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RECEIPT FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT
P. O. BOX 601, 9 NORTH LOUDON ST.
*N1 024526 WINCHESTM VIRGINIA 22601
AMOUNT DUE -�
.,, o DATE J
AMOUNT PAID r' _
RECEIVED FROM \
G BALANCE DUE ADDRESS
PAID BY
❑ CASH
` JA
HECK
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OTHER
THE SUM OF Y (� s'V'��"' �IsLLL RS $ ---3
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FOR • o Wi s x J L-
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BY
DAY -TIMERS RE -ORDER No. 3221 - P-ted in USA
77
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
MEMORANDUM
I
TO.- Finance Department
FROM: Karen A. Clark, Receptionist/Clerk 11
SUBJECT: Return Of Sign Deposit
DATE: June 27, 1995
The amount of $25.00 was deposited in line item #10-1911-08 for the company named,
below as a deposit, for a sign. They have now returned the sign and are therefore
entitled to the return of their deposit. Please send a check in the amount of $25.00 to:
The Plan Source
ATTN: David McGettigan
8565 -C Sudley Road
Manassas VA 22110
Please contact me if you have any questions.
RSA/kac
107 North Kent Street
Winchester, VA 22601
BZA REVIEW DATE: 06/20/95
VARIANCE #007-95
EXXON CORPORATION
LOCATION: This property is located at 4663 Martinsburg Pike, Clearbrook Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 33A-A-11
PROPERTY ZONING & USE: Zoned RA (Rural Area); Land Use - commercial
ADJOINING PROPERTY ZONING & USE: Zoning -RA (Rural Area); Land Use - vacant
VARIANCE: Requesting a 8.7' rear yard variance for storage and an addition to the existing
building.
REASON FOR VARIANCE: The applicant is requesting a variance to construct an addition
to an existing business. The variance is necessary due to the size and shape of the property.
The Exxon station is a nonconforming structure due to the changes in the setback
requirements that occurred in 1991.
STAFF COMMENTS: The Exxon station at Clearbrook has just recently received approval
for a site plan (#008-95) that will upgrade their pumps and service area. The applicant
wishes to modify this site plan in order to construct a cooler consisting of 300 square feet.
This addition would be attached to the rear of the building and would serve as a cold
storage area for drinks and perishable goods. The addition extends 8.7 feet in the setback
requirement of 50 feet.
Staff feels that a variance is warranted since the property was acquired in good faith and
that the shape and size of the property restricts the owner from upgrading his establishment
in a manner that is comparable to other gas stations with convenience stores. The setback
requirements were less restrictive when the structure was built and has since been extended
to 50 feet. The addition does add to the degree of nonconformity, but not to an extent that
Page 2
Exxon Corporation Variance
it will be detrimental to adjacent properties or affect the character of the area. Again,
because the modernization of other facilities are common, staff feels that a hardship does
exist.
STAFF RECOMMENDATIONS: Staff recommends approval.
� 0
� 0
Location Map f or PIN: 33A—A-11
Exxon Corp. Variance #007-95
0
page 1 of 5
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
k
MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT Q•\� J ���C>
1. The applicant is the owner other �% (Checkl�o
2. APPLICANT:
I-�Q�• ,
OCCUPANT: (if different), 4
NAME: %N_,'� pLAn1 SoNr�e�, role. NAME: ��3eOAJ C0(ZPO02ATcoN
ADDRESS 8565-C Swpc e), R_z. A14,VAS5!2, ADDRESS: 630/ Z;�4 Lcc`?e
✓/RGiNrA 2!� iu .,Ai7� 72A1/DMc�E77/6srJ 2-o272
TELEPHONE: 003� 3'30 - 0 y 5 ¢
3. The property is located at
State Route numbers):
TELEPHONE: %�'l� 5/3— .75//
M /CA4el SPeckrf
(give exact directions and include
466 -3 1 ?R,e;i.,1ssv-e6
/yb,/ Corner o�?rSec-tio� o� Li•5• 10ou7f �� /�A2�iN58u21, PeF
qAd g,'4-C 6 6 9 r;es4 Ck"'r ��oacl
4. The property has a road frontage of $36. o feet and a depth
of i21.°I feet and consists of 1,23 acres. (please be
exact)
5. The property is owned by co2PaRq-natil
as evidenced by deed from ry�Fl�y F. 2ober . e4a1. recorded
(previous owner)
in deed book no. 3 (00 on page Ib$ of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
•
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page 2 of 5
6. Magisterial District: 5f3ue- WA LL
7. 14-Digit Property Identification No.:
8. The existing zoning of the property is:
9. The existing use of the property is:
10. Adjoining Property:
USE
Norths'—
East h,k 11
South oN 1�ACA
West +iq dgw+=t- /N7�c�s TI1T 8 i
ZONING
/q
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 r bar VaJ Variarcc Or Gt 3`7 5 C7 S/Tora�ye C, 1
rC4d/;�ic i fo ��.e �Xi57iKc� 6vtilaliiiol
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
See 04acA2Gf Wier , i iu57i �i Ga�idn
13. Additional comments, if any
0 0
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
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. See aifacke9 oatid 5;fe ,�lari
Adjoining Property YOUR PROPERTY Adjoining Property
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EI(ON CORPORATION VARIANCE " 2-6442 a ig—d ey Fil oomeV a
Dim 42
The Plan Source 5ede°
ITEM •16 S0 Dim4AOro ar SHEET
ate GJM 4A
Consulting Engineers
8565-C Sudley0_095 Road FAX
(703) 33 9 2211c, SKETCH OF PROPERTY MAY I965
I„- i111r,d R—�Estale A. E�aheerma (703) 330-0954 FAX (703) 335-9G62 county o:
Checked 6y- Of
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E*ON CORPORATION
M The Plan Source
PROPOSED BUILDING
es No:
s 2-6442
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rnenam�:
Re.IEstate 6 Engineering
Consulting Engineers
8565-C Sudley Road •Manassas. VA 22110
(703) 330-0954 FAX (703) 335-9062
LAYOUT
MAY 1995
C.urty o
eneceed By
BP
46
of
5
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 APPLICANT J' DATE
WO1> J. Mc C9�Ti/c-Qi✓
SIGNATURE OF OWNER DATE I'24r�
( if other than applicant) 1M S pEc.-\A-T
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF
[ZI APPROVAL
DENIAL
- DATE -
SIGNED:
DATE:
ACTION:
The Plan Source
Consulting Engineers
May 24, 1995
County of Frederick
Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
Subject: Variance Statement of Justification
Stateline Exxon Station #2-6442
4663 Martinsburg Pike, Clearbrook, VA
By David McGettigan of the Plan Source, Consulting Engineers
Ladies and Gentlemen:
The following is provided as a statement of justification for an 8.7' rear yard variance
submitted on behalf of Exxon for the above referenced site.
Parcel 33A is a unique parcel in its shape and configuration. It is L-shaped and bounded by
Interstate 81 and two major thoroughfares. Front yard requirements, VDOT entrance
design standards, and the need to provide an adequate drain field severely limit design
flexibility on the site. The projection of the rear yard into the building envelope limits the
depth of the envelope to 20' for approximately 50% of the site. The renovation of this site is
minor consisting mainly of a reconfiguration of the existing building's interior that requires a
small addition of a cooler at the rear of the structure. Renovation of the interior of the
existing building is conditioned on bringing the facility up to current standards. One of these
new standards was established by the American Disabilities Act that sets forth certain aisle
widths and interior layout to accommodate the disabled. Applying these standards on the
interior redesign has significantly increased the amount of space needed to display a
quantity of goods similar to what is currently available. As a result additional cooler space
must be added to the existing structure. The only practicable place to add this space is at
the rear of the existing structure and due to the unique configuration of the lot, as described
above, little room is available for this addition without encroaching on the rear yard. In our
design every effort has been made to minimize the impact on the rear yard and only 30%
(90 SF) of the 300 SF addition lies in the rear yard.
Due to the minor impact on the rear yard (loss of 90 SF) the variance requested will not be
of substantial detriment to the adjacent property and the character of the district will not be
changed by granting the variance. The proximity of the station to the state line and the
interstate provides brisk sale of tobacco products to out-of-state customers thus bringing
8565-C Sudley Road • Manassas • Virginia 22110 • (703) 330 0954 • Fax (703) 335 9062
! 9
May 25, 1995
Page 2
Exxon Station #2-6442
sales tax revenues into Virginia and supporting Virginia's tobacco industry. The strict
application of the zoning ordinance combined with the interior design requirements of the
ADA would produce an undue hardship by reducing available retail floor space to an area
so small that the quantity of goods that could be displayed would not permit enough variety
of merchandise to attract customers to the store. The economic viability of the site would be
so severely hampered as to create a hardship approaching confiscation. It is submitted that
this renovation effort by Exxon will increase the economic viability of the site thus increasing
sales and tobacco tax revenues, maintaining property values that preserve property tax
revenues, and providing better access to the store for disabled customers. It is further
submitted that the lot is of unique shape and circumstances that warrant a variance and that
the impacts to adjacent property and the character of the district are minimal.
Thank you for your consideration of this matter.
Very truly yours,
The Plan Source
David J. cGettigan
L 11 I4-1 _ill'. i __
c., I4U .. V ) 4: 'j3
Play 24,95 b:15 F.U1
rsssrYearrrrYreeRr•riwaswwrsrirrrrerrwYwirarrRra
M?738 r
MARY F. ROBERTS, FF AM r
TO: : i 1 : DEED r
HUMBLE OIL k REF1NINO COMFANY Y
YYrNMYN R/,YMRrYRY1RiRRr•rRrYRRRRRrR R,R RRYYrYYNrY NN
rrst 360 rest 168
THIS DLED made and dated this allay of December 1969
by and between Mary F. Rabntt*, widow, and Noel S. Roberts, and I
June H, Roberts, his wife, and billy R. Thompson and Lnwilda
L. Thompson, his wifo, partloe of the first pert, and Humble
oil and refining Company, a Delaware Corporation, party of the
second part.
WITNESSETit, That for and in consideration of the gum
Of Ten Dollars (810.00) and other good and valuable consideration,
the receipt of all of which is hereby acknowledged, the parties
of the filet part do hers -by grant, bargain, sell and convey with
general warranty of title, as to the tract conveyed by each
individual Grantor, unto the patty of the second part, Its
successor* or esaigna, the following described property and
appurtenances thoreunto belongings
All that tract of I-ed, containing 1.227 Bete■.
located on the West side of U. S. Highway No. 11 and on the
South aide of Road No. 669, at Rest Church, and the host side
'of Interetets Route No. 01, and struste In Stonewall Megieterlel
District, Fredetick County, Virginia, doocribed in the ottachod
plat and survey of Richard U. Goode, Gartifted Surveyor, dated
October 9, 1969. of fellnwst
Beginning at (1) a Conctete Highway Yorker at the intersection
of the West line of U.S. Highway No. 11 with the South line of
Road No. 669; thence with the West line of U.B. Highway No. 11
for the following 5 courses 6 31 dot. 45 min. o7 sec. W 141.25
feet to (2) a Concrete Highway Markerj thence 6 92 4e9. 25 min.
54 see. W 25.97 feet to (3) an iron peg; thence 9Sr)Z deg. 24 min.
30 age. W, 67,0o feet to (4) a metal gate post; thence With the
lend of Roberts N 60 deg. 34 min. 00 aac. W 124.56 feet to (5)
an iron peg in the East fence line of the land of Hotfaan; thence
with Hoffman for the following 3 courses N 26 deg. 30 min. UO
see. a 67.00 feet to (6) an iron peg; thonce N 28 rise. 24 min.
49 sec. E 43.0) feet to (7) at. iron pogi thence N 69 deg. 45 min.
11 ter. W 112.79 foot to (a) an iron peg in the East line of
Interstate koute 81; thence with lnterwtate Route 81 N 42 ,ieE.
23 min. 55 sec. E 151.0^ feet to (9) a Concrete Highway Y.arkc,;
thence N 8o deg, 08 min. 57 see. E 96.34 feet to (10) a t.ncrete
Highway markers tlie noa with Road No. 669 8 65 deg, 52 min. 5V
jet, t 60.10 feet to (11) a Concrete Highway Marker: thence 6
,9 deg. 32 min. 19 sec. E 109.19 feet to the point of baginntng,
containing 1.227 Acres more or loses
ll 1-7 M,�K(-HHN I L5
1 tE NU . (0,5 b6b 4695
#May 24,95
6:15 P.62
NMNNiFN�sMNNNNNNNNNNNMa<1,M1! IFkNNIfNIFNNNNNNNNkkkkkNkk
#2738 «
MARY F. ROBERTS, K AIS N
TO; ll®)
HUMBIL, OIL & RHE'1NINa CUMFANY «
NNN#Nk Mk'�,f NMMkM-N+.Ri�NM h i /.+t+� M,t#N+fNNNN,NNNNNNNNNNNNN
a�cK 360 rm t68
THIS DEED made and dated this /"day of December 1969
by and between Mnry F. RobNrte, widow, and Noel, S. Roberts, and j
,une H, Roberts, his wife, and Billy R. Thompson and Lnwilda
E. Thompson, his wife, parties of the first part, and Humble
oil and Refining Company, a Delaware corporation, party of Che
second part.
WITNBSSETH, That for and in consideration of the gum
of Ten ovilars (610,00) and other good and valuable consideration,
the receipt of all of which is Hereby acknowledged, the parties
of tile. filet part do her-'�y grant, bargain, sell and convey with
i
general warranty of title, ea to the tract conveyed by each
individual Grantor, Unto the party of the second part, its
successors or assigns, tha following described property and
appurtenances thereunto belongings
All that tract of land, containing 1.227 acres,
located on the avast side of U. S. Highway No, 11 and on the
South Side of Road No. 669, at Rest Church, and the East aide
of Interstate Routs No. si, and airuate in Stonewall Magistetl8 l
District, Fredetick Ccunty, Virginia, doscribed in the ottach'Dd
plat and survey of Richard U. Goode, Cartified surveyor, dated
loctobet 9, 1969, ae fo310wS:
Beginning at (1) a Conctete Highway l:arkar at the intersection
of the West line of U.B. Highway No, 11 with the South line of
Road No. 669; thence with the West line of U.S. Highway No. 11
for the following 3 courses S 31 dig. 45 min. 07 tec. W 141.25
feet to (2) a Concrete Highway Marker; thence S )2 sag. 25 min.
54 sec. w 25.97 feet to (3) an iron peg; thence 9�r•3a deg. 24 min.
30 sac, w. 11.00 feet to (4) a metal gate poet: thence With the
land of Roberts N 60 deg. 34 min. 00 sec. W 124- 59 feet to (5)
an Iron peg in the East fence line of the land of Hotfm,n; thencu
with Hoffman for the following 3 courses N 26 deg. 30 min. Uu
sac. R 67.00 feet to (6) an iron peg; thence N 28 dge. 24 min.
49 sea. k: 43.03 feet to (7) at, iron pegl thence N f.9 deg. 45 min.
11 sec. W 112.79 foot to (8) an iron pea in the East line of
Interstate Route 81; thence with lnteretate Routc 81 N 42 d.g.
23 min. 55 sec. E 151.0^ feet to (9) a Concrete tlighwAv Y.arkct;
thence N 60 dog, 08 min. 57 sec. E 96.34 feet to (10) a Concrete
Highway Harker; thence with Road he. 669 s 65 deg. 52 min. 59
jet. E 60.10 feet to (11) a Concrete Highway Marker: thence 6
deg. 32 min, 19 sec, E 109.19 feet to the point of beginning,
11containing 1.227 Acres more or lase;
•
is
The Plan Source
Consulting Engineers
Date: May 25, 1995
MAY 1 a95
RECEIVED
P.M. Of, PI01114I44
To: County of Frederick
Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
Attn.: Ms. Jean Moore
Subject: Stateline Exxon Station #2-6442, Clearbrook, VA
We are forwarding herewith for your:
- Review and Processing
TRANSMITTAL LETTER
1 Variance application with fee check #2009 for $275.00
5 Sketch plan
5 Floor plan
1 Revised site plan
8565-C Sudley Road
Manassas, VA 22110
Tel: (703) 330 0954
Fax: (703) 335 9062
- Via: Hand Delivery
Remarks: If you need any additional copies or information please do not hesitate to call
me.
Copy to: File
Mike Specht
Bhoopendra Prakash
SIGNED:
David J. M66ettigan, Project Planner
0
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9
June 6, 1995
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
The Application of: EXXON CORPORATION
APPLICATION #007-95: The applicant is requesting a 87 rear yard variance for storage
and an addition to the existing building. This property is located at 4663 Martinsburg Pike,
in the'Stonewall District and is identified with PIN 33A-A-11.
This variance application will be considered by the Frederick County Board of Zoning
Appeals at their meeting. of June 20, 1995, at 3:25 p.m., in the board room of the old
Frederick County Courthouse, Winchester, Virginia.
Any interested parties having questions or wishing to speak may attend this meeting.
Sincerely,
/ .
Jean M. Moore
Planner I
JMM/dc
107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
This is to certify that *e attached correspondence was Ad to the following on
JUNE 6, 1995 from the Department of Planning -and Development,
Frederick County, Virginia:
jT-.:XXC)N C1'0FW-`0RA'1-:VC)N
F, . C) . x,tyx 1153
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Di'iHA1R EN, MANtJE.I. 'r..
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4692 t AFk1'.:t:i 91--4LjRi:;• F-T'KIE9:
STATE OF VIRGINIA
COUNTY OF FREDERICK
I RENEE' S. ARLOTTA
tederick
n M. Moore, Pla ner I
Co. Planning Dept.
, 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 JUNE 6, 1995
e
has personally appeared before me and acknowledged the same in my State and County foresaid.
Given under my hand this
My commission expires on
6 day of JUNE 1995
AUGUST 31, 1995
0
E
G.I.S. WORK ORDER
Department of Planning & Development
'GIs 9 North Loudoun Street a`
f Winchester, VA- 22601
703-"5-56a1
J
�-� "
The following information needs to be supplied to request production of mapping or graphics from the
Planning Department. DATE 9/3495
DEPART'YLE
N�nd))'ng
r
CONTACT: M n) oz J
- flag
OF PROJECT:
iON
E-X/ '/ rn CDC C) V Af ')' orre ft" (v�
REQUESTED COMPLETION DATE:
— For Planning Department Use —
Materials & Supplies: /Z 6 ` ' Pe�
Keep in Storage? Yes No ✓ Public Use Fee
Total Time Spent
on Project:
Comments: