 54E . 7- - 26- PO BOX 368 WEIGAND II SAMUEL P WINCHESTER VA 22604.0368 1548SENSENY RD WINCHESTER VA _ 2.2602_•6424 54 ' A' ' 128 EPISCOPAL CHURCH I 54E - 7- . 27- 1527 SENSENY RD ZEB LLC CIO SUSAN PERRY WINCHESTER VA 22602 6423 - 603 S 6TH ST FERNANDINA BEACH FL 32034.4036 54E - 7- - 24-B i NGUYEN PHI T NGUYEN THUY T 1570 SENSENY RD WINCHESTER VA 22602-6424 54 - A- - 127-C SUMMIT COMMUNITY BANK ATTN: DEBT MANAGEMENT PO BOX 179 MOOREFIELD WV 26836.0179 STATE OF VIRGINIA COUNTY OF FREDERICK 54E - 7. - 5. SEELBACH TIM 1582 SENSENY RD WINCHESTER VA 22602.6424 Aark. KCheran,ning & Subdivision Administrator Frederick County Planning Department C� I, a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Departm nt of Planning and Development, whose name is signed to the foregoing, dated f 0 �L, fQ , has personally appeared before me and acknowledged the same in my State "and County aforesaid. Given under my hand this .21-74k day of (9C%� ';a l Cp M commission ex ires on �11-t'1vyv�� / >> ) Y p (� �7 % ZU NOT RY PU Y PUBLIC COMMONWEALTTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 Var►C nc_-C —+��—tom The 'Brc5a6 c,)� ro&.p, LL T Tu mrn 14 C6mmli-Lnj"I 5ar� r 13. Additional comments, if any: LC'_,.,Ce To: Barbara -Data Processing From: Pam -Planning Dept. Pleas print -*- sets of labels by 2W -� i �• Thanks! F9 1L�VW v This hardship of additional land being taken away from this property for ROW makes this lot very hard to develop for the use of commercial. During the pr"ue diligence stage, our council reached out to the County and the Virginia Department of Transpodabon and was not made aware_ of the Comprehensive Plan with future land being required to give for additional ROW_ Based on this information received in the pre -due dSigence phase, we submitted the site plan to our tenant showing all aspects of the project worked. Wrthout these variances, this project will die. This project will bring 8-10 new jobs to Frederick County along with new tax revenue. 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 and Property Identification Number Address Name Claytor Kathryn V Trustee 241 Jefferson St. Winchester, VA 22601 1597 Senseny Road Winchester, VA 22602 Property #54 A 127E NameTisinger Billy J. Trustee PO Box 368 Winchester, VA 22604 00101 Williamson PL. Winchester, VA 22602 Property # 54 A 127B Name Episcopal Church 1527 Senseny Road Winchester, VA 22602 Property # 54 A 128 Name Seelbach, Tim 1582 Senseny Road Winchester, VA 22602 Property # 54 E 7 5 Name Nguyen, Phi T. 1570 Senseny Road Winchester, VA 22602 Property #54 E 7 24B Name Hamilton, Carrie C. 1562 Senseny Road Winchester, VA 22602 Property # 54 E 7 25B Name Weigand 11, Samuel P. 1548 Senseny Road Winchester, VA 22602 Property # 54 E 7 26 NameZeb, LLC C/O Susan Perry 603 South 6th Street Winchester, VA 32034 1538 Senseny Road Winchester, VA 22602 Property #54 E 7 27 V ut r I C-nL_. 1 --1 w ��'( 'oIThE bb�d �� y UCmM 14 C'0rnmci-n� 1 V 13Qn r P T N# SDI- A-1-a1 C- 13. Additional comments, if any: FILE Illhi� � r1nPY �1�. ,.0 �'i PAI� This hardship of additional land being taken away from this property for ROW makes this lot very hard to develop for the use of commercial. During the pre -due diligence stage, our council reached out to the County and the Virginia Department of Transportation and was not made aware of the Comprehensive Plan with future: land being required to give for additional ROW. Based on this information received in the pre -due dtligence phase, we submitted the site plan to our tenant showing all aspects of the project worked. Without these variances, this project will die. This project will bring 8-10 new jobs to Frederick County along with new tax revenue. 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 and Property Identification Number T Address NameClaytor Kathryn V Trustee 241 Jefferson St. Winchester, VA 22601 1597 Senseny Road Winchester, VA 22602 Property # 54 A 127E NameTisinger Billy J. Trustee PO Box 368 Winchester, VA 22604 00101 Williamson PL. Winchester, VA 22602 Property # 54 A 127B Name Episcopal Church 1527 Senseny Road Winchester, VA 22602 Property # 54 A 128 Name Seelbach, Tim 1582 Senseny Road Winchester, VA 22602 Property # 54 E 7 5 Name Nguyen, Phi T. 1570 Senseny Road Winchester, VA 22602 Property # 54 E 7 24B Name Hamilton, Carrie C. 1562 Senseny Road Winchester, VA 22602 Property #54 E 7 2 5 B Name Weigand II, Samuel P. 1548 Senseny Road Winchester, VA 22602 Property # 54 E 7 26 NameZeb, LLC C/O Susan Perry 603 South 6th Street Winchester, VA 32034 1538 Senseny Road Winchester, VA 22602 Property # 54 E 7 27 /I I T N N O ALYSSA CARTER 256-533-7287 0.0 LBS LTR 1 OF 1 THE BROADWAY GROUP 216 WESTSIDE SQUARE HUNTSVILLE AL 35801 SHIP TO: CANDICE PERKINS W-665-5651 DEPARTMENT OF PLANNING AND DEVELOPM NORTH BUILDING, 2ND FLOOR 107 NORTH KENT STREET' WINCHESTER VA 22601 •' •"` •• .}`W` --'' VA 226 0 2 0 UPS NEXT DAY AIR TRACKING #: lZ 97E 71R 019884 0194 BILLING: P/P ®7M X0L 16.08.02 NV45 78.0A 07/2016 i COUNTY of FREDERICK C Hasler FIRST-CLASS MAIL #4 C ` T yI'S r 14 10/04/2016 Department of Planning & Development TOO ' 46 5 107 North Kent Street, Suite 202 Winchester, Virginia 22601 ZIP 22601 011D11646815 54E -7• • 27. OCT 1 8 2016 ZEB LLC C/0 SUSAN PERRY 603 S 6TH ST FERN, ' Yi A1G �GL J'E 1 ttlQFi.b% is 16 7 A � TtitifE T45 c� wn.�. R :S as,' - a J1i ix71 L.. ia• T v r i.0 :.. 'ae' R's3. i.i a Y it�~I 1111 rt, 1 lit tI's iii.t....�:i�. tii.:.>>:.: 1.. 1 111 I.tlii..lii 11 1.. 1 r ` .ia COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 4, 2016 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #14-16 OF THE BROADWAY GROUP,LLC On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, October 18, 2016, at 3:30 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance Request #14-16 The Broadway Group, LLC, for a 24 foot front yard variance to a required 50 foot front yard setback will result in a 26 front yard setback variance. The property is located on Senseny Road and is vacant and is identified with Property Identification Number 54-A-127C in the Redbud Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, Mark Cheran Zoning Administrator MRC/ks 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000