HomeMy WebLinkAbout14-79 Robert F & Marianne Zeigler Front Yard - Stonewall District - BackfileFee paid ' $20.00
APPLICATION FOR VARIANCE
FREDERICK COUNTY, VIRGINIA
Application No.
Date of Application ' '11/26/79
Applicant owner: X other
(please check one)
Name: • Robert F.. Marianne H.-
Zeigler Occupant (If other than. app�1%ant:).
Address:222U.Kickory Hill Road
-
Name_ Robert F. -Zeigler, Inc.
g 4arylaM
21740 Address- 26 West Longmeadow Road -
Telephone, ( TT 733=6695
Hagerstown, Maryland •21740
Telephone l(301) 733 6695
Location of property Lot No.
7 AshTollota Industrial Park
Magisterial Distr1ctStonewa11 District
Existing Zoning
Property, Identi£icztioii Niimbzr Lot No. 7
ExistinIndus trial•'.
g Use
:.. "
Adjoining properties zoning
M-1 ".... ,
Adjoining properties land use
Vacant
Variance Sought (describe.briefly relief _sought)
Reduce setback -at front of building from.30'-0" (Variance granted to Denny's. Inc. 10/.18/77
Variance No. 0Z2-77) to 29 58'- as shown on plat as prepared by Greenway-Engineering dated
August 23, 1979. _
Reason for Seeking Variance:
In the process of construction, building layout points were inadvertently moved:
The person X and (his) (her) (their) address ourniag and/ar
..occupying adjacent property to the property sought to be affected (are'>
.(i:s) : (Give names of all owners adjacent, across the road or hi.ghcsay
,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 Mailirig address
Denny's, Inc. Lot 5,6,8 Rt. 5, Box 180, Winchester, Virginia 22601
Thomas.Baker Lot-4 Rt. 3, Box 188, Winchester, Virginia 22601
- I/we.`hereby depose and ..say.: that -all of .the above statue r .s ..and :the-sta-ziamen
contained in any exhibits transmitted are `true.
November 26 19 79
Applic
For Office Use Only
Zoning Administrator has/has not rPbdP7-PC7 n dagision_ If so, state sL'bstanc
of .-decision:,
Date _ _✓�-GL /� /9
Date of hearing:
Zoning Administrator
Final Decision Made:
The .Variance sought was denied/a proved with the following con ditions:
BOARD OF ZOINIINC, APPEALS
Building Permit 17
Condi.t.Lonal ,Use Permit i` bY:
h a 7
G /1-71-3
Application No. 014-79 - The application of Robert F. and Marianne
H. Zeigler, requesting a .42 foot front yard variance for the
setback of an existing building on the property zoned Industrial -
Limited (M-1) and designated as Lot 7, Ash Hollow Industrial Park
in the Stonewall Magisterial District.
Since the applicants have already erected the building and upon a
mortgage survey discovered that the structure encroached .42 feet
into the front building setback area, it would be necessary for a
front yard variance of .42 feet to be obtained in order to satisfy
the lending institution and Frederick County Zoning Requirements.
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30,
BRL BY VAR/ANCE SER8� OB �!
P /89
` ro
Na
022-77 � NANC p
_ GRANTED 77
ti- a. _� •�
LOT 7
WT2. oo� , O' 0
Sb I y
EASEMENT I I
mh ._ 1
of slieom h I
III �/
} 47 37 37p. 00 �oj
_ N/F^ COLS LANp
Mh
h Li1 _
TIStGATE "iG, �� '
f :i 63 ... , TITLE SURVEY
., -�---317-3 (h)I62
a� • LOT 7 ASH HOLLOW INDUSTRIAL PARK '
Stonewall District — Frederlc* County
•' >z v l� '{ i3, Virg/nla
scale /". 60' Augusf 23, 1979
�_,�r .. .,. 3$.s co•U.a 16�' .s"�kA-t s r+�'r=6aS` sC. �i.� • x '
.....•.•:�o�lii�%a9.�r.'i..v'. ..,.•.,:v:.a, ..w+..:..`�.:__ ..s.:.+is:�L,.�..Y6r'%.�tsn9: st.. ..� .,..+�.�.�e. .xwc..... ......Y.: r,. R' ..� .... >. .. . .
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38
01'�- 7:9--�-
#4210
DENNY'S, INC., ET AL
N TO: .: DEED
ROBERT•F. ZEIGLER, ET UX
I
LARGENT. ANOHRSOM.
LARRICK & GROVES
ATTOANNYS AT LAW
WINCNteTs". VUIOINIA
THIS DEED made and dated this day of November, 1978,
by and between DENNY'S, INC., and Dennis T. Cole and Mildred F.
Cole, his wife, of the one part, hereinafter called the Grantors
and Robert F. Zeigler and Marianne H. Zeigler, his wife, of the
other part, hereinafter called the Grantees.
WITNESSETH: That for and in consideration of thb sum of
Ten ($10.00) Dollars and other valuable consideration, the
receipt whereof is hereby acknowledged, the Grantors do hereby
grant and convey, with general warranty and English covenants of
title, unto the Grantees, as tenants by the entirety, with the
right of survivorship, as at common law, all that certain lot or
parcel of land lying and being situate South of U. S. State High—
way #7, and described as Lot No. 7, containing 2.820 acres on the
plat and dedication of "Ash Hollow Industrial Park" Subdivision,
of record in the Clerk's Office of the Circuit Court of Frederick
County, Virginia, in Deed Book 495, commencing at page 282.
Reference is here made to said Industrial Park for a more particu-
lar description of the lot herein conveyed and of the easements
and other conditions therein set forth.
This conveyance is made subject, however, to all rights
of ways, easements and/or conditions of record, if any,
affecting the aforesaid realty.
The Grantors hereby reserve a ten (101) foot easement
along the front of said Lot N7 abutting the Sixty (601) foot
right of way shown on said plat for the purpose of public
utility services.
The Grantees agree that any road entrance necessary for
ingress and egress from the Sixty (601) foot right of way shown
on said plat and said'Lot No. 7 will be constructed according
to State specifications.
J. Randolph Larrick, sole acting trustee, Walter C. Erwin,
III, sole acting trustee, and the Farmers and Merchants National
Bank of Winchester, Virginia, join in this deed to release said
lot from the liens of those certain deeds of trust dated
3
139
LAHoumT. AMOIiHNON.
LAHHICK * GHO�'60
.,..move AT "or
NIMCMiet•q. VIMUIMIA
�139
October 26, 1976 and January 3, 1978, and recorded respectively
in said Clerk's Office In Deed Book 465, page 773 and Deed Book
485,,page 710, but retaining a lien on the plat of said land
described in said deeds of trust.
WITNESS the following signatures and seals:
DENN
By' (SEAL)
Denn s Cole, Pre ident
Mildred C le, Secre ary(SEAL)
Denn s A (SEAL)
SEAL)
SEAL)
0-.� �. ✓ l C. L(� (SEAL)
M rianne H. Zeig r
s
I r ( (SEAL)
man o p rr c , TrUTUee
'-tL—(SEAL)
'alter C. Erwin, II , Trustee
FARMERS AND MERC S TIONAL BANK
STATE OF VIRGINIA: By. - 1L-
COUNTY OF FREDERICK, to, -wit : S' If �C��• s 1
a Notary Public in and for the
County and State aforesaid do hereby certify that Dennis T. Cole
and Mildred F. Cole, his wife, individually and as President and
Secretary of Denny's Inc., whose names are signed to the foregoir
instrument, bearing date the
day of November, 1978, have
personally appeared before me in my County and State aforesaid
and acknowledged same. Given under my hand this t~
day of
November, 1978.
My commission expires
Not y u c
2
4o �n
LA ROENT, ANDSRBO N,
11
LARRICK & GROVSB
ATT011NKT• AT LAM
WINCHtOTXH. V11101N'A
STATE OF VIRGINIA:
COUNTY OF FREDERICK, to -wit:
IV da17 , a Notary Public in and for the
County and State aforesaid, do hereby certify that Robert F.
Zeigler and Marianne H. Zeigler, his wife, whose names are signed
to the foregoing instrument, bearing date the e ab day of
November, 1978, have personally appeared before me in my,County
and State aforesaid anc acknowledged same.
Given under my hand this V_� day of November, 1978.
My commission expires
No ary Public
STATE OF VIRGINIA:
COUNTY OF FREEDERICK, to -whit:
is l ,(� 'L�r L�cM 0 , a Notary Public in and for
the County and State aforesaid, do hereby certify that J. Randolph
Larrick, Trustee, whose name is signed to the foregoing instru-
ment, bearing date the 940 day of November, 1978, has personally
appeared before me in my County and State aforesaid and
acknowledged same.
Given under my hand this 5day of November, 1978.
My commission expires(F
r
"otary is
STATE OF VIRGINIA:
COUNTY OF FREDEERICK, to -wit:
')S , a Notary Public in and for
the County and State aforesaid, do hereby certify that Walter C.
Erwin, III, Trustee, whose name is signed to the foregoing instru-
ment, bearing date the 61t) day of November, 1978, has personally
appeared before me in my County and State aforesaid and acknow-
ledged same. Given under my hand this day of November, 1978.
;dy commission expires —+ kj)!Ik'/�)�?C t : )(W
- 3 -
c2 �Xcz Z . L CG4-'C Ili, (,-)
Notary Public
LAR06NT. r\NU6RHON. II
LAHAICR Q GHOt•8S I
wrruwwKTO wr uw
M.wrNUSTtw. V10011,
B,C ut ��r
ul .t
STATE OF VIRGINIA:
COUNTY OF FREDERICK, to -wit:
I'' �C_ ` mil. , a Notary Public in and
for the County and State aforesaid do hereby certify that
LI)2 who is CI-Vdo;. Vit P ; ( �rrof the
N�
Farmers and Merchants National Bank of Winchester, Virginia, has
personally appeared before me in my County and State aforesaid
and acknowledged same.
Given under m hand. this E
day of November, 1978.
My commission expires / q
'L4" L LLdCL f'b
tary ubl c
1' .:s CAI v,'i,rz..g w'16 ploduoe_4 to ma on tie
. i;j W.i.�: C•:riui.:1.J tJt GJK.i �:�i ,:� na.�t t!v�r;�t� �.lAi 1 .
. .r .;i...••i to j11
anc; J .r-J i huvu bcen p„id, 'h c�
- 4 -
i
'i251
.)MS/slm
,1/7/80
I VIRGINIA: IN THE CIRCUIT COURT OF FREDERICK COUNTY
GEORGE W. GLAIZE, JR.
CAROLYN GLAIZE,
Petitioners
I v.
In Chancery No. 6292
P R A E C I P E
I FREDERICK COUNTY BOARD OF ZONING APPEALS,
�G Defendant
1 The Clerk is respectfully requested to place the
above styled cause on the docket for the Motions Day of the
i
Court to be held on the 8th day of May, 1980 for the following
I purposes:
Pre-trial Conference. _
Argument on Pleadings.X (Re Temporary Restraining
Order and Writ of Certiorari)
i
Entry of Order, etc.
i
Motion.
Other,.
Counsel's estimate of time required. Fifteen minutes
Dated this llth day of April, 1980.
r- !
Doug-atDoug-Iat M. S iafendant
,� Jr.,
Counsel for
Douglas M. Swift, Jr.
WILLIAMS AND SWIFT
�f 36 South Cameron Street
Post Office Box 242
Winchester, Virginia 22601
Counsel for Defendant
I hereby certify that a true and correct copy of the
foregoing Praecipe was mailed or delivered to Benjamin M. Butler,
Esquire, McKee and Butler, 11 South Cameron Street, Winchester,
Virginia, 22601, Counsel for Petitioners, this j/"` day of
April, 1980.
Dougl s M. Jwlft, Jr.
!!' -2-
i!
{
f-
Ptyax#rtQu# of jjlnuniug nub p6dvyrun#
P. 0. Box 601
JOHN RILEY 9 COURT SQUARE
PLANNING DIRECTOR WINCHESTER, VIRGINIA 22601
November 27, 1979
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNERS
The Application of: Robert F. & Marianne H. Zeigler
Variance for: A 4.2 inch front yard variance for the setback of an
_ existing building.
The Variance request will be considered during the Frederick County Board
of Zoning Appeals meeting on December 18, 1979 in the Board of Supervisors'
Meeting Room, 9 Court Square, Winchester, Virginia, at 3:25 p.m.
Any interested parties having questions or wishing to speak, may attend
this meeting.
Sincerely,
ohn R. Riley, D' ector
JRR:bjs
cc: Mr. Stan Pangle, Interim County Administrator
703/662-4532
To
Attn
(1-11711)
HOWARD 1 HOCKEY Fs !Of. U IM.
General Contracting, Design, Construction Management
P. O. Box 2530 / Winchester, Virginia 22601 / Phone (703) 667-7700
Date %/ /2- 6127
7-1
Project: /°` A'
Subject: o"(/cPam(' 7e
We are forwarding: ❑ under separate cover Xc Drawings
herewith ❑ Shop Drawings
El
COPIES
DRAWING NUMBER
COMPANY
DESCRIPTION OR TITLE
%
keV V Y/2'�/7, o� ,
� r
t'or I�i^I err, c�
✓fire t-n �l
4� r/1" r ` W 'y rd //,�� j 7 `1- ~5"11, QcC !a Ji l e
Remarks
lice
Which are: ❑ Submitted for your approval
❑ Returned for correction and resubmission
❑ Approved with corrections noted
bdFor your files
o�
❑ Approved for construction
❑ Proceed with fabrication and forward to us prints for our file and field use
El
Very truly yours,
HOWARD SHOCKEY & SONS, INC.
Bye^
Member Associated General Contractors of America .
ROBERT F. ZEIGLER, INC.
RECEIVED DEC t�)
AIR CONDITIONING SPECIALISTS
� 1 I
26 W. LONGMEADOW ROAD
HAGERSTOWN, MD. 21740
301-733-6695
December Q, 1979
Frederick County
Department of Planning and Development
P. 0. Box 601
9 Court Square
Ninchester, V.. 22601
ATTN• Mr. John R. Riley, Director
RE,: Robert F . `Zeigler
$400,000.00 Industrial Development Revenue Bond Loan
Centlemen:
Your letter of 11/27/79 has been received and we will
have a representative of Howard Shockey & Sons, Inc.
present to represent the owners for the mooning Appeals
meetinn scheduled for December 181 1979 at 3:25 p.m.
Your consideration and approval of this request for a
setbac'c variance is appreciated.
RFZ/jn
COOLING - HEATING - VENTILATION - AIR POLLUTION CONTROL - REFRIGERATION
Pepartratitt of 111anniaB and
JOHN RILEY
PLANNING DIRECTOR
December 19, 1979
Mr. & Mrs. Robert F.*Zeigler
2220 Hickory Hill Road
Hagerstown,' Maryland- 21740
.Dear Mr. & Mrs. Zeigler:
P. 0. Box 601
9 Couwr SQUARE
WINCHE:STER. VInGINIA 22601
This letter is being written to advise you of the Board of
Zoning Appeals action regarding your property known as Lot 7,
Ash Hollow Industrial Park.
The Board unanimously approved your request for a ..42 foot
front yard variance.
If this office can be of any further assistance to you,' please
do not hesitate to contact us.
Sincerely,
John R. Riley, irector
JRR: bj s
cc: Mr. Stan Pangle, Interim County Administrator*
Mr. Fred Showalter, Howard Shockey & Sons
I
703/062-4532