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COUNTY of FREDERICK
i Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
July 22, 1996
Davenport Insulation
Attn: Mr. Gary Dove
240 Lenoir Drive
Winchester, VA 22603
RE: VARIANCE APPLICATION #010-96: DAVENPORT INSULATION
Dear Mr. Dove:
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their
meeting of July 16, 1996. „
The Board of Zoning Appeals approved your revised request for a 5' (instead of 8') front yard setback
variance for an entrance to the existing building (instead of an addition).
If you have any questions regarding the approval of this application, please feel free to call this
office.
0
W. Waynerinistrator
Zoning A
WWM/cg
107 North Kent Street • Winchester, Virginia 22601-5000
BZA REVIEW DATE: 7/16/96
VARIANCE #010-96
DAVENPORT INSULATION
LOCATION: The property is located at 240 Lenoir Drive in the Stonewall Industrial Park.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 43-19-10
PROPERTY ZONING & USE: Zoned M1 (Light Industrial) District; Land use -Industrial
ADJOINING PROPERTY ZONING & USE: Zoned MI (Light Industrial) District; Land use -
Industrial
VARIANCE: An 8' front yard setback variance for an addition to the existing building
REASON FOR VARIANCE: 1) 2.5-acre site is smaller than most industrial sites and limits
development; 2) location of septic tank; 3) loading and unloading site constraints.
STAFF COMMENTS:
The applicant is requesting an 8' front yard setback variance to construct an addition to the existing
building 67' from the front property line. Within the M 1 (Light Industrial) zoning district the front
yard setback requirement is 75'. The applicant states three reasons why a variance is needed in this
situation. None of the reasons stated prove that a hardship approaching confiscation of the property
exists. The enclosed plat and photographs clarify that a hardship approaching confiscation does not
exist on the property.
The Code of Virginia, Section 15.1-495(2)(a) states that no variance shall be authorized by the board
unless it finds that strict application of the ordinance would produce an undue hardship approaching
confiscation. Staff believes granting this variance would be inappropriate as a demonstrable
hardship approaching confiscation does not exist.
STAFF RECOMMENDATION: Denial
onn 12 73
f
e McGhee Road4,3
2
t
45 44
0 0
page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
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: Davenport Insulation NAME: Same
ADDRESS 240 Lenoir Drive ADDRESS:
Winchester, VA 22603
TELEPHONE: 540-667-0109 TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
240 Lenoir Drive in Stonewall Industrial Park. From Route 661 enter
Stonewall Industrial Park on McGhee Road turn left on Lenoir Drive,
on ft*"&.rtc`h%
4. The property has a road frontage of 330 + feet and a depth
of 330 + feet and consists of 2.50 acres. (please be
exact)
5. The property is owned by Davenport Insulation of Winchester
as evidenced by deed from LENcaaz C;ni (3 'Apr"4 cF v;K�E +� recorded
(pr vious owner)
in deed book no. 498 on page 723 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: Gainesboro
7.
14-Digit Property Identification No.: 430000190000000000100
8. The existing zoning of the property is: M-1
M
The existing use of the property is: Industrial
10. Adjoining Property:
USE
North
Industrial
East
Industrial
South
Industrial
West
Industrial
ZONING
M-1
M-1
M-1
M-1
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.")
An 8' front yard variance for
an addition
to the
existing building.
,' 6`& Q
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y'-= VQ.
#AT T-
n
12. List specific reason(s) why the variance is being sought in
terms of:
exceptional narrowness, shallowness, gizmo or shape of
property, or
0.
exceptional topographic conditions or other extraordinary
situation or condition of property, or
the use or development of property immediately adjacent
thereto
1. 2.5 acre site is smaller than most industrial sites and limits
development. 2. Location of septic tank. 3. Lagding and unloading
site constraints.
13. Additional comments, if any
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
Lourain H. Lipscomb 225 Lenoir Drive, Winchester, VA 22603
c/o Lipscomb Rent Property ID# 430000190000000000050
Address
Everett G. Emerson 1437 Williams Drive, Winchester, VA 22601
Property ID# 430000190000000000080
rproperty
actress
Mildred R. Neubauer 4355 Pescadero Street, San Diego, CA 9210
c/o Richard J. Peki ID# 430000190000000000110
Roundball Associates Address 217 S. Washington Street, Winchester,
Property ID# 43000190000000000110 & 150
Industrial Development Address 5 - 52 Wa ney Road, Chantirry__,__7=
c/o Z&M Sheet Metal property ID#
,-Address-,-!
3 ba-(CDC) crccc:CRC
Property ID;
Address
Property ID
Address
Property ID
Address
Property ID
Address
-
Property ID
Address
-
-Property ID
Page 5 of 5
AGREEMENT
VARIANCE # 010- C16
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 APPLICANT
VA
.f
DATE (0 -
SIGNATURE OF OWNER DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF I �o 6 ACTION:
DATE -
APPROVAL /%� ej j+Af c
DENIAL SIGNED:
L� BZA GRAI N
DATE:
MAY 0; 9E 09: 49 MC EE BUO •
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SHEET i
,cc- 495 i3s
LENOIR CITY COMPANY OF VIRGINIA LOB'
SECTION 2
STONEWALL DISTRICT
FREJERICK COUNTY, VA.
100' 2.5 AC �4PRIti 20 1978
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APPROVED BYs f
FREDERICK COUNTY
Hoard Cf 5a,=e:1r134:a ;
.1
Planning commission ` " !.
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Subdivision Adninietrator �T�ATE7-13
VI-RGIKIA Dept. of Kighwsya „ „ i' :. �• DATE
q inpSTTFJEC^.° ?a iPFttOnaL Oa �i ,VINT, or, -1 f
IsnlvinUAl, :,01' BASIS as 74) T..� Lc-,Trn!;
SUPPLY QM 7.12 'Pt3 3
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Lord F'airf&x tle,alt! 171btri
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THIS DIVISION - AS APPEARS ON THIS PLAT IS WITH
THE FREE CONSENT MM IN ACCORDANCE WITH THE
DESIRES OF T:LS OWNER 09 AGENT.
LFF tit ��j
L FNrrrtrwA�'Y ��yR'Gl Alt
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I CERTIFY THAT THE LAND IN THIS DIVISION IS A
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PORTION OF LAND CONVEYeD TO LENOIR CITY CCXFANY
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DEED BOOK PAGE 235.
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The Accompanying :iat is a Survey Of a Potion Of the Land
conveyed to Lenoir City Cornpar.y of Virginia by Deed dated 1 January
1968 in Deed Book 344 Page 235. The said Portion fronts tha North-
western Boundary Lines of Frontage Road II - Lenoir Drive ('"he said
Road Extends kestvardly and 5outhwostwardly from Route 661), and
lies in Stonevall District, Frederick county, virainiar
Beginning at an iron pin (fount) lit tM Northwestern Boundary
Line of Lenoir Drivo, a corner to the 2 & M Associates Land, which
point is located by measuring X 490 301 32" rr - 187.69 ft., N 440 361
"' E - 151.28 ft., N 550 13- 11" 3 - 301.50 ft. and N 490 30- 32" E
5 ft. along tre Northwestern Boundary Lines from an iron pin in
j t•.... to n;.er Line of the Stream, a corner to the Crimta conveyance
i
(Deed Book 419 Page 622). running with the Northwestern Eoundary
Line :. 490 30- 32" E - 330.00 ft. to ar. iron pin Corner to the Re-
tained Fortions thence with the two following Linea of the said Other
! Land N 400 291 28" N - 330.00 ft. to an iron pint thence S 490 30'
= 32" x - 330.00 ft. to an iron pin in the Northeastern lino of the *aid
2 & H, Landt thence with the said Line 3 400 296 28" E - 330.00 ft.
to the beginning. �Llii �s
Containing - - 2.50 Acres. { Q) "{
surveyed - - - Apri1 20, !978-
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i his wri::ng was produced to ms ox t.1e y .
and with rtrtli.ac., ec. owhdggeat taarato aoao:jl .04
admitted :,i aj SLIC. 6J- 4. j J:
•� 3 r.� , and 5. -34 h&ve bona paid, if a .so able,
(..d-�; ��✓C'. clerk.
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AREA OF MINIMAI FLOODING
D.B. 608 - P. 144
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S 49. 30' 32" W - 330.00' +
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VA. ROUTE F-732
LENOIR DRIVE
THIS IS TO CERTIFY THAT ON SEPTEMBER 10,
1990, 1 MAOF AN ACCURATE SURVEY OF THE
PREMISES .JiOWN HEREON AND THAT THERE
ARE NO EASEMENTS OR ENCROACHMENTS
V!S!E?l E ON THE GROUND OTHER T�,(N THOSE
SHOWN HEREON.
TITLE REPORT NOT FURNISHED.
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y; DA VENPOR T INSUL A TION, INC.
Y `.: STONEWALL INDUSTRIAL PARK
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A� STONEWALL DISTRICT
1.498 FREDERICK COUN T Y
VIRCINIA
The accompanyinq Flat represents a Boundary Survey of. the
Laird conveyed to Davenport Insulation, Inc. by Deed dated 27
'._ pt.embr r 1978 in Deed Book 498, Page 723. The said Land fronts
�ht� Northwestern Boundary Line of Lenoir Drive, Va. Route
ai,d l i _> .c: :I'toliewal1 D,,.strict, Frederick County,
Virginia:
Beginning at an iron pin (found) in the Northwestern Line
of Lenoir Drive, a corner to the Z & M Associates Land; thence
with the said Line, N 49 30' 32" E - 330.00 ft. to an iron pin
(found), a corner to the Neubauer Land; thence with the two
following Lines of the said Land, N 40' 29' 28" W - 330.00 ft.
to an iron pin (found); thence S 49' 30' 32" W - 330.00 ft. to
an iron pin (found) in the Northeastern Line of the said Z b M
Associates Land; thence with the said Line, S 40' 29' 28" E -
330.00 tt.. to the beginning.
Containing: 2.500 Acres
nALLEN
Surveyed: 10 September 1990
4
MA`r' 07 '92 09:40 MCKEE BUTLFP P.
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{ !I L�VOIR. CITY CC. OF VA.
is ."0: ' _ DEED OF CORRECTION t 1.4
it DAVENFOR'1 INSULATION, INC.
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THIS DEED OF CoR;rCTIQN, made this1), rC day of
;r
1978, between Lenoir City Company of
Virginia, a Virginia corporation, of the one part, hereinafter
called the Grar.tor, and Davenport Insulation, Irc., a Virginia
corporation, of the other part, hereinafter called the Crantee.
WhZRL%S, by deed dated July 14, 1978, and racorded in the
Office of the Cleric Of the Circuit Court of Frederick County.
.rginia, in Deed Book 495, at Page 132, the Grantor herein
_-nveyod certain property lying and being situate in Stonewall
:'_gisccrial District, Frederick County, Virginia, to the
:ran:ee ^erein; and,
6&'.EiEA5, the proper nary+a of tie Grantor therein was
!j incorrectly stated as Lenoir City Company, a Virginia corporation;;
and, j
dHE,REAS, the Grantor dosires to correct said inaccuracy.
NOW, THER$FORZ, WITNESSETH: That the Grantor, by its
signacurc hereto, does hereby correct the name of the Grantor
cherein and acknowledges that the proper nano should be Lenoir
'City Co:rpany Of Vi:g=nia, a Virginia corporation.
WITNESS the following signatures and seals:
LENOIR CITY MTANY OF VlaGINIA
By enni�, p1�reeioent
STATe QF VIRG"INIA,
)rr�QF I r. i! ' ` TO -Witt
Notary Public in
and for the State and �✓ r! I- aforesaid, do certify
that Kenneth N. Gilpin, Jr., who`re name as ?residenc of
Lenoir City Company of Virginia, is signed to tha foregoing
MAY 07 ' 92 09 : 40 MCKEE & BUO
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writing, bearing data on the day of Jr1978,
peraonally appearad.bafore me this day in my saidl
and in the name and on behalf of the said Corporation, acknowledg;d
i
the said writing as the actland deed of the said Corporation,
and made oath that he is President of the said Corporation. ! j
Given under my hand this day of 1978.
My commission expires \ I���.• �-j �f
otary Public
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LEINOIR CITY CO.
.� TO: :: :: - DEED
r0 I• it !DAVENPORT INSULATION, INC.
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THIS DE£A, made this day of
11 2978. between Lenoir City Compaly, a Vir4nal
corporation, o£
`J �� �� the one part. hereinafter Called the Grantor, and Davenport ,
insulation, Inc., a Virginia corporation, of the ocher part,
k
hereinafter called the Grantee.
ihI=zSSE!1i; That for and in consideration of the sum of
r.l Q
Ten Dollars ($10.00), cash in hand paid and other valuable
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consideration, receipt whereof is hereby acknowledged. the
Grantor does grant and convey, with General warranty and with
English Covenants of Title, unto the Grantee. in fee simple.
together with all rights, rights of way, privileges and
appurtenances thereto belonging, all of that certain lot of
land lying to Stonewall Magisterial District, Frederick County,
Virginia, fronting along Lenoir Drive for throe hundred thirty
(330) feet, as shown on the attached plat and survey of Lee A.
Ebert. Certifiad Land Surveyor, dated April 20. 1978, containing
2.50 Acres; and being d portion of the land conveyed to the
Grantor herein by deed dated January 1, 1968, and recorded in
the Office of the Clark of the Circuit Court of Frederick
County, Virginia in Deed Book 344. at Page 235. A reference
to the aforesaid died and plat and to the references therein
contained,.is here made for a -further and more particular
description of the land hereby conveyed.
This conveyance is mode subject to the easements of
I record, if any, affecting the aforesaid realty, and to the
following covenants and restrictions, which are constituted
Ij covenants real to run with the land:
COVENANTS AND RESTRICTIONS
Property Line Set -Back ?teciuirements:
j 1. No builaing sha.l be co:�strueced upon any Site within
seventy-five (75) feet of tha' curb line of at' street n
_ 0
MAY 07 ' 92 09 : 41 i''1C EE ti BUTLER
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existence, or on a recorded map at the time of such construction
or within fifty (50) feet of any rear line ar within twenty-
five (25) feet of any ,side line, nor shall more than forty per
cent (407) of the area of any Site be covered by buildings.
2. With the required setback area from streets there
ahall be maintained on each Site only walks, paved driveway,
lawns and landscaping; and the surface of so much of the.
remainder of each Site as is not covered by buildings,
by lawns or by landscaping shall be treated so as to be
dust free. At least two-thirds (2/3) of the surface of the
required setback area from streets shall be maintained
in lawns or other landscaping.
3. No accessory buildings or other structures shall
be permitted within the required front, aide or rear yards.
with the exception of transformer pads or fire hose cabinets.
Parkin and Unloading Facilities:
4. No vehicular parking whatsoever will be permitted
on any street within the park. There shall be maintained on
each Site facilities .fox parking, materials loading and
unloading sufficient to serve the business conducted thereon
without using adjacent streets. All driveways and offstreet
parking areas shall be paved or treated in such a manner as
to be dust -free.
5. Employee Parking - At least one (1) parking space
(8'6" x 1.8'-0) with sufficient maneuvering space shall be
provided for each employee per shift, No parking shall be
allowed directly within the front setback area in front of the
main structure. Front setback areas to the side of the
rain structure may be utilized for passenger car parking,
but no noarer than 25'-0 from the right of way line of any
street or road.
!I 6. Loading and Unloading, Truck Parking and Storage
Tne loading and unloading or materials shall not be allowed
within the front setback area of any building. No truck
parking shall be allowed in the front setback area.
II Uses:
I'
7. Each site shall be used only for fabricating,
nanu_;acturing-, processing, wholesaling, retailing, warehouse,
distribution center, office, laboratory, professional,
resea.ch and development activities, and other activities
s'-,filar in nature and there shall not be permitted any
j u:11c or 63.vagc yard,
I
8. No use will be allowed that i3 offensive tc the park
by reason of odor, -industrial waste, fum-cs, dust, dirt,
I� smoke, glare and heat vibration, electronic, telev.sian or
radio interference, or pollution or will be hazardous by
IIreason of danger of fire or explosion.
Landscapinp, Scrc.cnina, and site ?reparation:
H
i' 9. The exterior of all structures and a7,1 walks,
i�
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driveways, parking areas, lawns and landscaping on each Site
shall be maintainad in good repair and condition.
10• No excavation shall be made on, and no sand, gravel. I
soil or other material shall be removed from any site, except j
in connection with Site preparation or with construction of Il
)3uilding or Improvements. Upon completion of construction,
exposed openings shall bti backfilled to grade.
i
11. Tf.e front yard area from the road to the building
not covered by walks, parking areas, planted areas, trees,
etc., shall be seeded with grass and maintained as a green
zrea. All otF.er areas not covered by construction shall be
properly landscapped and/or stabilized to maintain a dust
free surface. A11 graat shall be cut to a four (4) inch
maxim.[m.
12. No open storaoa shall be permitted on any Site unless
adequately protected by screening.
utilities:
13. All exterior lighting e-hall be installed with
concealed wiring.
14, All exterior lighting shall be installed so that
it will be concealed from view from the street.
15. All on -site electrical, telephone and other utility
lines shall bo underground from street to building and shall
be installed in buried conduit.
Destru:.Licn of 5uildira oc other Structures:
16. Any building within the estate which has been
destroyed or partially damaged by fire or other causes must
either be repaired or completely demolished and removed from
ithin a
ofesixt(6)yw.cr,ths after damage.muDemolition st be tand cd wperiod
its owner. Reair removal mu�c
be finished within six (6) months afcor destruction or dan.s,7,e.
Uc:iformity of Sip.ns :
17. :Io flashing, blinkingg, sequential, intermittent or
moving signs or lights shall be permitted within the park.
Each site shall be permitted two (2) identification signs, one
of which may be placed on the building erected on tha said site
and one- of which may be erected at the entrance to said site.
In ;ho event that an identificatior, sign is ?laced on the
building then the same shall be in letters only and constructed
parallel to the side of the building to which it is atcached,
below the roof lire and project not more than six (6) inches
from said side of the building with the area of said sign not
to -o;er over twenty per cent (20%) of the side of the
building to which it is attached. In the event that
an identification sign is placed at the entrance to the
site, then said sign shall not be more than thirty (30) square
feet i:: area.
!' S
11A'i aT ' 92 99 : 43 MCk EE % BIJT• •
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18. No signs erected, either on the building or at the
entrance, shall be illuminated by interior lights and all
lighting, in regard to said signs, shall be shielded from
direct view.
Zn£orceabil- ty of Covenants and Restrictions:
19. These covenants and restrictions shall be considered
covenants real, running with the land and shall be binding
on all successive owners thereof and enforceable by the
Gr3nt:)r '-erein.
Reservation of Rieht to Amend Covenants and Restrictions:
20, Tho Grantor reserves the right to amend the above
refcrcnccd covenants and restrictions, with the consent of
c:.e Grantee herein, but in no event shall the covenants and
restrictions be amended to be less restrictive.
iAssienabiiity of Enforcement Rights Reserved to the Grantor:
21. The right(s) reserved to the Grantor to enforce
the above referenced covenants and restrictions shall be
l an assignable,right'and may be assigned to other owners of
any lot purchased for industrial purposes, within the
industrial park, from the Grantor herein.
�I WITNESS the following signatures and seals:
I(
UNOIR CITY CO.`�P.i:Y
By
�t ennet N—.Cilpin, Jr., President
STATE OF VIRGINIA,
/11 Q1.4,r OF ) To -wit:
.� ti�
'
I, .1 c ��wlt) a Notary Public in
and for th� State and ( e' t 1 . _i_�J aforesaid, do certify
J
that Kenneth N. Gilpin, Jr., whose name as President of
Lenoir City Company, is signed to the foregoing writing,
bearing date on the J-�— day 0�11"��^ 1978, personally
appeared before me this day in my said �,'`� and in the
name and on behalf of the said Corporation, acknowledged the
said writing as the act and deed of the said Corporation, and
made oath that he is President of the said Co oration.
Given under my hand thin 4TI day of • �� 1978.
My eo=--ission expires . J i
ot�ry Fua zc
4 -
a
COUNTY of FREDERICK
Department of Planning and Development
540/665=5651
FAX: 540/ 678-0682
I I itIFICrIVIOl I OF PUBLIC HEARING
July 2, 1996
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: THE APPLICATION OF DAVENPORT INSULATION, VARIANCE #010-96
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing to be held on July 16, 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 Davenport Insulation
for an 8' front yard setback variance to build an addition to the existing building. The property is
located in an M1 (Light Industrial) Zoning District at 240 Lenoir Drive and is identified with
Property Identification Number 43-19-10 in the Gainesboro 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,
"A(C;4/
Michael T. Ruddy
Planner I ,
MTR/cg
107 North Kent Street o, Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
Jk N 2, Iq q ( from the Department of Planning and Development,
Frederick C unty, Virginia:
Lourain H. Lipscomb
c/o Lipscomb Rent
225 Lenoir Drive
Winchester, VA 22603
Everett G. Emerson
1437 Williams Drive
Winchester, VA 22601
Mildred R. Neubauer
c/o Richard J. Peki
4355 Pescadero Street
San Diego, CA 92107 ✓
Roundball Associates
217 S. Washington Street
Winchester, VA 22601
Industrial Development
c/o Z & M Sheet Metal
4215 - 52 Walney Road
Chantilly, VA 22021 ✓
Davenport Insulation
240 Lenoir Drive
Winchester, VA 22603 i
STATE OF VIRGINIA
COUNTY OF FREDERICK
1, 17 ('11) 1 -2-6 7 -
Michael T. Ruddy, Planner
Frederick Co. Planning Dept.
I, Mb RM W 1 , a Notary Public in and for the State and County
aforesaid, do hereby certify that Michael T. Ruddy, Planner I, for the De
ment of Planning
and Development, whose name is signed to the foregoing, dated I - n , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand thi
My commission expires