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Home My WebLink About04-96 Verlo V Cutshaw - Stonewall - Backfile• a 6Z A RECEIPT Date 19 CASH 0024906 �. Received From ~' o. Address `1 Dollars $ For 05 ' d.. � ov II z § a AMT OF ACCOUNT CASH AMT. PAID CHECK BALANCE MONEY DUE ORDER jBy COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 MEMORANDUM TO: Finance Department FROM: Beth Ann Hall, Clerk Typist III SUBJECT: Return Of Sign Deposit DATE: June 20, 1996 The amount of $25.00 was deposited in line item #10-1911-08 for Allied Wood Products, Inc. (Verlo V. Cutshaw), variance application #004-96 sign deposit fee. The applicant has returned the sign and is therefore entitled to the return of their deposit. Please send a check in the amount of $25.00 to: Allied Wood Products, Inc. c/o Verlo V. Cutshaw P.O. Box 2337 Winchester, VA 22604 Please contact me if you have any questions. RSA/bah 107 North Kent Street - Winchester; Virginia 22601-5000 =r.! June 19, 1996 Mr. Verlo V. Cutshaw 2546 Martinsburg Pike Winchester, VA 22603 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 RE: VARIANCE APPLICATION #004-96: VERLO V. CUTSHAW Dear Mr. Cutshaw: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of June 18, 1996. The Board of Zoning Appeals approved your application for a 14' side yard setback variance for a warehouse/storagebuilding with the condition that you will provide a six-foot high wooden stockade fence and pine trees every eight feet on center between the fence and the adjoining property line. If you have any questions regarding the approval of this application, please feel free to call this office. Sincerely, Michael T. Ruddy Planner I MTR/cg 107 North Kent Street • Winchester. Virginia 22601-5000 • BZA REVIEW DATE: 5/21/96 & 6/18/96 .VARIANCE #004-96 VERLO V. CUTSHAW LOCATION: The property is located at 2546 Martinsburg Pike, about four miles north of Winchester on the east side of Martinsburg Turnpike. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-50 PROPERTY ZONING & USE: Zoned M1 (Industrial Light) District; Land use -Manufacturing ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential VARIANCE: A 14' side yard setback variance for a warehouse/storage building REASON FOR VARIANCE: An existing service road, fire hydrant and overhead dust collection pipe restricts the size and location of the structure in which the applicant proposes to build. STAFF COMMENTS: This application was tabled at the previous meeting. In review, the applicants are requesting a 14- foot side yard variance to construct a warehouse/storage building. A 25-foot side yard setback is required within the Ml (Light Industrial) zoning district. This variance would allow them to locate the building 11 feet from the property line. Current conditions on the piece of property limit the space in which a building could be located. These conditions include existing buildings, a paved access road, parking areas, and an overhead dust collection pipe that traverses the property. The proposed location of the building may be the only practical place to build the structure. However, staff believes that these conditions do not unreasonably prohibit the use of the property and a clearly demonstrable hardship approaching confiscation does not exist. According to the Code of Virginia, Section 15.1-495. 2., no variance 0 • Verlo V. Cutshaw Page 2 can be authorized by the Board unless the strict application of the zoning ordinance would produce an undue hardship. The inability to put the property to its most profitable use does not constitute undue hardship. The applicants stated in their application that they would provide screening against the adjoining residential property in the form of a six-foot high wooden stockade fence and pine trees every eight feet on center between the fence and the adjoining property line. This would reduce the impact of the building on the adjacent property. Should the Board grant this variance, it would be appropriate to include this voluntary screening as a condition of the variance. At the previous Board of Zoning Appeals meeting, this variance application was tabled to research the possibility of locating the building on an adjoining property or rezoning the adjoining property. The owner has stated that these options would be unfeasible at the current time. The Board of Zoning Appeals should consider only the property on which the building is proposed to be located. STAFF RECOMMENDATION: Asa clearly demonstrable hardship approaching confiscation of the property does not exist, staff s recommendation is for denial. page 1 of 5 0 APPLICATION FOR IN THE COUNTY OF FREDERIC] MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner X other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Verlo V. Cutshaw NAME: Allied Wood Products,T_nc. ADDRESS 1984 Martinsburg Pike ADDRESS: P.O. Box 2337 Winchester,VA 22603 Winchester, VA 22604 TELEPHONE: 540-662-8310 TELEPHONE: 540-662-7426 3. The property is located at (give exact directions and include State Route numbers): In Stonewall Magisterial DistrictFrederick County, VA About 4 miles north of Winchester on the east side of Martinsburg Turnpike. ra514(- Har+lpisb !. 5 fi�Q 4. The property has a road frontage of - 191.68 feet and a depth Of r'IE hl feet and consists of 3.58 acres. (please be exact) 5. The property is owned by as evidenced by deed from Harrg S_ gPnner recorded (previous owner) in deed book no. 307/797 on page 685/1084 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. page 2 of 5 6. Magisterial District: Stonewall 7. 14-Digit Property Identification No.: 440000A0000500 8. The existing zoning of the property is: Ml 9. The existing use of the property is: Manufacturing 10. Adjoining Property: USE ZONING North Residential a1 RA East Varant. T,nt RA South RPCI r3Pnti al RA West RPsich-nt.ial RA 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.") A 14, side property line variance for a warehouse/storage building. 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 An existinx service road, fire hydrant, and overhead dust collection pipe restricts the size structure in which we propose to build. 13. Additional comments, if any The variance we are applying for is the only practical place to build proposed structure. We will put in place a buffer screen against adjoining property consisting of a 6' tall wood stockade type fence and pine trees every 8' on center between fence and adjoining property line to present a pleasing appearance. 1] r, Page 3 of 5 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: (Please list complete 14- digit property identification number) NAME Easy Living Assoc. O'Connell, Antonia E. Ann H. Simmons Sirbaugh,William A. Shanholtzer, Arnold J. Dorothy Bolyard Winchester Pentecostal Holiness Church Cutshaw Verlo Cutshaw Enterprises LC Cutshaw Verlo & Aileen •Aaaress 2489-3 Martinsburg Pike 44, Property ID# Stephenson,VA 22656 •Address 2537 Martinsburg Pike 44B Property ID# Stephenson,VA 22656 Address C/O Ann Ballard P.O. Box 324 Property ID# Stephenson,VA 22656 Address 2547 Martinsburg Pike 44B Property ID# Sfephenson,VA 22656 Address--- 2518 Martinsburg Pike Property ID# 4 Stephenson,VA 22656 Address P.O. Box 351 44000OA000050A Property ID# Stephenson,VA 22656 •Address C/o Verlo Cutshaw 1984 Martinsburg Pike Property ID# Winchester, VA 22603 Addrds:;- -- 1984 Martinsburg Pike Property ID# Winchester, VA 22603 Address 1984 Martinsburg Pike Property ID# Winchester, VA 22603 Address 1984 Martinsburg Pike Property ID# Winchester, VA 22603 Address operty ID 44000OA0000510 44000OA0000540 10 -r T it ; JQ 1— vie Napo j 1 -A 0Q�, M PAIN .. . st Will =0 FI,-W all v OYS A too 7 PAZ g, Vo !"fill - e p�pE 7 f EN P.O e I 44 s(O :ono LNG 3 m H% YO 3 cl P'leD �KchG i F•,( 94 Est°yes? lm'- 254G-9 MarUm-bu;i; Pi �;, Stephenson, VA 228!:3 Allied Wood Products, Inc. Route 11, North — P.O. Box 2337 -- Winchester, VA 22604- Telephone (3=34 662.7426 _ - I FAX (7= 722-4374 l June 4, 1996 To the Board of Zoning Appeals: We the undersigned neighbors of Allied Wood Products,Inc. do hereby show by the signing of this statement that we do not object to and are in favor of their request for a variance on their property. MANUFACTURERS OF QUALITY STAIR PARTS BZA REVIEW DATE: 5/21/96 VARIANCE #004-96 VERLO V. CUTSHAW LOCATION: The property is located at 2546 Martinsburg Pike, about four miles north of Winchester on the east side of Martinsburg Turnpike. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-50 PROPERTY ZONING & USE: Zoned MI (Industrial Light) District; Land use -Manufacturing ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential VARIANCE: A 14' side yard setback variance for a warehouse/storage building REASON FOR VARIANCE: An existing service road, fire hydrant and overhead dust collection pipe restricts the size and location of the structure in which the applicant proposes to build. STAFF COMMENTS: The applicants are requesting a fourteen (14) foot side yard variance to construct a warehouse/storage building. A twenty-five (25) foot side yard setback is required within the M 1 (light industrial) zoning district. This variance would allow them to locate the building eleven (11) feet from the property line. Current conditions on the piece of property limit the space in which a building could be located. These conditions include existing buildings, a paved access road, parking areas, and an overhead dust collection pipe that traverses the property. The proposed location of the building may be the only practical place to build the structure. However, staff believes that these conditions do not unreasonably prohibit the use of the property and a clearly demonstrable hardship approaching confiscation does not exist. According to the Code of Virginia, Section 15.1-495.2., no variance can Allied Wood Products, Inc. Route 11, North — P.O. Box 2337 — Winchester, VA 22604- To the Board of Zoning Appeals: Telephone (V34 662 - 7426 FAX (7-09) 722-4374 4-0 June 4, 1996 We the undersigned neighbors of Allied Wood Products,Inc. do hereby show by the signing of this statement that we do not object to and are in favor of their request for a variance on their property. _ Pk- 7 MANUFACTURERS OF QUALITY STAIR PARTS Verlo V. Cutshaw Page 2 be authorized by the Board unless the strict application of the zoning ordinance would produce an undue hardship. The inability to put the property to its most profitable use does not constitute undue hardship. The applicants stated in their application that they would provide screening against the adjoining residential property in the form of a six (6) foot high wooden stockade fence and pine trees every eight (8) feet on center between the fence and the adjoining property line. This would reduce the impact of the building on the adjacent property. Should the Board grant this variance, it would be appropriate to include this voluntary screening as a condition of the variance. STAFF RECOMMENDATION: Asa clearly demonstrable hardship approaching confiscation of the property does not exist, staff s recommendation is for denial. _.� _ �' -� �'� � + � tii�•� ♦� t 9 1? .� � ��.� a r o COUNTY of FREDERICK U Department of Planning and Development W ® 540/665-5651 1738 FAX: 540/ 678-0682 MJrificArION Or PUBLIC ;-SEARING, May 7, 1996 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) R& THE APPLICATION OF VERLO V. CUTSHAW, VARIANCE #004-96 On behalf of the Frederick County Board of Zoning Appeals, you, are hereby notified of a public hearing to be held on May 21, 1996, at 3:25 p.m., in the board room of the Old Frederick County Courthouse in Winchester, Virginia. This hearing is to consider a request by Verlo V. Cutshaw for 14' side yard setback variance for a warehouse/storage building (Allied Wood Products, Inc.) The property is located in an M1 (Light Industrial) Zoning District at 2546 Martinsburg Pike and is identified with Property Identification Number 44-A-50 in the Stonewall Magisterial District. Any interested party may attend this meeting to speak for, or in opposition to, the request. You may contact this office to have questions addressed. Sincerely, Michael T. Ruddy / Planner I MTR/cg 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify tha*Department e attached correspondence was iled to the following on May 7, 1996 from of Planning and De 4 pment, Frederick County, Virginia: MR. VERLO V. CUTSHAW 1984 MARTINSBURG PIKE WINCHESTER, VIRGINIA 22603 ALLIED WOOD PRODUCTS, INC. PO BOX 2337 WINCHESTER, VIRGINIA 22604 EASY LIVING ASSOCIATES 2489-3 MARTINSBURG PIKE STEPHENSON, VIRGINIA 22656 ANTONIA E. O'CONNELL 2537 MARTINSBURG PIKE STEPHENSON, VIRGINIA 22656 MS. ANN H. SIMMONS C/O ANN BALLARD P.O. BOX 324 STEPHENSON, VIRGINIA 22656 MR. WILLIAM A. SIRBAUGH 2547 MARTINSBURG PIKE STEPHENSON, VIRGINIA 22656 MR. ARNOLD J. SHANHOLTZER 2518 MARTINSBURG PIKE STEPHENSON, VIRGINIA 22656 MS. DOROTHY BOLYARD P.O. BOX 351 STEPHENSON, VIRGINIA 22656 WINCHESTER PENTECOSTAL HOLINESS CHURCH P.O. BOX 52 STEPHENSON, VIRGINIA 22656 Michael T. Ruddy, Planner I Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, &� A . f Ial I a Notary Public in and for the state and county aforesaid, do hereby certify that Michael T. Ruddy, Planner I for the Department of Planning and Development, whose name is signed to the foregoing, dated (Y1�,� -1 . l `1�, has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this �th day of f 1 )��, My commission expires on 0 Y PUBLIC- I Eli Q 4 91 G 13 3 5 ReaAcut,h,w.« JRL:rol 11/14195 THIS DEED made and dated this � day of November, 1995, O, V by and between AILEEN I. CUTSHAW and V. V. CUTSHAW, her husband; and VERLO V. CUTSHAW (being one and the same as V. V. Cutshaw) t/a ALLIED WOOD PRODUCTS, of the one part, o hereinafter called the Grantors; and, CUTSHAW ENTERPRISES, N N L.C., of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of M N N Ten Dollars ($10.00), and other good and valuable 0 o u) consideration, the receipt of which is hereby acknowledged, o r. the Grantors do hereby grant and convey unto the Grantee, in ..14 a 3 fee simple, with General Warranty and English covenants of N rn title, the following: v ty 'd Parcel One: All of that certain tract or parcel of land, together with the rights, rights of way and appurtenances rn thereto belonging, lying and being situate in Stonewall y Magisterial District, Frederick County, Virginia, about four 0 miles North from Winchester on the East side of Martinsburg Turnpike and more particularly described in that certain deed N conveying said property to V. V. Cutshaw, dated February 10, 1965, of record in the Clerk's Office of the Circuit Court of u Frederick County, Virginia, in Deed Book 307, Page 685 and d that certain deed conveying a one-half interest in said j< property to Aileen I. Cutshaw, of record in said Clerk's office in Deed Book 797, Page 1084. c Parcel Two: All that certain tract or parcel of land, R 3 together with the rights, rights of way and appurtenances P+ thereto belonging, lying and being situate on the Southeast side of U.S. Highway No. 11 about four and one-half miles 0 Northeast of the City of Winchester, in Stonewall Magisterial Z-K District, Frederick county, Virginia, containing 9.97 acres, more or less, and being the same property conveyed to V. V. Cutshaw by deed dated May 25, 1967, of record in said Clerk's Office in Deed Book 332, Page 346 and that certain deed conveying a one-half interest in said property to Aileen I. Cutshaw, of record in said Clerk's Office in Deed Book 797, Page 1086. 1 • y r GK343"G 1336 Parcel Three: All that certain lot or parcel of land situate i Stonewall Magisterial District, Frederick County, Virginia, about one mile South of Stephenson and four miles from Winchester, being a triangular parcel of land, more particularly described by deed of record in said Clerk's Office in Deed Book 313, Page 47, conveying said property to Verlo V. Cutshaw, t/a Allied Wood Products. Reference is made to the aforementioned deeds for a more particular description and derivation of title. This conveyance is made subject, however, to all rights, rights of way, restrictions and easements of record, affecting the aforesaid property. This Deed is exempt from state recordation tax by $58.1- 811(13), Code of Virginia (1950), as amended. WITNESS the following signatures and seals: �/_ (r.a7`d%/.r.✓ (SEAL) A' i/lee/n I. Cutshaw V. V. _.a a. (SEAL) V. V. Cutshaw (SEAL) Verlo V. Cutshaw t/a Allied Wood Products COMMONWEALTH OF VIRGINIA „AT -LARGE, CITY/2eHNTY OF /t)i ,,r_ ��,��, to -wit: The foregoing instrument was acknowledged before me this Zpw► day of Y1ezL1rxA6V , 1995, by Aileen I. Cutshaw and V. V. Cutshaw, her husband. My commission expires 36 1 hlI 04AU F 000NTY, OCT. Notary P bl c I-aMv of .i.. p�oa 10 OS/A+'�e on ' day of i tt MAD, with cart"- to c acknowledgment thoroto annor.ed a tax Inpo6od bj Sec. 58.1•E02 01 geld 8&1 Mel been paid. M aeeeeeable. c, Clack # I COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 NOTIFICATION OF PUBLIC.HEARING June 4, 1996 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: THE APPLICATION OF VERLO V. CUTSHAW, VARIANCE #004-96 (TABLED FROM THE MAY 21, 1996 MEETING) On behalf of the Frederick. County Board of Zoning Appeals, you are hereby notified of a public hearing to be held on June 18, 1996, at 3:25 p.m., in the board room of the Old Frederick County Courthouse in Winchester, Virginia. This hearing is to consider a request by Verlo V. Cutshaw for 14' side yard setback variance for a warehouse/storage building (Allied Wood Products; Inc.) The property is located in an M1 (Light Industrial) Zoning District at 2546 Martinsburg Pike and is identified with Property Identification Number 44-A-50 in the Stonewall Magisterial District. Any interested party may attend this meeting to speak for, or in opposition to, the request. You may contact this office to have questions addressed. Sincerely, Michael T. Ruddy Planner I INFIN,.,_ 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that attached correspondence was m ed to the following on tD,y _G W from th epartment of Planning and Deve�nent, Frederick County, Virginia: EASY LIVING ASSOC. 2489-3 MARTINSBURG PIKE STEPHENSON, VA 22656 PIN 4413-10-60 ANTONIA E. O'CONNELL 2537 MARTINSBURG PIKE STEPHENSON, VA 22656 PIN 4413-10-70 DOROTHY BOLYARD P.O. BOX 351 STEPHENSON, VA 22656 PIN 44-A-50A WINCHESTER PENTECOSTAL HOLINESS CHURCH C/O VERLO CUTSHAW 1984 MARTINSBURG PIKE WINCHESTER, VA 22603 ANN H. SIMMONS PIN 4413-10-80 VERLO CUTSHAW C/O ANN BALLARD 1984 MARTINSBURG PIKE P.O. BOX 324 WINCHESTER, VA 22603 STEPHENS, VA 22656 PIN 44-A-51 WILLIAM A. SIRBAUGH 2547 MARTINS BURG PIKE STEPHENSON, VA 22656 PIN 4413-10-8A ARNOLD J. SHANHOLTZER 2518 MARTINSBURG PIKE STEPHENSON, VA 22656 PIN 44-A-49 Michael T. Ruddy, Plan r I Frederick County dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, -i73eth mo Hal i , a Notary Public in and for the state and county aforesaid, do hereby certify that Michael T. Ruddy, Planner I for the Department of Planning an//d,�,Development, whose name is signed to the foregoing, datedJu ne LA(q 9 L0 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this dth day of June , )CR6 My commission expires on I ( Z ----NOTARY PUBLIC