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Home My WebLink About06-95 O. L. Payne - Stonewall - BackfileRECEIPT 0.024480 AMOUNT DUE �) AMOUNT PAID / BALANCE DUE CASH �..� CHECK r y O �MER 1 I r FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.O. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 RECEIVED FROM ADDRESS THE SUM OF -1 '" — O BY._..li�+../ DAY -TIMERS RE -ORDER No. P- m USA RECEIPT N2 024406 AMOUNT DUE AMOUNT PAID 1Jl'i BALANCE DUE PAID BY Fl CA w CHECK OTHER FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P. 0. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 ' �. DATE .L L.. .�{`�...- RECEIVED FROM ADDRESS- O 4- yc ! L CV& \'.. N. _4 r .�.} I i p �, ..i r. THE SUM OF ! ��.; _._.IIOLLARS V ..-Y .._.t FOR '� �1 3i 1t,� i . ,Ii .{ J ( o BY DAY -TIMERS RE -ORDER No. 3221 — Printed in USA COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 May 23, 1995 O.L. Payne Payne Well Drilling P.O. Box 160 Stephenson, Virginia 22656 RE: VARIANCE APPLICATION #006-95: O.L. PAYNE• PIN 44-A-57 Dear Mr. Payne: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of May 16, 1995. The Board of Zoning Appeals approved your application for exemption from the buffering and screening requirements in order to construct a 60' x 44' storage building. If you have any questions regarding the approval of this application, please feel free to call this office. E Miller ministrator WWM/dre cc: John C. Lewis, Lewis and Associates 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 BZA REVIEW DATE: 05/16/95 VARIANCE #006-95 O.L. PAYNE LOCATION: This property is located on Martinsburg Pike (Route 11 North) at the O.L. Payne Well Drilling Office. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-57 PROPERTY ZONING & USE: Zoned M1 (Light Industrial); Land Use - commercial ADJOINING PROPERTY ZONING & USE: Zoning -RA (Rural Area), MH1 (Mobile Homes) and B2 (Business General); Land Use - mobile homes and commercial VARIANCE: Requesting exemption from the buffering and screening requirements in order to construct a 60' x 44' storage building. REASON FOR VARIANCE: The applicant states that the buffering requirements preclude the construction of any structures on the parcel due to the narrowness of the boundary lines. STAFF COMMENTS: The applicant is proposing to construct a 2,640 square foot building to store drilling equipment and trucks. The proposed building would come within 30 feet or less to the adjoining property which is zoned MH-1 (Mobile Home Community) District. The Code of Frederick County specifies in Chapter 156-37, that all developments occurring on property zoned M-1 (Light Industrial), that are adjacent to a MH-1 (Mobile Home Community) District, must maintain a minimum distance buffer of 100 feet. The maximum width and length of,the property in question is 156' and 237' respectively. The distance buffer of 100' does preclude the construction of an additional building. Page 2 O.L. Payne Variance' In this case, the distance buffer of 100' does induce an undue hardship upon the applicant. A variance to lessen the buffer distance is warranted, however, the applicant must provide a full screen around the perimeter of the property as specified by the Code of Frederick County. STAFF RECOMMENDATIONS: Staff recommends approval of lessening the distance buffer requirement of 100 feet. Staff strongly recommends denial to eliminate or lessen the screening requirement. 0 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: Ao" G. LOWVS NAME: atuekZ L. l� A` &te, ADDRESSZ4 C. PIG_-j& jtLL`f S[. ADDRESS: Uco VA 2ZlnvI TELEPHONE: �D?i'1Z2-1311 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): AT TEE 0FT-_l44-_ - F 4. The property has a road frontage of 150 feet and a depth of �4ko feet and consists of 1.o acres. (please be exact) 5. The property is owned by TFN`fO as evidenced by deed from-,Nsq*4_ a CoiLqetxrio&A Co. recorded (previous owner) in deed book no. on page G&Co 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: 7. 14-Digit Property Identification No.;_; 8. The existing zoning of the property 9. The existing use of the property is: .10. Adjoining Property: USE ZONING North 6VMW gZ6tA i_. VA East I mLo kwe 1p"*- M P 1 South UOw Lip VyWO V 2J_- ;SIAL_C > IML4 L i 13Z West i7-A 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.") r,-i(.0%kk9' W14 'V=LUM T4G-v allMOOKV--�t P 'ice SG �PLGi ul� [�F 4- v-* tgNA --VI 4N 0Y,n6q_ 'Q 0YLer--r A too k 44� STOR-At t- U kur tw A fie. 1tPuti i" IAccsSO@i :r To Tie 130SinlesS 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 5Qa_OC-[UW2'013 -T4V J?_< GL D05 _CO Mko I�D�P-V�wtJc�S 13. Additional comments, if any Ili 63U1 04056 kdw.., B Le rl A_Srb AT T"LS S r (? A NIC-C_� l�iC��. � f�bATIKL6i `O ?ac;`rMVJ- T 3tr, Lj*J6tt iJL1S12t3T.'-) RUl l...t"�► PiA . T14e Gt,emo..3esQ141_ tJILT�t `C°� lS tL.L1J$T _OcTE5D vr5 T(40 k_WAC-"V-..tP1�3T, Page 3 of 5 14. The following names and addresses are a],�1=p`af iec/ividuals, firms, or corporations owning property adjac t to�3the property for which the variance is being sought, inclu�d� ng �S o.�,ert eA at the sides, rear and in front of across street' from rthe� subject CPA CS" property. (Use additional pages if necessa ,,y Thh sgjrpeople will be notified by mail of this application: (P ':ease it"is `{complete 14- IAI digit property identification number) c�a'- `a NAME Address_ Property ID# Address —Z.&7 fi'l A��[+�s�l,c 'PiL �s�a,Y� ZZt 6 Property ID# Address z44- -A �v lwliGii�n�t} St LSrz- '�T, t3o�C l51 WkgcAe5me- 4\lAt ZT I Property ID# Address cxx,tot2 L. 4 TZuTl-� 15. -F-CO. -eeX L�C c,-Cen1$r -sotit, VA 2�'(0 Pis.-i iaG Property ID# Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID This is to certify that ";Iie attached correspondence was mf ed to the following on MAY ' L, 1995 from, the Department of Planning and Development, Frederick County, Virginia: JOHN C. LEWIS 24 EAST PICCADILLY STREET WINCHESTER, VIRGINIA 22601 OLIVER L. PAYNE P.O. BOX 160 STEPHENSON, VIRGINIA 22656 JK & POLLY J. WAMPLER 2648 MARTINSBURG PIKE STEPHENSON, VIRGINIA 22656 WELDON G. & ALICE C. OATES 2674 MARTTNSBURG PIKE STEPHENSON, VIRGINIA 22656 RONALD S.., SIMKHOUTCH SILER ROUTE BOX 151 WINCHESTER, VIRGINIA 22602 4ederick nM. Moore, P anner I Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, RENE.E' S . ARLOTTA , a Notary Public in and for the State and County aforesaid, do hereby certify that Jean M. Moore Planner I, for the Department of Planning and Development, whose name is signed to the foregoing, dated MAY-..2, 1995 has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this 2 day of MAY 1995 My commission expires on AUGUST 31, 1995 yz NOT RY PU LIC EX. DWELLING % \ EX. BLDG. \ Q�VELLING \ � 4�A-58 44—A-59 < / / EX. SHED S.F / / 00. 15�C. BLDG.�po / /EXl DWELLING \ Oti / >>\�O, / 4 � / O� \ o\ O� / O `� O O EX. WE LING ff \ Oo� / / goo / �O\O� < / " O G d _ / EX. �WELjdNG LOCATION MAP SCALE: 1" = 2000' J c of . 65 St wall ..• ' � b / .� l h EX DW LING s•. 9 " 1 PBROPOSEDDING `L70,/� ApR,,� �_- _ C s N �¢= --_ \ EX DW LING �! a� �`� / 1• • -tea) — _ / D �F� AIq �4B� Park a' �lEmaAuylCh a 0 YI7lC\J\ / y EX �WFLLING VARIANC EXHIBIT s, phenson� / S48'00'00"W 0, L. PAYNE PROPERTY rail )park �:' /� J �� / 10.78ft l� /t %(� SCALE: 50 APPROVED BY: DRAWN BY: vv �v o 44—A-56 DATE: 20APR95 REVISED: /• ,�' • , ♦ r i ec� �.• N JOHN C. LEWIS 24 EAST PICCADILLY STREET �65p 50 0 50 1 50 WINCHESTER, VA 22601 TEL.: (703)722-9377 l EXAWLING Scale 1" = 50 ft s Page 5 of 5 _....... AGREEMENT'r VARIANCE 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 DATE SIGNATURE OF OWNER DATE- (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF APPROVAL ACTION: - DATE - DENIAL SIGNED: DATE: OTHER SPECIAL LESTER BENEFITS Sliding Doors. Round track trolleys are self-cleaning and help doors roll easier and quieter. The steel vertical frame provides a rugged, snug fit at the door jams, eliminating exposed edges. The guide channel and center post guide help prevent wind damage to the door. All this adds up to a long lasting, trouble - free sliding door. I • Overhang Detail. The streamlined Lester 8" or 16" standard overhang is available in pre -punched vented or solid panels. Overhangs are available in colors to coordinate with your choice of wall paneling. This provides the finishing „';touch for a great looking building. 1 i ij 1 **********14•iF iF if#*'if *it*****iF {, {,*if***1F*** * #2668 * SHENANDOAH CONSTRUCTION COMPANY * TO: • : : . . . : . . : : : DEM * OLIVF:R L. PAINE. ET UX 1F*11 i1** iF ii*Y***1F***if lF ii***iF■*■i**ii***ii*{, nn 305 PACE 564 THIS DEED made and entered into this 3.,.., day of November 1964, by and between WILLIAM A. MORRISON, GUY M. PARSONS, and ERVIN E. dART, PARTNERS trading as, and doing business as SHENANDOAH CONSTRUCTION COBiPANY, parties of the first part, and OLIVER L. PAY:+E, and RUTH B. PAYNE, his wife, jointly, as tenants by the en- tireties with the right of survivorship as at common law, parties of the second part, 1yITNESSETH, that for and in consideration of the sum of Ten (,$10.00) Dollars, cash in hand paid unto the said parties of the first part by the said parties of the second part at and before the signing, sealing and delivery of these presents, and other good and valuable consideration, the receipt whereof is hereby acknowledged, the said parties of the first part do hereby grant and convey unto the said parties of the second part, jointly, as tenants by the entireties with the right of survivorship as at common law with general warranty of title, with all buildings and improvements thereupon situated, and rights and privileges there - unto appertaining, the following described real property: Fronting on the southeastern boundary line of the Iartins- burg Pike, a corner to the 2.91 acre tract conveyed to B. Blair Webber (285-599), running with the two following lines of the said tract S 42 deg. E 250 feet to an iron pin; thence N 48 deg. E 200.0 feet to F'n iron pin corner to the Dyke land; thence with the three followin.; lines of the Dyke land S 42 deg. E 160 feet to an iron pin; thence S 48 deg. - with the southwestern line of a 10.0 foot right-of-wray over the southwestern portion of the property hereby conveyed 410 feet to an iron pin in the southeastern hijhway coundary line; thence with the said line II 48 deg. E 50 feet to the beginning, containing 1.205 acres, according; to a plat and survey thereof made by Lee A. Ebert, Certified Land Surveyor under date of November 2, 1964, attached hereto and recorded herewith, said land lying and being in Frederick County, Virginia, in Stone all Magisterial District, near Stephenson, Ilit being the same tract of land conveyed unto Shenandoah Construct IlCompany by deed from Herman J. Dyke and Dorothy V. Dyke, his wife, dated October 10, 1963, of record in the Office of the Clerk of th " J • CO BOOK 305 PAu 565 i Circuit Court of Frederick County, Virginia, in Deed Bookr3O4, at page #422, i SUBJECT to the right-of-way indicated on the aforesaid plat, and other rights -of -way of record, NELLIE M. MORRISON, the wife of Vlilliam A. Morrison, JA:JICE M. 'ARSONS, the wife of Guy M. Parsons, and JdIiJNIE E. HART, the .:ife i i :f Ervin E. hart, unite herein and execute this deed for the pur- 1 >ose of conveying their contingent right of dower in and to the )roperty hereby conveyed. The said parties of the first part covenant that they have the •ight to convey the property hereby conveyed unto the said parties ,f the second part, that they have done no act to encumber the said' ,roperty, that the said parties of the second part shall have uiet possession of the same, free and clear of all encumbrances, I nd tnat they will execute such further assurances of the said roperty as may be requisite. ':itness the following signatures and seals, this the day and i 'ear first above written: \ — c-=_ _�—jr ---- SEAa.I) v..-.. AL' %7i� SEAL c `\`` TRADIfJG A5, AND DOING BUSINESS AS II. , SHENANDOAH CONSTRUCTION CO:PA,JY 9CL�11- _ ��1Y1 _____----iSZ..L c_7�1__722a4x�-z---L----------- (S%Ai� I BOOK 305 PACE 566 STATE OF VIRGINIAI COUNTY OF oacicier to -wit: This day personally appeared before me, r a notary public in and'£orthe County and State aforesaid, !Gilliam A. Morrison, Guy M. Parsons, and Ervin E. Hart, Tradin:; as, and Doing Business as Shenandoah Construction Company, and Nellie id. F;orrison, wife of 1, illiam A. I;orrison, Janice R. Parsons, 'rife of Guy M. Parsons, and Aiinnie E. Hart, wife of Ervin E. Hart, whose names are signed to the foregoing; writin:; bearin; date on th Z PT' day of November 1964, and acknowledged the same before me in my County and State aforesaid. In testimony whereof I have hereunto set my hand this a i day of November 1964. -------------------- Notary Public. hIy commission expires iZ ;o za LAND & 580 IRON PIN S 42'E-160.0' 17 W � —0 al Cr a: DW N1 F- Z— _ ~ Q fn a:j HERMAN J. DYKE - TO DEED B. BLAIR WEBBER 22 JANUARY, 1963 Z DEEDBOOK 265 PAGE 599 n ROtI PIN O s - PT. BEG, a 0 a N W Q d Z 1.205 AC. w- S 42' E-250.0' 1� 10' L ---�"L-_ --- N42'W---� 410.0'--R=W-0 Z IRON PIn DYKE LAND I DYKE LAND 255-580 255-560 AND 292-188 The above Plat is a Survoy of the Land conveyed to Shenandoah Construction Company by Hornn.n J. Dyko by Dood dated 10 October 1963 in Deed Book 304 Page 422. The said Land fronts the Southeastern Highway Boundary Line of the Martinsburg Pike - U. S. 11, near Stephenson, and lips in Etonowall Distriot, Frederick County, Virginias Beginning at an iron pin in the Southoaatorn Boundary Line of the i!artinsburg Pike, a corner to the 2.91 Aoro Tract conveyed to B. Blair Webber (285 - 599)o running with the tvo following linos of the said tract s 420 E - 250.0 ft. to an iron pins thence N 460 E - 200.0 ft. to an iron pin corner to the Dyko Land; thonoe with the throe following lines of the said Dyko Land S 420 E - 160.0 ft. to an iron pins thence S 48' w - 250.0 ft. to an iron pint thence N 420 W - with the scuthvo�t- ern lino of a 10.0 Ft. R/W over the couthwostern portion of the Surroyod Land - 410.0 ft. to an iron pin in the Southeastern Highway Boundary Linot thence with the said Line 11 480 E - 50.0 ft. to the beginning. Also shown on the above Plat is the said 10.0 Ft. R/W over the Southeostern Portion of the Surveyed Land, Also shown on the above Plat (by Dashed Lines) is a Triangular Portion of the Surveyed Land that was Convoyed by Herman J. Dyko to Russell i. 11ocL•oaanith by Deed of Corrootion dated 16 April 1963 in Doed Fook 291 Page 155 AID vas Convoyed by Russell -T. Hockensmith to Hormr-n J. Dyko by Dood dated 13 AuEust 1963 in Deod Book2292 Pago 188. Containing - - 1.205 Aoros. 0, �� Surveyed - - - Novorbor 2, 1964- LF^ A. =T, Ccrtifiod Land Survoyor, Co-^. of Virginia #i 484. 'ARGINIA FREDER!CK COUNTY, SCT. b bctntr 3of writing was Producod to me on tho �—day of C— ax1 vd th c:rt::i of c; =wl�!_:t tor d Sorclo amwxed was admi'ad «orJ• ,,,, — —' -------�------�------'-----u�� — ----' '-)` �ZOO. es � � _L_�. J ►Y/1 /2 ozc au I I nlnnn G.I.S. WORK ORDER x Department of Planning & Development GIS 9 North Loudoun Street Winchester, VA 22601 ' 2r�'-- J 703-665-5631 " The following information needs to be supplied to request production of mapping or graphics from the Planning Department. L DATE DEPARTMENT• CONTACT: I'. PRONE: DESCRIPTION { OF #Mo—q3U 0 r r REQUESTED COMPLETION DATE: — For Planning Department Use — PLF Materials & Supplies: ��p i`� - /� - C�Lo•2 Keep in Storage? Yes No Public Use Fee Total Time Spent ,� c-/` ? 5--kw-- on Project: Comments: �b