HomeMy WebLinkAbout01-78 McDonalds Corp Height - Stonewall - Backfile (2)-
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HING DIRECTOR 130X m00% .. .
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ibTHEA L.. STEFEN 9 CauRT SQklAit£
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+ADMINISTRATOR �' -TER'.
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February 10, 1978
TO: Frederick County Board of Zoning Appeals Members
FROM: Dorothea L. Stefen Zoning Administrator
SUBJECT: Code Rationale and Staff Recommendation for Case No 001-78 to. -be
heard February 21, 1978.
i
Case No. 001--78, E. E. Edwards, Agent for Franchise Realty Interstate Corporation.
The sign the applicant wishes to erect is located in a B-2 (Business-Ceneral)
District. In the Zoning Ordinance,.signs which are not attached to buildings
Tf
are considered to be accessory structures. According to Section. 21-113, d,
(Height Regulations), accessory structures in B-2 Districts must be.less than
u
the.main structure in height and as indicated .by the applicant: the proposed
fifty (50) foot McDonald's sign .would :be higher than the,prapas,ed. restaurants -
Also, the above referenced section specifies•that, ... "No accessory structure
which is within twenty-five feet of any party lot line shall be.more'than one
story high".
Since the applicant wants to , erect a sign, that will be higher ,than, the, main
structure in height and closer to the party lot line than twenty-five (25) feet,.
it would be necessary for a variance to be obtained before a sign. permit could
be issued.
Staff Recommendation:
Staff recommends approval.
According to the County.Director of Inspections, the proposed sign as
indicated in exhibit #2(B) with my longhand notation of specifications 'would
be satisfactory. Staff requested comments from Inspectians so that the .Board
could better evaluate the safety aspect of allowing the 'proposed -sign to be
closer to the party lot line than allowed.
The County Director of Planning and Development suggest that approval: be
granted with'a stipulation that no new billboards be erected in Frederick County'
for .the primary..purpose of advertizing the .1•1cDonalds' Restaurant on U.:S. .Route
11 North.
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DI,S: btr
cc: J. 0. Renalds, III, County Administrator
a
E . 1. Edc;,ards
John C. Ridenour, Jr.
Mc onald's
OVER 3BILLION .
20'— 0"
no. 2
no.1 1 1 no.3
no.6 1 no.7
SIGN: 70-200
AREA: Approximately 200 sq. ft.
STRUCTURE: Designed for 30psf wind load
ELECTRICAL. Inspected and approved by U.L.
NOTE: Order replacement panels by number as shown above
no.4
no. 5
no. 8
SIGN HEIGHT
G rade Overall
Clearance Height
sill 340
SIP, low
FOR PRICING AND INSTALLATION INFORMATION CONTACT
C ZT� r1 C O r1.M
TENNE BBEE CON TiNENTgL CORPORATION
400 Rivers Road
Centerville, Tennessee 37033
Area Code (615) 729-4103
119 PLEASANT HILL ROAD, HARRISONBURG, VIRGINIA
January 23, 1978
Board of Zoning Appeals
County of Frederick, Virginia
9 Court Square
Tinchester, Virginia 22601
Attention: Dorothea L. Stefen, Zoning Administrator
Dear Ms. Stefen:
The McDonalds Corporation is proposing a store for their
undeveloped property on U.S. 11, just north of the city near
the intersection of route 839, as noted oh enclosed TOPO
SURVEY map (exhibit No. 1).
We are appealing to the board f or a variance to erect a 217
square foot, lighted, plastic sign with an over all height of
fifty feet (501) above the ground; please see drawing of sign
(exhibit No. 2) enclosed.
The sign that we are proposing is not as large nor as tall as
it should be; therefore we are only asking for the very minimum
needed. Our sign also has to compete with much taller signs
all around it. The CITGO sign on the adjacent property is
about one hundred and twenty feet (1201) high.
Please note location of our sign on plot plan (exhibit No. 3).
A copy of the deed is attached.
We have erected a 4811x4811 sign on the property giving details
of this variance request. Photo is enclosed.
Our check in the amount of twenty dollars ($20.00) is enclosed.
Please find the required list of adjacent property owners on
a seperate enclosed form.
This location lends itself more to this type of business as
opposed to others and we feel it will be an asset to your
community.
Your time and consideration is greatly appreciated.
Sincerely,
E. E. Edwards, Mgr.
EDDIE EDWARDS SIGNS, INC.
TRUCK PAINTING & LETTERING 0 PLASTIC SIGNS
0 HIGHWAY ADVERTISING 0 CRANE SERVICE
Ooi--78-1
APPLICATION FOR VARIANCE
Fee paid _�.ao FREDERICK COUNTY, VIRGINIA
Application No. CEO —7g Date of Application Jan. 23, 1978
PresentLand
AXpoftM owner Mr. Robert B. Ball Sr.other (specity) Developer and
Name: P. 0. Box9478 OccupantC( f otherrrchaer
than appli ant)
Richmond, Va. 23228 Franchise Realty Interstate Corp*
_Address: Name: y P
Applicant and Agent for Developer: E. R. Ec1warr3s Address: 8150 Leesburg Pike
Eddie Edwards Sigris Inc. Vienna, Virginia 22180
Telephone 119 Pleasant' Nil], Road,
Harrisonburg, Va. 22801Contact: Ms. Natalie A. Train
(703) 434-8595 Telephone (703 ) •onr► 56mQ4 F0
Location of property Just north of Winchester on U. S. Route 11,
near I-81 and State Route 839. Magisterial District Stonewall
Existing Zoning B-2 Property Identification Number o 0 Lt3 C A 00 0 0�4 S A
Existing Use None -Undeveloped
Adjoining properties zoning B-2
• Land appears to be unused except for a
Adjoining properties land use CITGO Service Station on the west boundry.
Variance Sought (describe briefly relief sought)
To install a lighted plastic sign (217 sQuare feet) to a maximum
overall height of fifty feet - { 50 t) . Request 15 feet variance for party
lot line setback requirementsper County height regulations.
Reason for Seeking Variance:
This is the smallest and lowest siFrn that will be visible to the motorin
public. It is complicated by the fact that all of the other primary signs
in the surrounding area are taller or more stragetically located. 'lFe think
the sign is very attractive in appearance and is needed to reach the
local and interstate traffic.
The person s and (jm-tg4--(i,=) (their) address es owning and/or
occupying adjacent property to the property sought to be affected (are)
(is): (Give names of all owners adjacent, across the road or highway
and facing the property and any owners across any railroad right-of-way
from such property. In the event the property affected is situated at or
within 100 feet of the intersection of any two or more roads or highways,
at or within one hundred feet of the intersection of the rights -of -way of
any two railroads, give names of property owners at all corners of any
such intersection).
Name Lot or tract Mailing address
East, 11Iest
Robert H. Ball Sr. & South
V. 0. Box 9478
Richmond, Va. 23228
Mr. Thomas Kremmer, Jr. Ser. Sta. on 1936 Valley Ave.
e�o'eulp.Plest Side 'Ninchester, Va. 22601
Howards Johnsonts Motel 7orth side of U. S. Route 11,, North of
and Restaurant U 9 S * 11 (opposite —
lUinchester at I-81
TAc Donalds )
_ e Oest o17 Xnawlecl.ge
I/3¢e hereby depose and say that all of the above statements and the statements
contained in any exhibits transmitted are true.
Franchise Realty Intersate Corp.
January 23 1978 8150 Leesburg Pike
Vienna, Virginia
Developer and Contractor
ApplicanLurchaser
__--E E-�+d r =s -, A - nt for:
For Office Use Only
Zoning Administrator a/has not re ddered a decision. If so, state substance
of decision: ��:,,.�� ,�0 ►.L" — c,�'-A a-- a 1 P
� cad cx,eoo.� trr '"� �-'e
4FZT
Date/7 / 7T Zoning Administrator
Date of hearing: 211,211 17t Final Decision Made:
The Variance sought was denied/Cpproved with the following condition's:
i
BOARD OF ZONING APPEALS
Building Permit #
Conditional Use Permit # by;
hair an Date
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H. RONALD BERG--
PLA44ING DIA[CTOR
DOROTHEA L. STEREN P. 0. BOX 601
9 COURT SQUARE
ZONING AOMI:119TRATOR WINCHESTER. VIRGINIA 22601
CERTIFIED MAIL
February 1, 1978
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s):
The application of E. E. Edwards, Agent for Franchise Realty Interstate
Corporation, requesting a height variance to allow a fifty (50) foot
McDonald's sign to be erected on the property zoned Business -General
District (B-2) and designated as property identification number
00430A000048A, fronting U. S. Route 11, North, Stonewall Magisterial
District.
The Public Hearing on the above Variance will be heard by the Board of
Zoning Appeals of the County of FrBderick, Virginia at 3:30 P12, February
21, 1978 in the Board of Supervisors' Room, 9 Court Square, Winchester,
Virginia.
Any interested parties having questions or wishing to be heard may attend
this meeting.
D?_S/btr
Count;, :`.dministrator
Sincerely.,
COUNTY OF FREDERICK, VIRGINIA
Dorothea L. Stefen
Zoning Administrator
io-- :, ..
Oo l-'7S
The person S and (joLmlii=)(their) address es owning and/or
occupying adjacent property to the property sought to be affected (are)
(is): (Give names of all owners adjacent, across the road or highway
and facing the property and any owners across any railroad right-of-way
from such property. In the event the property affected is situated at or
within 100 feet of the intersection of any two or more roads or highways,
at or within one hundred feet of the intersection of the rights -of -way of
any two railroads, give names of property owners at all corners of any
such intersection). '
Name Lot or tract Mailing address
East, 171est
Robert H. Ball Sr. & South V. 0. Box 9478
Richmond, Va. 23228
TAr. Thomas Kremmer, Jr. Ser. Sta. on 1936 ValleAve.
' v West Side 'Ninchester, Va. 22601
Howards Johnsor_ts Motel 1-Torth side of U. S. Route 11, 7orth of
and Restaurant U. S. 11
opros_ to
`rFinches ter at I-81
1.1c Donalds )
To e oest of _ notr e .ge
I/3ze hereby depose and say that all of the above statements and the statements
contained in any exhibits transmitted are true.
Franchise Realty Intersate Corp.
January 23 1178 8150 Leesburg Pike
Vienna, Virginia
Developer and Contractor
E. E Ed , r .s , A nt for:
ApplicanLurchaser
Y�
7
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For Office Use Only
Zoning Administrator a /has not reVLdered a decision. If so, state substance
of decision:
Li 01-d
Ilk W6'e
Date c2 7 / 7T Zoning Administrator G
Date of hearing: .211d 7 ;r Final Decision Made:
The Variance sought was denied/6-pproved with the following conditions:
BOARD OF ZONING APPEALS
Buildinb Permit fir`
CondJtional Use Permit # /
by
Chair an Date
CM'N I -/) 9--a I
NOTICE
WDONALDS HAS APPLIED TO
THE COUNTY OF FREDERICK
FOR A VARIANCE TO ERECT
A 217 S,F S16N 50 FT, TO TOP
;
rHEARING TO 6HIE 8,11, 3:15►.�
fBOARD OF ZONING APPEALS
9 COURT SO, WINCHESTER _
"
P & n
FREDERICK COUNTY. VIRGINIA
P. 0. BOX 601. 9 COURT SQUARE
WINCHESTER. VIRGINIA 22601
J. & J. Construction
2222 Greenfield Road
i Winchester, Virginia 22601
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NOTES:
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SPECTAL WARRANTY DEED
THIS DEED, made: this 1 0 th day of September, 1973, by and betWeen
CITIES SERVICE OIL COMPANY, a Delaware corporation, with offices in the f
Cities Service Building, P. 0. Box 300, Tulsa, Oklahoma, 74102, Party of the:
First Part, and ROBERT B. BALL, SR., P: 0. Box 9487, Richmond, Virginia,
Party of the Second Part,
WITNESSETH, That in consideration of the sum of Ten Dollars ($10.00),
and other good and valuable consideration, the said CITIES SERVICE OIL
COMPANY does grant, with special warranty of title, unto the said ROBERT.B.
BALL, SR., the following described property, to wit;
All that certain lot of land situate in Stonewall
Magisterial District, Frederick County, Virginia,
beginning at a concrete highway monument at the
intersection of the Southeastern Highway Boundary i
Line of U.S.. Route No. 11 with the Boundary Line
of Interstate Route No. 81, running with the three
--- following lines of U.S. Route 11 -OS 600 55' 32"
W.- 150.12 ft. to a concrete highway monument;
thence S 640 52' 18" W - 350.76 ft. to a proposed
concrete highway monument; thence S 120 28' 42"
W - 96.79 ft. to a proposed concrete highway
monument at the intersection of the said line with
the northeastern boundary line of Virginia Route
No. 661; thence with the two following lines of"
Virginia Route 661 - S 570 35'`'52" E - 850.00 ft.
to a concrete highway monument; thence N 830 09' I
36" E - 96.40 ft. to a concrete highway monument
in the western line of Route 81; thence with the
four following lines of Route 81 - N 80 19' 36"
W - 104.06 ft. to a concrete highway monument; i
thence N 180 36' 28" W - 111.32 ft. to a concrete
highway monument; thence N 180 32' 28" W - 527.20
ft. to a concrete highway monument; thence N 670 i
27' 28" W - 135.84 to the beginning, containing i
7.3587 acres, more particularly described by that —
certain plat and survey dated June 1, 1965, pre-
pared by Lee A. Ebert, Certified Land Surveyor,
hereto attached and by this reference made a part
of this deed. LESS AND EXCEPT those portions of i
that certain lot of land situate in Stonewall
Magisterial District, Frederick County, Virginia,
beginning at an iron pin at the intersection of the I
Eastern Highway Boundary Line of U.S. Rt. 11 with
the Northeastern Boundary Line of Rt. 839 (formerly
Rt. 661), running with the two following Boundary
Lines of Rt. 11 - N 120 28' 42" E - 96.79 ft. to an
iron pin; thence N 64° .52' 18" E - 200.00 ft. to an
iron pin corner to the Retained Portion; thence with
the two following lines of the said portion S 250
07' 42" E - 148.89 ft. to an iron pin; thence S 320
24' 08" W - 179.80 ft. to an iron pin in the North-
eastern Boundary Line of Rt. 839; thence with the
said Boundary Line N 570 35' 52" W - 200.00 ft. to
the beginning.
a
•
JOrf - j FACE v3
SUBJECT to covenants, restrictions and easements
of record.
Said Party of Lbo Socond fart for hLinself and his heirs and natilgim,
covenants and agrees that the premises described herein will not be used for
the sale, storage, or distribution of petroleum products for a period of ten
(10) years from the date of the Deed.
The said CITIES SERVICE OIL COMPANY covenants that it has done no act
to encumber the said land; and that the said premises, against all persons
lawfully claiming, or to claim the same, by, through or under it, it will
warrant and forever defend.
IN WITNESS WHEREOF, the said Party of the First Part has caused this
instrument to be signed by its Attorney in Fact, duly authorized and its
corporate seal to be hereunto affixed by its Assistant Secretary duly
authorized, the day, month and year above stated.
STATE OF OKLAHOMA )
SS.
COUNTY OF TULSA )
CITIES SERVICE OIL COMPANY
By
W. S . BAGOT
f� Attorney in Fact
Attest r�-f��2i'..�
R. E . KILLACKEY "
Assistant Secrecy,
• rr
I, Alberta Baker, Notary Public in and for the State and County afore-1
said, do certify that W- S. BAGOT and R. E. KILLACKEY, whose names as Attorney]
in Fact and Assistant Secretary of CITIES SERVICE OIL COMPANY, are signed to
the writing above, bearing date on the loth day of September, 1973, have
acknowledged the same before me in my County aforesaid.
1973.
GIVEN under my hand and official seal this 10th day of September,
My term of office expires on the 21st day of January, 1977.
,Q
II Alberta Baker, Notary Fubla
I This instrument was drafted by David A. Johnson, Attorney fr:,prcylc�f
First Part.
Sr
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0®/- ` —16
Certified Copy of Directors' Resolutions
"WHEHEAS, it is desirable in carrying on the buuincaa
of this corporation to appoint an Attorney in.Fact with power
to execute on behalf of this corporation various instruments
necessary in the transaction of its business:.
NOW, THEREFORE, BE IT
RESOLVED, that any one of.the Vice Presidan.s and
the Secretary, or an Assistant Secretary, of this corporation
be, and they hereby are authorized and,empowered for and on
behalf of, and in the name of the corporation, to execute and
deliver to W. S. BAGOT of Tulsa, Tulsa,County, State of
Oklahoma, a Power of Attorney for the states in which the
company is, or may be, authorized to do business, con3tituting
and appointing the said W. S. BAGOT its true and lawful
Attorney to execute on behalf of and in the name of this
corporation in connection with its business, instruments of
the kind described in the form of the Power of A�torneV
attached hereto as Exhibit "A", which is made a part hereof
as fully as if set out at length herein, and be it
FURTHER RESOLVED, that this corporation declares
.-that each and every act, matter, and thing which shall be
given, made and done by said W. S. BAGOT in connection with
the exercise of any or all of the aforesaid powers shall be
as good, valid, and effectual to all intents and purposes
as if the same had been given, made and done by this corpo-
ration in its corporate ores'pnr e, and it 1--raly ratifies
whatsoever said Attorney shall lawfully do or cause to be
done by virtue of said Power of Attorney."
I, R.-,E. KILLACKEY, Assistant Secretary of CITIES
SERVICE OIL COMPANY, do hereby certify that the above and
foregoing is a true and correct copy of resolutions recularly
and unanimously adopted at a meeting of the Board of Directors
of said corporation, duly called and held on the 18th day of
January, 1973, at which said meeting a majority of the Directors
was present and voted.
Dated: September 10,.1973.
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POWER OF ATTORNEY
The unduri+il;nc{�1, Ca'1'1L•'S SERVICE OIL, COMPANY, a
Delaware corporation, by these presents, does make, constitute
and appoint W. S. BAGOT of Tulsa, Tulsa County, State of
Oklahortia, its true and lawful Attorney in -Fact for it and in its
name,. place and stead, to enter into and execute on behalf of
i, this corporation the instruments affecting real estate designated
and described below:
(1) Deeds or other instruments conveying marketing
properties of this corporation and contracts. for
the sale or purchase of such marketing properties
(2) Offers to purchase real property, option contracts
and acceptances thereof in the conduct of the. market-
ing business of this corporation
(3) Agreements granting easements on lands of this
corporation or granting rights -of -way across such
lands of this corporation necessary to the marketing
business hereof
(4) Applications for licenses and permits; plats and affi-
davits in connection with zoning, -and building permits
required to be filed with any public board or office or
official of any municipal, county or state government
in connection with the marketing business of this cor-
poration
(5). Leases for non -petroleum use of surplus marketing
properties of this corporation
'3. giving and granting unto its said Attorney in Fact full and complete
power and authority to do and perform any and all acts and things
whatsoever necessary and requisite to be done, as may be necessary
? and proper in the premises.
Said CITIES SERVICE OIL COMPANY hereby declares that
each and every act, matter and thing which shall be given, made and
>1 done by said W. S. BAGOT in connection with the exercise of any or
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Bou , 421 PAGE. 3,52:
Power of Attorney - W. S. BAGOT - Page Z
all of the aforesaid powers shall be as good, valid and effectual to
all intents and purposes as if the same had been given, made, and
done by said CITIES SERVICE OIL COMPANY in its corporate
presence and it hereby ratifies whatsoever said r ttorney shall
lawfully do or cause, to be done by virtue hereof,
IN WITNESS WHEREOF, CITIES SERVICE OIL COMPANY
has hereunto caused its name to be subscribed and its corporate seal
to be affixed this 18�h day of January, 1973.
W. O. Brown Secretary
STATE OF OkLAHOMA)
) SS
COUNTY OF TULSA )
CITIES SERVICE OIL COMPANY
R. C. Moore Vice President
Before me, the undersigned, a Notary Public, in and for
said County and State, on this 18th day of January, 1973, personally
appeared R. C. Moore to me known to be the identical person
who subscribed the name of the maker thereof to the within and fore-
going instrument as its VICE PRESIDENT and acknowledged to me that
he executed the same as his free and voluntary deed of such corpora-
tion, for the uses and purposes therein set forth.
Vivian M. Spessa�d Notary, Public
My Commz ssioA October ?a, 1976
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