HomeMy WebLinkAbout08-96 Leonard C Ellis Jr - Stonewall - Backfile (2)hL
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
MEMORANDUM
TT. Finance Department
FROM: Karen A. Clark, Receptionist/Clerk Typist 11
SUBJECT: Return Of Sign Deposit
DATE: February 27, 1997 ) r�
The amount of $25.00 was deposited in line item #10-1911-08 for the business named below as a
deposit for a sign for Variance #008-96, They have now returned the sign and are therefore entitled
to the return of their deposit. You may pay this through the regular bill cycle.
Please send a check in the amount of $25.00 to:
Ebert & Associates
35 West Boscawen Street
Winchester, VA 22601
Please contact me if you have any questions.
RSA/kac
I
107 North Kent Street Winchester, Virginia 22601-5000
COUNTY of FREDERICK .
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
June 19, 1996
Mr. Leonard C. Ellis, Jr.
P.O. Box 88
Stephenson, VA 22656
RE: VARIANCE APPLICATION #008-96: LEONARD C. ELLIS, JR.
Dear Mr. Ellis:
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 47' front yard setback variance for
self-service storage units.
If you have any questions regarding the approval of this application, please feel free to call this
office.
Sincerely,
/1ituluu%�7-f�
Michael T. Ruddy
Planner I
MTR/cg
107 North Kent Street •'Winchester, Virginia 22601-5000
BZA REVIEW DATE: 6/18/96
VARIANCE #008-96
LEONARD C. ELLIS, JR.
LOCATION: The property is located at the intersection of Stephenson Road (Rt. 664) and Old
Charles Town Road (Rt. 761).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER'S: 44-A-172 and 44-A-173
PROPERTY ZONING & USE: Zoned M1 (Light Industrial) District; Land Use - Self -Service
Storage Facility
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use -
Residential
VARIANCE: A 47' front yard setback variance for self-service storage units
REASON FOR VARIANCE: The shape of the property restricts configuration of units.
STAFF COMMENTS:
Within the M1 (Light Industrial) zoning district, the front setback requirement is 75 feet. The
applicant is proposing to build three self-service storage units 28 feet from the property line. To do
so would require a 47-foot variance. This variance would place the units at the same setback as
existing self-service storage units on the property and provide the applicant with space to build the
self-service storage units.
As existing buildings on the property have a front setback of 28 feet, staff believes it would be
appropriate to grant a variance allowing the proposed units to be located at the established setback.
STAFF RECOMMENDATION: Approval.
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Variance #008-96 PIN: 44—A-172/173
Leonard C. Ellis, Jr.
page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
riance Appsicazion rya: ;:.:.><>:sattat"Deadline
bmittal Date : 76 <..the.:'meetincx:.: of
✓ yes
initials:
Sign Return Date:
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner other (Check one)
2. APPLICANT:
OCCUPANT: (if different)
NAME:GLlS, G�On1�9�o G.,JR, NAME:
ADDRESS PC. 3-D K ADDRESS:
D s b
TELEPHONE:
TELEPHONE:
3. The property is located at (give exact directions and include
State Route /numbers):
.SgA3 EcT iRo o EeTY r s 4oc4rED . 0JU i .yE AJOX7W"4 Y SIDE
n r V/1i .
/�o u i g
cS��
i9 I T /NTE�PS CTia�J or'- VA.
�k'01_4_17__
�4 4^30
76/.
4. The property has a road frontage of 6'%1 feet and a depth
of BqO feet and consists of y, zii acres. (please be
exact)
5
The property is owned by 4EcwARD �LLi T,e
as evidenced by deed from recorded
(previous ownat)
in deed book no. $ 7% on page j 0 _ of the deed
books of the Clerk of the Court for Frjnrleril5k�4pu ty.y Attach
a copy of the deed. ,,�p`l� _ ��"
page 2 of 5
6. Magisterial District: STo�►c WAGG �is7'h'!c T
7. 14-Digit Property Identification No.: 44 -,,4 - / 7 Z
8. The existing zoning -"of the property is: Jv1 )
9. The existing use of the property is: ,SFf'-_skewc,E .57b44C--' f-gG,z.rrY
10. Adjoining Property:
USE ZONING
North _Z_ �e-► 41L- EA
East ae' 13A
South
West
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.")
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
_Z>WA1I?C or` ��� `(' TZ� S't s? \CT S 1--2"Ja- C7VAaA'C10
CDC V Yv MS
13.
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
Dt�-I
Vo e o R.5� 'UAMCO D yKF,
tiaaress R o,
f��4Rt7�7►1, /SA'f .CI�t-,/,�,eD property IDS
Aaaressp
(,J/n1GNESj�K GIN GL(. S
Property I
Box 55Z,o
t YuI'�.LE, VA. ZZ e l I
/3OX 7 7 3, -5772;EIS---J, VA. Z zGS6
--44 -A -f -7 OA
'Ox -zo I Z. W/•vc HFs 2i UFI.
.4.4 -A - 1-70 3
Address
f%/
/4 L.) ILL//}�'�-j /4, d^ Ste/ 'i�/�E/USoN, 1/9. ZZi�$�e
Property ID#
44 -A - i 74-
Address
p a • ice 7—%
Property ID#
Aaaress
Property
ID
Address
Property
ID
Address
Property
ID
Address
Property
ID
Address
roperty ID#
ddress�
Property ID
.Page 4 of 5 • •
15. Provide a sketch of the property (you may use this page).
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.
Adjoining Prooerty YOUR PROPERTY k4oining Property
v
�
t
d
r
�Addi'
$
Pmo ert Line
i
----------------- - - -- -=Center of Road
RoadSHOW
THESE MEASUREMENTS
Page 5 of 5
VARIANCE #
AGREEMENT
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 statements and information
contained herein are, to the best of my knowledge, true.
SIGNATURE OF APPLI
SIGNATURE OF OWNER
(if other than app
-OFFICE USE ONLY-
TE Z4 rU.-( e") (o
ATE
BZA PUBLIC HEARING OF (d (oKCl 6 ACTION:
DATE -
IAPPROVAL
DENIAL SIGNED: n
11 BZA C AIRMAN
u <<
DATE:
c
TO: _.. DEED
LE016 C. ELLIS, JR.
SK579PG104 •
THIS DEED Of BARGAIM.AND BALE smade this Ind day of July,
:984, by and between SOUTHERN RANK! -(formerly southern Bank a Trust
�oapany),,Executor Under The Last Will and.Testament of Brady T.
Jilin, Deceased, and as Trustee Under An Agreement Dated May 14,
1971 (the "Grantor")l and LEONARD C. ELLIS, JR, (the "Grantee").
W I T N E 8 8 E T Hs
THAT for and in consideration of the sum of Ten Dollars
(010.00) cash in,hand paid and other good and valuable consideration
receipt of which is hereby acknowledged, the Grantor does hereby
;rant and convey with Special Warranty unto the Grantee an undivided
mo-halt interest in the propsrty'.desciibod on Exhibit A'attached
ioretc and made a part hereof.
This conveyance is made subject to restrictions, oovenants,
)onditions and easemestts of record, insofar as they may legally
sffoot the property hereby conveyed.
WITNESS the following signature and seals
sOUTHM BANE (formerly Southern Bank
a Trust Company, Executor Under The
.Last Will and Testament of Brady T.
Ellis, Deceased, and as Trustee Under
An Agreement Dated May 14, 1971.
BY
3lATs of VIIAIM r
GlY of ; TO -Wits
The foregoing instrument was aoknowledged before " this
day of. JdL y 1984, by 1✓w,�,�ip' ��JtwNlaet . ►C/1 /T.h ,
)f southern Bank, as executor Under the Last Will and Testament of
'K Ellis, Deceased, and.as Trustes'Under An Agreement dated
'say 71 '
Notary c
111rl Y cosmis�ioa iron on the day of A1,Y Wt$ ;
..... ... .....— �...•• �l , •',, • ..' `.1 ,1.'•ly''rbi �•II; •`Y�. ,1 .,1 Kt„•y( .y'•i SYl• 111, :. �1 •."" 11 1 '
•
Aft
4579�� 5 •
PARCEL I t
All that certain tract or parcal'of land, with all the
improvements thereon and appurtnenances thereunto''
belonging, lying and being located near Stephenson in
Stonewall Magisterial District, Frederick County, Virginia,
containing 5 acres, more or less, along the east side of
State Route 664 and adjoining the lands of Cline on the
south, east, north and west. .
PARCEL IIt
All that certain tract or parcel of'land, with all the
improvements thereon and appurtenances thereunto belonging,
lying and being 4n Stonewall Magisterial District, Frederick
County, Virginia, containing 4.211 acres, more or less, on
the'northern side of State Route 664, a short distance east
of Stephenson and about five miles north of Winchester.
LESS AND EXCEPT from the above two (2) parcels of land the part
or -parts of said parcels conveyed to the Commonwealth of Virginia
for highway improvements recorded in the Clerk's Office, Circuit
Court of Frederick County, Virginia, in Deed Book 432, page
719.
t •Being the same property conveyyed to Brady T.,Sllis, Or. and
Shirley C. Ellis, as tenants in common,•by deed .from Leonard
C. Ellis, Sr. dated March 5, 1976, and reoorded in the Clerk's
Office, Circuit Court of Frederick County,•Virginia, in Deed Book
455, page 765.' The said Brady T. Ellis died testate on January 3,
1982, and by his will, a copy of which was recorded in the aforesaid
Clerk's Office in Will Book 84, page 536, appointed Southern Bank
as Executor of his Estate, with full power -to sell real estate.
Southern Bank qualified as Executor of the Estate of Brady T,, Ellis,
'• '' at., Deceased.
hxGItNlAIRzDz&QC CJJ:Ifi, J%;.,.
T4is tnstsument of was psoduosd M, oa t� / /
: I day of 19 , at I ,
and with eertif)oa ledgment thereto anus Lod Nu
I ' admitted to r Tax bnposed by aso. N.A.1 of •' �
and 88.84 han bees P&A !f 'aw.wo►•• '
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.MEN
M�
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/678-0682
NOTIFICATION OF PUBLIC HEARING
June 4, 1996
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: THE APPLICATION OF LEONARD C. ELLIS, VARIANCE #008-96
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of 'a public
hearing to be held on June 18, 1*996, 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 Leonard C. Ellis, Jr.
for a 47' front yard variance for. self -storage units. The property is located at the intersection of Old
Charlestown Road (Rt. 761) and Stephenson Road (Rt. 664) in an M1 (Light Industrial) Zoning
District, and is identified with Property Identification Number's 44-A-172 and 44-A-173 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/bah
107 North Kent Street •. Winchester, Virginia 22601-5000
This is to certify t the attached'correspondence I*mailed to the following on
LI� • q(0 fro he Department of Planning and elopment, Frederick
County, Virginia:
Janice Dyke Vorous, et al Ray Edward Harden Winchester, Gun Club, Inc.
P.O. Box 273 P.O. Box 2012
RR3, Box 5520 p
Berryville, VA 22611 Stephenson, VA 22656 Winchester, VA 22604
William A. & Gail Haines Leonard C. Ellis, Jr.
541 Stephenson Road P.O. Box 88
Stephenson, VA 22656 Stephenson, VA 22656
Michael T. Ruddy, Planne I
Frederick County dept. o Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, Ee-h-) Ann Ha I I a Notary Public in and for the state and
county aforesaid, do hereby certify that Michael T. Ruddy, Planner Ifor the
Department of Planning and Development, whose name is signed to the foregoing,
dated �_�une _ IGq(D has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this �h day of � Jtjne
My commission expires on Febr-uan, @cl I9gq
RY PUBLIC