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Home My WebLink About07-73 Earl Haines Inc - Backfile" e r. r. COMMONWEALTH " OF, VIRGINIA DEPARTMENT OF HIGHWAYS AUG 30 1973 " xxxxxxxxxxxxxxxxxx xxxxxxxxxxxxx Edinburg, Virginia 22824 August ,25,. 1973 Ref: Earl 'Hines, Inc. property Rt. 7 - East Bound Lane, Frederick County_` \\ Mr. Joseph A. Massie, Jr. 31 South Braddock St. P.O. Box 593. Winchester, Virginia 22 1, `\ Dear Sir: This is to acicn l� le re i your letter to me dated August 14, 19 , to adv a that the.Highway Department has no obje i, to. underground storage room being' within 2' of h righ o way; however., I would recommend checking with enalds, Frederick County Adminis- trator to see if. h e are any county ordinances with a minimum set -back 1 If I'can be of any further help, please advise. Ver�ztuly yours, John W. Chiles, Jr Resident -Engineer Cy: Mr. J. 0. Renalds ROUTE 7 HWY. MON. S86'26 4WE 209.48' in N 0 Z01 - h 0 Q c�a0 �.0 N Q IX �4 N W OQ O In u O IRON PIN PT. 8116. N 86" 26' 48" W — 290.52' 1.06 AC. S 86' 02' 36" E — 3.123.761 DENNIS A. COLE D. e. 204 -- P. 566 D. S. 189 --- P. 305 N 75 0 16 55" 7747, W The above Plat is a Survey of the Remaining Portion of the Land conveyed to Earl Haines by Deed dated 31 May 1955 in Deed Book 236 Page 518 (The North- ern Portion having been conveyed to the Commonwealth of Virginia by Deed dated 21 March 1968 in Deed -Book 341 Page 327). The said Land fronts the Southern Highway Boundary Lines of The Berryville Pike - Route 7, just Fast of the City of Winchester, and lies in Shawnee District, Frederick County, Virginia: Beginning at an iron pin in the Southern Highway Boundary Line of Rt. 7s a corner to the American Legion, Inc, Land, which pin is located by measuring S 860 26, 4811 E - 209.48 fto from a concrete highway monument9 running with 1 0211 W - 133. 65 f t. to a post the Eastern Line of the said Legion Land S 03 54 p corner to the Dennis A. Cole Land; thence with the Northern Line of the said Land S 860 02t 361, E - 323.76 fto to a post in the Western Line of the Dennis T. Cole Land; thence with the said Line N 230 221 181t E - 128-54 ft, to a point in the Southern Highway Boundary Line of Rt. 7; thence with the two following Boundary Lines N 750 161 55" W -- 77-47 f t o 3 thence N 860 261 4811 W - 290-52 fto to the beginning. Containing - - 106 Acres. t: R, I ;.ATE tLo. 5 Y /Q,10 �! August 10 1973,�`{:�....!, a'. 1 Surveyed - - °- <'�: 07- 7 3,/ Application for Variance FREDERICK COUNTY, VIRGINIA TO: THE BOARD OF ZONING APPEALS OF FREDERICK COUNTY The undersigned applicant —(is) (are) the owner —of the following described property: A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO AND MADE A PART OF THIS APPLICATION. GIVE LOCATION' BY REFERENCE TO NEAREST ROAD INTERSECTION. DIMENSIONS OF SITE MUST BE GIVEN. In Magisterial District The petitioner_ request$ —that the said Board doth grant: The person and (his) (her) (their) address owning and/or occupying adjacer,L pro- perty 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-wayfrom 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). AddressName Lot or tract Mailing /�E_W -` i r I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. 19 Applicant L 06 I /A1 0)6 , 3 Mailing address Telephone Number Subscribed and sworn to before me th4day of C -- 19 2 3 c• �C' My commission expires 19�= Notary D-7--73,2 The person and (his) (her) (their) address owning and/or occupying adjacent pro- perty 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-wayfrom 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 r I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. 19 : } Appl icant� Mailing address �1�% �/q3! �t- Telephone Number Subscribed and sworn to before me thi!��_day of 19 My commission expires r 19� Notary �- � JOSEPH A. MASSIE, JR. GEORGE G.SNARR,JR.. MASSIE AND SNARR ATTORNEYS AT LAW WINCHESTER,VIRGINIA 31 SOUTH BRADDOCK STREET P. O. BOX 593 August 14, 1.973 Mr. William Riley Zoning Administrator Frederick County Office Building 9 Court Square Winchester, Virginia 22601 Re: Earl Haines, Inc. Application for Variance Dear Mr. Riley: RECEIVED AUG 1 5 M .�1M AREA CODE 703 TELEPHONE 667-1096 Enclosed you will find a copy of the plat of the property of Earl Haines, Inc. to go with the Application for Variance for a building he wishes to building adjoining Route 7. If you have any questions, please advise. I understand this matter will come before the Zoning Board of Appeals on October 16, 1973 at 2:00 P.M. Very truly yours, e_ -.-/)V- /Jeph A. Massie, Jr. JAM: jj Enclosure G, � 8In m 1.06 AC. Z 1 2 A 0 IL 0 J ) — �. N S 86' 02' 36" E — 323.76 W `-- �o sT DENNIS A. COLE D. e. 204 -- P. 566 D. S. I89 —P. 305 . 2 POST - -/ The above Plat is a Survey of the Remaining Portion of the Land conveyed Earl Haines by Deed dated 31 may 1955 in Deed Book 236 Page 518 (The North- 1 Portion having been conveyed to the Commonwealth of Virginia by Deed dated March 1968 in Deed Book 341 Page 327). The said Land fronts the Southern ghway Boundary Lines of The Berryville Pike - Route 7, just Fast of the City Winchester, and lies in Shawnee District, Frederick County, Virginia: Beginning at an iron pin in the Southern Highway Boundary Line of Rt. 7, corner to the American Legion, Inc, Land, which pin is located by measuring 860 26t 48" F - 209.48 fte from a concrete highway monument, running with e Eastern Line of the said Legion Land S 030 541 02" W - 133.65 ft- to a post )rner to the Dennis A. Cole Land; thence with the Northern Line of the said .nd S 860 02t 36" F, - 323.76 ft. to a post in the Western Line of tha Dennis , Cole Land; thence with the said Line N 230 221 18" F - 128.54 ft. to a )int in the Southern Highway 5oundary Line of Rt. 7; thence with the two allowing Boundary Lines N 75 16 t 55+t W - 77.47 f t. ; �" t• � , �,� �� fence N 860 26 t 48" W - 290.52 ft. to the beginning. Dntaining - - 1.06 Acres. irveyed - - - August 10, 1973• 8 w Refs Rt. i + Bast Bound taco �., Approz. 0.1 hii. Rent of Rt. R15 ��. tl;' L Frederick County Rawl Ratmers, I=. se ryVille Pike Winchester, Virginiaai 2260 Von Mac. Roues s ft accordance with asety ors hereby given iesnioe C place fill meter k at ovation as follousa to while w awe t, right of Bray it will be mocessary to erect ins ms prior to starting work, nsrd rem"* seem daily. S. Tau will be re r d to►,'Place this fill in a t�raif¢erm ammir and restore awe to the satisfaction of the H ghway Department. g. All graded slgws are to be asl or glattter, c� yc- .1 will be velquired to topsoil and reseed all disburb,1 turf C-A the 8tatess right of iray. 4 lhainesee is not to be blocked. 5. Finished grader of 'sh€ Ider to slope away fr+aee roadray on" as existing shouldsr graft. . if your cult ray Pat$ gee the right of w:ay, It:Vill be sesceso to imstall o ra!r f— ng" eigos. US Highway DepaTtmOat will not be responsible if any dawgs is loses laa this work is being pnrformd. COMMONWEALTH OF VIRGIINIA DEPARTMENT OF HIGHWAYS 07--73-( }x H COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS i.. EarA Haines. 2oc.• .$_ empletion of this work, please notify 07 Of"iCe t10 l ccn c: C": OA* work. All cork to he empleteA within 90 days. Vary,,truly yours* shn W. Chile$# arc. I.asident. 8a atme ar �. s ar. R. C. King . R. L.. Er W. K. D. Walker j. i R 0 /V-/ • Vr, D - a 41 �1 JOSEPH A. MASSIE, JR. GEORGE G.SNARR,JR. MASSIE AND SNARR NI'TO RN EYS AT LAW WINCH ESTER,VIRGINIA 31 SOUTH BRADDOCK STREET P. O. BOX 593 August 14, 1973 Mr. John W. Chiles, Jr. Resident Engineer Department of Highways Edinburg, Virginia 22824 Re: Earl Hines, Inc. property Rt. 7 - East Bound Lane Frederick County, Virginia Dear Mr. Chiles: AREA CODE 703 TELEPHONE- 667-1w)(3 Mr. Earl Haines has referred to me your letter of June 14, 1973, concerning your position in regard to his construc- tion of a building on his lot on Route 7 East of Winchester. Mr. Haines desires to construct a building ten feet back from the right of way with an eight -foot concrete pad in front of the building beneath which will be a storage room and fill will be placed between the right of way and the foundation for the concrete paid in accordance with your letter of June 14. The purpose in writing this letter is to clarify the fact that the Highway Department has no objection to this under- ground storage room being within two feet of the right of way and the top of it being level with the grain of the shoulder of the roadway. Thanking you for your considerations and reply to this matter, I remain, Sincerely yours, Joseph A. Massie �.Jr._�r _ rn ��LCa+ v. JAM:jj ,v 1 • - yG .: y � � �i, as DOUGLAS B. FUGATE, COMMISSIONER MORRILL M. CROWE, RICHMOND, VA. LE ROY EAKIN, JR., McLEAN, VA. EARL A. FI TZPATRICK, ROANOKE, VA. THOMAS R. GLASS, LYNCHBURG. VA. LEONARD R. HALL, BRISTOL, VA. DOUGLAS G. JANNEY. FREDERICKSBURG. VA ROBERT S. LANDES, STAUNTON, VA. WILLIAM T. ROOS, YORKTOWN, VA. DEPARTMENT OF HIGHWAYS xxz R I J&qqbft5N*g Edinburg, Virginia 22824 August 28, 1973 Ref: Earl Hines, Inc. property Rt. 7 - East Bound Lane Frederick County Mr. Joseph A. Massie, Jr. 31 South Braddock St. P.O. Box 593 Winchester, Virginia 22601 Dear Sir: JOHNE HARWOOD, DEPUTY COMMISSIONER & CHIEF ENGINEER W S G BRITTON. DIRECTOR OF ADMINISTRATION A K HUNSBERGER, DIRECTOR OF ENGINEERING H. GORDON BLUNDON, DIRECTOR OF PROGRAMMING AND PLANNING J M WRAY. JR., DIRECTOR OF OPERATIONS IN REPLY PLEASE REFER TO This is to acknowledge receipt of your letter to me dated August 14, 1973, and to advise that the Highway Department has no objection to the underground storage room being within 2' of the right of way; however, I would recommend checking with Mr. J. 0. Renalds, Frederick County Adminis- trator to see if there are any county ordinances with a minimum set -back line. If I can be of any further help, please advise. V t my yours, John W. Chiles, Jr. Resident Engineer Cy: Mr. J. 0. Renalds A HIGHWAY IS AS SAFE AS THE USER MAKES IT . , 'ENALDS 0 2- -23 -9 COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS It AUG 30 1973 xxxxxxxxxxxx3ocxxxx x,cxxxxx,ocxxxx Edinburg, Virginia 22824 August 28, 1973 Ref: Earl Rt. 7 Fre de Mr. Joseph 31 South B P.O. Box Winchester Dear Sir: This is to August 14, has no obj within 2' checking w trator to minimum se If I can be of any further help, please advise. Very truly yours,, L /`John W. Chiles, Jr Resident Engineer Cy: Mr. J. 0. Renalds dated >artment sing :ommend kdminis- Lth a RECEIVE1) Sip Q 4 1973 MASSIE AND SNARR ATTORNEYS AT LAW WINCHESTER, VIRGINIA 31 S. BRADDOCK ST, August 31, 1973 Mr. Earl Haines Earl Haines, Inc. Berryville Pike Winchester, Virginia 22601 Dear Earl: Enclosed you will find a copy of a letter I received from the Department of Highways. As you know, we have requested a variance of the County Zoning Ordinance in order to permit us to construct this storage room within two feet of the right of way. As you know, the storage room will not extend above ground or at grade lavel with ":he shoulder of the road, and the building itself- will be ten feet from the right of way which is the requirement in industrial zones. am sending a copy of this letter along with a copy of the Department of Highway's letter to the Frederick County Zoning Administrator in order that he may be acquainted with the position of the Department of Highways. Very truly yours, Joseph A. Massie, Jr. JAM; jj cc: Mr. William Riley Dear Mr. Haines: In accordance with your request you are hereby given permission to place fill material at the above location as follows: 1. While working on the right-of-way it will be necessary to erect the working signs prior to starting work, and remove same dully. 2. You will be required to place this fill in a uniform manner and restore same to the satisfaction of the Highway Department. 3. All graded slopes are to be 2:1 or flatter, and you will be required to topsoil and reseed all disturbed turf on the State's right-of-way. 4. Drainage is not be blocked. 5. Finished grade of shoulder to slop away from the roadway same as enclosing shoulder grade. 6. If your customers park on the right-of-way, it will be necessary to install "No Parking" signs. The Highway Department will not be responsible if any damage is done while this work is being performed.