HomeMy WebLinkAbout17-96 Glaize & Bro - Shawnee District - BackfileDate:
Variance Request Tracking Sheet:
Board of Zoning Appeals
File opened
92-L Reference Manual updated/number assigned
q-o20-q6 D-base updated
R- 12 color location maps requested from GIS
N/�
n&:erj) Two sets of labels requested from Data Processing
9.7i 5 I q File given to Renee' to update bi-monthly report 6 -
MEETING DATE: /0-/57-76
CLOSE OUT FILE:
14Mro ve a s
FINAL ACTION: Am eK �e
0 -/ - Approval (or denial) letter mailed to applicant/copy made for file
L/ File stamped "approved"/"denied" or "withdrawn"
L Reference Manual updated
b-', D-base updated
10 -/ - 9 File given to Renee' for final update to bi-monthly report
K.\WP\CAIMCIG CR\TRACKING BZA
all
Received From
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ACCOUNT
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CASH
CHECK
MONEY
ORDER By
I
October 16, 1996
Glaize & Brothers
P.O. Box 2598
Winchester, VA 22604
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/678-0682
RE: VARIANCE APPLICATION #017-96: GLAIZE & BRO., PIN 64-A-91)
Dear Mr. Glaize:
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their
meeting of October 15, 1996.
The Board of Zoning Appeals approved your variance request as amended for a 30-foot reduction
in the zoning district buffer distance (from 50' to 20'). In addition, the Board denied your request
for a variance waiving the full screen elements of the Buffer & Screening Requirements (165-37),
but approved a reduction to adhering to the Landscape Screening elements of the Buffer & Screening
Requirements (165-37).
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
cc: Steve Gyurisin, G.W. Clifford & Assoc.
107 :Forth Kent Street - Winchester, Virginia 21-601-5000
BZA REVIEW DATE: 10/15/96
VARIANCE #017-96
GLAIZE & BRO.
LOCATION: The property is located at 133 Premier Place, Lot 3.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64-A-9D
PROPERTY ZONING & USE: Zoned B2 (Business General) District; Land use - vacant
ADJOINING PROPERTY ZONING & USE: Zoned B2 (Business General); RP (Residential
Performance); RA (Rural Areas); Land uses - Commercial; vacant; church.
VARIANCE: A 35-foot reduction in the zoning district buffer distance (from 50' to 15'), and a
variance waiving the full screen elements of the Buffer & Screening Requirements (165-37). Both
variances are for a proposed travel agency business.
REASON FOR VARIANCE: The property is small in size, shallow and of an irregular shape. The
adjoining property is institutional/churchuse and vacant. The topographic conditions of the site do
not allow full screen to be effective.
STAFF COMMENTS:
The property is zoned B2 (Business General). The development of this property requires a zoning
district buffer to be placed on the land when adjoining land in certain different zoning districts. The
rear of this property adj oins land that is zoned RP (Residential Performance). Referring to the Zoning
District Buffer table, Section 165-37(D)1. of the Zoning Ordinance, a `B Category Buffer" is
required. Based on the size of the lot, a full screen is the most viable of the three screening
alternatives. This provides for a 50' distance in which 25' is inactive and 25' is active. No building
or structure maybe placed within this 50' distance. It is important to remember that the intent of the
buffer and screening requirements is to encourage proper design of a site in order to protect adjacent
uses.
• 0
Glaize & Bro. Variance #017-96
Page 2
October 7, 1996
With the required 50' zoning district buffer and the 35' front setback established, there is sufficient
area to construct a structure in which the principle use is permitted in the B2 Zoning District. The
principle use of the property is proposed to be a travel agency office. This is a permitted use within
the B2 Zoning District. The area shown in red on the enclosed Site Plan excerpt highlights the area
in which a structure can be located. Once again, there is sufficient area in which to develop a
business. No hardship exists.
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 that granting this variance would be inappropriate as a demonstrable
hardship approaching confiscation does not exist. This parcel can be developed for
business/commercial purposes.
In addition, staff is adamantly opposed to the request to waive all of the full screening requirements
of the Zoning Ordinance. No exceptional topographical conditions exist on the lot that would
constitute a hardship and deem the full screen to be ineffective. There is sufficient area to develop
the lot as zoned, and to provide the required 50' distance buffer. Therefore, the required full screen,
placed within this distance buffer, would be effective in lessening the possible impacts between the
adjoining zoning districts.
Once again, no hardship exists. No variance shall be authorized by the board unless it finds that strict
application of the ordinance would produce an undue hardship approaching confiscation. Granting
this variance would be inappropriate as a demonstrable hardship approaching confiscation does not
exist.
STAFF RECOMMENDATION: Denial of both variance requests.
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VARIAINCE #017-96 PIN: 64—A-9D
Glaize & Bro.
. eJ7.
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: Glaize & Bro . NAME:
ADDRESS P.O. Box 2598 ADDRESS:
Winchester, VA 22604
TELEPHONE: (540) 662-2092 TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
133 Premier Place - Lot #3
Premier Place is located on the west side of Route 522 South - South
of the intersection of Route 50 East & Route 522.
4. The property
has a road frontage of 245
feet and a depth
of 106.94
feet and
consists of 15,967 SF ar-r-es-, (please be.
exact)
--
5 . The property
is owned
by Glaize & Bro.
as evidenced
by deed
from Jasbo. Inc., F.L. Glaize,
TTT recorded `°:Y
(previous owner) �U
in deed book
no. 671
on page 13�
of the deed`'
books of the
Clerk of
the Court for Frederick
County.=Att't�aac ''
a copy of the deed.
9/18/96
page 2 of 5
6. Magisterial District: Shawnee
7. 14-Digit Property Identification No.: 64-((A))-9D
8. The existing zoning of the property is: B-2 Commercial
9. The existing use of the property is: Vacant
10. Adjoining Property:
USE ZONING
North
Vacant
East
Commercial
South
Church
West
Church
B-2
B-2
RP & RA
RP
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 35' active/inactive buffer distance variance for a travel agency
business is requested. Relief of the distance buffer and full screen
elements of the Buffer & Screening Requirements (165-37) is sought.
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
The property is small in size, shallow and of an irregular shape.
The adjoining property is institutional/church use and vacant.
The topographic conditions of the site do not allow full screen )
to be effective. �G i
13. Additional comments, if any oti���aQ°r
9/18/96
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
9/18/96
•
•
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 APPLICAN ' ' 1bATE
oz - 14r ZE
SIGNATURE OF OWNER . ""'!/�' e, �' ` � DATE 9l2-o La/ 9c,
(if other than applicant) —I
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF ACTION:
- DATE -
APPROVAL
.Sod ter ii� c.� �nl
DENIAL r`. SIGNED:
I�� N DSc P B Z CHAIRMAN
SCRCE�� DATE:
C�
742 ti A'yE)°fiti' i
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50 ' BUFFET-DK7TAt-JCZ
SEE SHEET 2 OF 4 FOR CURVE TABLE. U. S. ROUTE 522
SEE SHEET 4 OF 4 FOR EASEMENTS. FRONT ROYAL ROAD
VARIABLE WIDTH R/W S49'1542E-36.95'
S42 53'16 "W-23.91 ' C2
501'06'12"E C1 05 40'
0
64-((A))-9B
31.53' 4.83' 50' B.R.L.
10. 17' 5.0 Lot 1
15,245 SF,�.
rn
/h"� 64-((A))-9E \ C8\ t%` 1 C
Lot 4
2.9662 ACRES \
00'
NTS 4� 44 �
JASBO, INC. & FRED L. GLAIZE, 111
DB 736 — P 86
ZONED: MH1
USE.- VACANT
Wyse
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L,9Ctif,S,�86 `�i�F F
�j H OF
D rSG,
❑ CERTIFICATE No. .�
v 1197 D
k�ND SUR'o
Lot 2 �° o
s�
17,366 SF Ct). h
�8.
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7o
`Y
\64-((A))- 9D
Lot 3
\15, 967 SF/
h /
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IC 7 ^O
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/
CALVARY CHURCH OF THE BRETHREN
OB 280 — P 84
ZONED: RP
USE: CHURCH
LEGEND
B.R.L. Building Restriction Line
NOTE: Iron rods found or set
at property corners.
0 50 100 200
Graphic Scale in Feet
1 "=100'
PREMIER PLA CE
Plat: FP-96121.dwg
DATE: 15 February 1996 Scale: 1"=100' Sheet 3 of 4
MASH & IL]EGGE
Land Surveyors, P.L.C.
139 North Cameron Street Winchester, Virginia 22601
(540) 667-0468 Fox (540) 667-0469
1168��
JASI30„ INC., UP Al,
1,0: *ULLD on 6 l 1 Pc 13 4
GLAIZE & BRO.
t4
TIIIS DEED, made this % 1 ' day of CL_jt„f ?L 1988, between
x JASUO, INC., A Virginia Corporation, an FRED L. GLA LE, III and ANN W.
1 GLAIZE, of the one part, hereinafter called the Grantors, and GLAIZE & UR9.,
Q
a Virginia rartnership, of the other part, hereinafter called tl►e Grantee.
nl
ni WiTN17SSHII: That for and in consideration of the sum of Ten Dollars
p� I ($10.00), cr.sh in hand paid and other valuable consideration, receii�t
1 �
whereof is hereby acknowledged, the Grantors do grant and convey, with
C 1 \ General Warranty and with English Covenants of Title, unto the Grantee, in
fee simple, as partner hip property, together with all rights, rights of
way, privileges and appurtenances thereto belonging, all of that certain
i
tract or parcel of lane►, lying and being situate oil the West side of U. S.
Route 522, South of Winchester, in Shawnee District, Frederick County,
Virginia, coutalning five (5) Acres, and designated as PARCEL A on tl►e plat
attached to the hereinafter referenced source of title deed, said plat also
being recorded in the Clerk's Office of the Circuit Court of Frederick
County, Virginia, in Deed Book 537. at rage 215; and being the same property
which was conveyed to tho Grantors herein by deed from John F. Anderson,
Executor and 'Trustee of t1►e Estate of Angelo J. Uarberio, dated May 19,
1967, and duly recorded in the aforesaid Clefk'd Office in Deed Uook 648, nt
Pago 363. A reference to the aforeanid deed and plat and to the references
therein contalnod is hero nvido for a further and morn particular dencrlption
of the land hereby convoyed.
Till'; conveyance in mado oubject to all legally en Core vablo restrictive
covenonts and easements of record, if any, affecting the aforeanid realty.
This conveyance is subject to that certain deed of trust from Jasbo,
Inc., a Virginia Corporation, and Fred L. Glaize, III, to William A.
Johnston, et al, Trustees, dnted tiny 20, 1987, and duly recorded in the
aforesaid Clerk's office in Deed Book 648, at rage 366, in the orijjnal
principnl sum of Ons,llundred Thousand Dollars ($100,000.00), with interest,
;NIION payable to the order of John F. Anderson, Executor and Trustee of tho Estate
of Angelo J. Barberlo, there remaining an unpaid principal balance in the
sum of $ 100�000.00 as of J(-1111.1nr.-Y 14,
J
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Ktc?Ek%C'�' CJ /,a�rf� OEOT 0,47E SCAT OF
A PORT/ON OF THE LANO OF
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SIMW,,VEEE U/STR/CT, F,PEUEll/fll COC/NTY, VA.
SCALE /' - ZV0'---AUG. 08, 19,65
U.4'Z r4ACO BY
GREENW.4Y ENG/NEE,P/NG .aNO SUQvEY/NG CO,/NC
(c WCEOS CR, VIA;NY4
0 . 0
�111 ar
church
of the
- 6retlirett
i Bui(di�� for flee forJi J fort"
Clarence Davis, Jr., Pastor
(Palvary G9hurch of the Brethren
578 Front Royal Pike Winchester, Virginia 22602
Mr. Kris Tierney, Planning Directory
Frederick County Planning Department
107 North Kent Street
Winchester, Virginia 22601
Re: Variance Request on Premier Place of
Glaize & Brothers' for Board of Zoning Appeals
Dear Mr. Tierney:
Phones:
Church (703) 662-2350
Residence (703) 667-8021
October 15, 1996
As an adjoining property owner to the Glaize property, the Calvary Church of the Brethren has no
objection to their request for a variance. Improvement to this property as proposed is welcome.
Improvement of the property would clean up a now vacant commercial lot and help keep a
watchful eye on the neighborhood.
Our property adjoins the Glaize property to the side and rear. We have granted an easement for
drainage so that the road, Premier Place may become state -maintained. We would ask that the
mature trees along the drainage way, our adjoining property line, be maintained. Our property is
zoned residential and agricultural; however, our main use is for our Church and we do not expect
this to change.
Again, we have no objection to the variance.
Sincerely,
.au
Richard E. Keller
Trustee
7000
i
I
October 1, 1996
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
I J IFICAtI JI I OF PUB 1C i-!EARIl Ir
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #017-96 OF GLAIZE & BROTHERS
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on October 15, 1996, at 3:25 p.m., in the board room of the Old Frederick County
Courthouse, Winchester, Virginia. This hearing is to consider the application of Glaize & Brothers
for a variance for a 3 5-foot reduction in the zoning district buffer distance requirement (from 50' to 15%
and a variance waiving ail screening requirements. Both variances are for a proposed travel agency
business. The property is located at 133 Premier Place, lot #3; is zoned B2 (Business General) and is
identified with Property Identification Number 64-A-9D in the Shawnee Magisterial District. .
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application is available for review at the Department of Planning and Development located at 107
North Kent Street in Winchester, VA.
Sincerely,
Michael T. Ruddy
Planner I
MTR/cg
107 North Kent Street • Winchester, Virginia 22601-5000
• 0
This is to certify that the attached correspondence was mailed to the following on
0 G � �. / 9 �1 � from the Department of Planning and Development,
Frederick County, Virginia:
Calvary Church of the Brethren
578 Front Royal Pike
Winchester, VA 22602
Glaize & Brothers
P.O. Bog 2598
Winchester, VA 22604
�G
Michael T. Ruddy, Pla er I
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, Vieth Gnn % a1 I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Michael T. Ruddy, Planner I, forte Department of Planning
and Development, whose name is signed to the foregoing, dated , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this day of fiIIINJft I Q `1 U� .
My commission expires on Iq9
TARY PUBLIC
gilbert w. clifford & associ�s, inc.
200 N.Cameron Street
Winchester, Virginia 22601
540-667-2139 Fax: 540-665-0493
TO:
WE ARE SENDING YOU
-]
ATTACHED
ElHAND DELIVERED
CHANGE ORDER
❑ SHOP DRAWINGS
❑ PRINTS
❑ COPY OF LETTER
❑ PLATS
•
LETTER OF TRANSMITTAL
PRESENT DATE JOB NO.
9/20/96
ATTENTION Mr. Mike Ruddy
RE: PrPmiPr PlarP Varianra
UNDER SEPARATE THE FOLLOWING ITEMS
SAMPLES SPECIFICATIONS
❑ PLANS FX-1 OTHER
COPIES DATE DESCRIPTION
1 9/18/96 Check #041771 in the Amount of $2
1 Application Form, Pages 1- 5
1 Deed/Plat
1 Exhibit Drawing
1 GWC&A Check #21764 in the Amo
X❑ ARE TRANSMITTED APPROVED/SUBMITTED
X❑ FOR APPROVAL ❑ APPROVED/AS NOTED
❑ FOR YOUR USE ❑ RETURN/CORRECTIONS
❑ AS REQUESTED
❑ FOR REVIEW or COMMENT
❑ FOR BIDS DUE ____________19___
REMARKS
t
❑ RESUBMITFOR APPROVAL
❑ SUBMIT___ FOR DISTRIBUTION
❑ RETURNED_ CORRECTED PRINTS
❑ LOAN PRINT/RETURN
RETURN/WITH SIGNATURES
COPY TO: SIGNED Stei,hen M. G
��' ��, csl.,
'tyft•„���
i..'
Cia�✓k
v
REV. 2.0
dill 11Y
7 - ;I Church
A.of the
4. 131etlireit
i 13ui(din,y for f%ie glory o f yort o
Clarence Davis, Jr., Pastor
(9alvary G9hurch of the Brethren
578 Front Royal Pike Winchester, Virginia 22602
Mr. Kris Tierney, Planning Directory
Frederick County Planning Department
107 North Kent Street
Winchester, Virginia 22601
Re: Variance Request on Premier Place of
Glaize & Brothers' for Board of Zoning Appeals
Dear Mr. Tierney:
Phones:
Church (703) 662-2350
Residence (703) 667-8021
October 15, 1996
As an adjoining property owner to the Glaize property, the Calvary Church of the Brethren has no
objection to their request for a variance. Improvement to this property as proposed is welcome.
Improvement of the property would clean up a now vacant commercial lot and help keep a
watchful eye on the neighborhood.
Our property adjoins the Glaize property to the side and rear. We have granted an easement for
drainage so that the road, Premier Place may become state -maintained. We would ask that the
mature trees along the drainage way, our adjoining property line, be maintained. Our property is
zoned residential and agricultural; however, our main use is for our Church and we do not expect
this to change.
Again, we have no objection to the variance.
Sincerely,
Richard E. Keller 10
Trustee
•