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HomeMy WebLinkAbout11-95 O. L. Payne - Stonewall - Backfile (2)7) UP Ple ,-7) q5 0, fderej od- 7�n�95 G'defea Lnc.i�1GP- 7/r lye �av� {i1e ,r�cul IuJPq�� -7/) 7/ c' 5 h�- 6mmd� - RECEIPT 024572 AMOUNT DUE AMOUNT PAID BALANCE DUE PAID BY 0_r ;SH CHECK OTHER FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT " P.O. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 DATE I RECEIVED FRO r �� �anr 0 n � ADDRESS THE SUM OF FOR o BY 1. DAY -TIMERS RE -ORDER No. 3221 — Primed in USA COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/ 678-0682 August 16, 1995 O.L. Payne Payne Well Drilling P.O. Box 160 Stephenson, Virginia 22656 RE: VARIANCE APPLICATION #011-95: 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 August 15, 1995. The Board of Zoning Appeals approved your application for a rear yard variance of 18' and a landscaped area of 8% for the construction of a storage building. If you have any questions regarding the approval of this application, please feel free to call this office. Sincerely, %, 0). AA W. Wayne iller Zoning Administrator WWM/dre cc: John C. Lewis, Lewis and Associates 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 BZA REVIEW DATE: 08/15/95 VARIANCE #011-95 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 a reduction of the rear yard setback from 25' to 7' and a reduction of the minimum landscaped area from 25% to 8%. REASON FOR VARIANCE: The applicant states that the exceptional narrowness of the lot requires that the proposed 44'x 60' storage building to be located 7' from the rear line to accommodate truck traffic. He also states that creating more than 8% of the landscaped area will eliminate areas presently used for storage and traffic circulation. STAFF COMMENTS: The applicant wishes to construct a storage building to house equipment including large vehicles used for drilling. Staff does not argue that this would enhance his property, since it is against the Code of Frederick County to store equipment outside unless it is screened from adjoining properties by a fence, berm, or dense landscaping. This board has already waived the screening requirement for the applicant to reduce the cost of constructing a fence. Now the applicant wishes to reduce the setback and landscaping requirements. The applicant has not shown that he cannot meet the setback requirement. The building footprint of the lot consists of 11,900 square feet. The 2,604 square foot storage building 0 • Page 2 O.L. Payne Variance can be situated in this footprint with ample room to maneuver trucks. The applicant states that the landscaping requirement will severely inhibit the use of the land. The applicant wishes to store additional equipment on the property, however please keep in mind that outside storage is prohibited unless it is screened from view. Staff is willing to reduce the landscaping requirement to 14% if the applicant is willing to provide screening. Staff understands and appreciates the efforts that Mr. Payne is making to better his business. We also feel that the applicant must make some effort to meet the Code of Frederick County. Variances are granted in a true case of hardship and not on the basis of convenience. STAFF RECOMMENDATION: Staff recommends denial of a 18'side and rear variance. Staff recommends reducing the landscaping requirement to 14% if the applicant will provide full screening around the property. SIMW` .. Z MAME -OW `1� sw ..moo E • 0 page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. Submittal Deadline Submittal Date For the meeting of =. Fee Paid yes Sign Deposit yes initials: Sign Return Date: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other X . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: '�4j , . L(�Lote=' NAME: ZLK.Ll0e2 L. 'C16'- oe ADDRESS 2G{ (�. ��cLP.i7�/ �'r ADDRESS: `�.O • P50X Vlwcl eV- VA S�nnoivu ,VA ZZ(O 5& TELEPHONE: 703 iZZ TELEPHONE: 7 3. The property is located at (give exact directions and include State Route numbers): -F�r.C�e3 l( (f.t �'fvPF IJ VQ A,T a (9 e bF x_U; ti16 . 4. The property has a road frontage of 15Meet and a depth of y(p feet and consists of 1.0 acres. (please be exact) 5. The property is owned by 0 - L , IJG-;' as evidenced by deed from /Aspw y{ e,&µq7yeTier,( le. recorded (previous owner) in deed book no. 71V45 on page 15-&C-1 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. 0 0 page 2 of 5 6. Magisterial District: s"�c fAO \P4-LL 7. 14-Digit Property Identification No.: 1E,4—A-57 8. The existing zoning of the property is: �Al 9. The existing use of the property is: (,y3Lt- -T-D Z1L-L,1aCJ 10. Adjoining Property: USE ZONING North Ikk Aket2z I Ad - East L�µa 'p"-Y- IMlar l South Woo L lie PA4k-sGALV-' PA4 t i 137- West I, -,quo Aa Q 01, 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 tze:t2oo-BOO 6? r T4 as z- yn � ��F3y�r -r-CF&M z-s' To 1'— ? 1 A �17�GTco 1J OF:+3 tAA11J11kkVtJA I4JT:>6D �Y fi ttZo cv� Z• �a`3l `y/o - 6 4,6 - &3 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 A) 14r, exe or�cw o-L aG i-4-e LPT Vueot aes TdAer TM- � n air Irby ' htolZiM NEAL42- kV -M � rdr� '1 ` �IZo► -n �© IZaa,e ( 100 -y ► ,CCam"T2A,<5r VL9CV- rtV-APfte- ��e t�� �o►� [tk+Au Y�'/ G oo AVO W4 , 9L(tgoAA�-ra A- eTA-s Pawe,* -1 VSL,-r.-, P:"e 13. Additional comments, if any '' �. ►�aiCt�6�es� �_ Zc�sc�".� �I ���%Lp�r.� '�dZx�-w i ti�C-, '-' 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 Addres Proper Addres Proper Addres (zo�,1pL� S• 5 ISM �{�(X1 tTc� } S l L Proper Addres proper Addres Proper Addres Proper Addres Proper Addres Proper Addres Proper Addres Proper Addres Proper ty IN � c} v s . tj �� 464 A ee,ty M I �� r�l,�Elt�stL 2 V Ar Z Zl� I ty ID# s VA ty ID# s ty ID# s ty ID# s ty ID# s ty ID# s ty ID# s ty ID# s ty ID# Page 5 of 5 AGREEMENT 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 19- SIGNATURE OF OWNER DATE �d•- (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: DATE - APPROVAL DENIAL SIGNED: DATE: �fMMkYMMMN*fFM if iF MiFN lfMMMMlFM ifNM{{{,M {FMNMMkk i * 112668 * TIIISiANDOAH CONSTRUCTION COMPD� * OLIVM- L. PAYNE LT UX " aool; 305 Pact 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. :TART, PARTNERS trading as, and doing business as SHENANDOAH CONSTRUCTION COMPANY, parties of the first part, and OLIVER L. PAYNE, 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, WITNESSETH, that for and in consideration of the sum of Ten 010.00) 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 °•lartins- 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 ^^ 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. 1.1 - with the southwestern line of a 10.0 foot right-of-eay over the southwestern portion of the property hereby conveyed 410 feet to an iron pin in the southeastern highway coundaryy line; thence with the said line IJ 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 Stonewall Magisterial District, near Stephenson, it being the same tract of land conveyed unto Shenandoah Constructi; Company 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� aooK 305 PAGE 5G5 ,ircuit Court of Frederick County, Virginia, in Deed Book n304, at page #422, SUBJECT to the right-of-way indicated on the aforesaid plat, land other rights -of -way of record, NELLIE M. MORRIS01*1, the wife of William A. Morrison, JA:IICE R. ARSONS, the wife of Guy M. Parsons, and MI11NIE E. HART, the wife f Ervin E. Hart, unite herein and execute this deed for the pur- 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 right to convey the property hereby conveyed unto the said parties :)f the second part, that they have done no act to encumber the said' Property, that the said parties of the second part shall have quiet possession of the same, free and clear of all encumbrances, and tnat they will execute such further assurances of the said property as may be requisite. Witness the following signatures and seals, this the day and i year first above written: (SEAL� TRADING AS, AND DOING BUSINESS AS SHENANDOAH CONSTRUCTION COiLPA1iY i CtY1J_��I�-�1 W)---------- (S?!.L) I ----------- ^^ ( or..1i BOOK 305 PACE 566 STATE OF VIRGINIA, COUNTY OF Gi,ieFiKF,, to -wit: This day personally appeared before me, � A • )//&/ a notary public in and'forthe County and State aforesaid, 1,1,illiam A. Morrison, Guy M. Parsons, and Ervin E. Hart, Tradin; as, and Doing Business as Shenandoah Construction Company, and Nellie M. Norrison, wife of William A. Morrison, Janice R. Parsons, wife of Guy M. Parsons, and Minnie E. Hart, wife of Ervin E. Hart, whose names are signed to the foregoing writin:; bearing date on th .Zf7�1 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 day of November 1964. Y Z�- -------------------- Notary Public. My commission expires Li -'l r--,. • KE LAND 5- 580 S 42'E-160.0' W YO U. I CC l� - cc ::)CD ED I . Z — IX Q N F0 HERMAN J. DYKE tp TO DEED t` B. BLAIR WEBBER 22 JANUARY, 1963 = DEEDBOOK 265 PAGE599 n 0 O ■ `IRON RIN - VT. BC O. O O C N W p d 2 1.205 AC. U G to C) V) 7 C �o wt -� Ll LEI U ti I,J _ S 42' E-250.0' 10' _ O 2 IRON o1N DYKE LAND I DYKE LAND 255-580 255-580 AND 292- 18 e The above Plat is a Survey of the Land conveyed to Shenandoah Construction Company by Borman J. Dyke by Dood dated 10 October 1963 in Died Book 304 Page 422. The acid Land fronts the Southeastern Highway Boundary Line of the N,artinsburg Pike - U. S. 11. near Stephenson, and lies in Stonowall Distriot. Proderick County. Virgintat Beginning at an iron pin in the Scuthoaetorn Boundary Line of the Martinsburg Pike, a corner to the 2.91 Acre Tract conveyed to B. Blair Webber (285 - 599). running with the ttro following linoB of the said tract S 420 E - 250.0 ft. to an iron pin) thonco R 480 E - 200.0 ft. to an iron pin oornor to the Dyke Land) thonoe with the three following lines of the said Dyke Land S 420 E - 160.0 ft- to an iron pint thence S 480 W - 250.0 ft. to an iron pint thence N 420 W - with the southlloct- ern line of a 10.0 Ft. R/W over the southwestern portion of the Survoycd Land - 410.0 ft- to an iron pin in the Southeastern Highway Boundary Line; thence with the said Line IT 480 E - 50.0 ft- to the beginning. Also shown on the above Plat is the said 10.0 Pt. R/W over the southwostern Portion of the Surveyed Land. Also shown on the above Plat (by Dashed Linos) is a Triangular Portion of the Surveyed Lsnd that wad Conveyed by Herman J. Dyko to Ruaeell 1. i'.00L,6non1th by Deed of Correction dated 16 April 1963 in Doed Fook 291 Pa6e 155 AIiD was Convoyed by Ruccoll 1. Rookenamith to Porm-r-n J. Dyko by Dood dated 13 August 1963 in Dood Book 2292 Pago 188. Containing - - 1.205 Acres. Surveyed - - - I7ovorbor 2, 1964. Lv A. Cortifiod Land Surve or, ___...Conn. of Virginia N N84. WGINIA FREDERICK COUNTY, SCT. b trehvmol writing wo. produced to me on the Odoy of arm O O and with xr£1 0! c,'�mwl��^_y IScrclo annexed waf odmiYod to record -'„�R t n/IF y oYkE-,' cen/o, :• BK 6 0.5 P 6 2 6 f •E� ' s as•cn•ao•w.' roe. rs'' •; .'... m.�s• 'sse•a�• ,' :. s ar•cr7'w pA p ACRESI'�,' I� I' Y I• + i ` � , h.i'" t= '• tif.•y, � VI � �,• 1•'� '�.. .+l�l:.;.' �•�';':- ;,?il.,.POET.A/NED•�'�PO�PT(ON+;X:�""�5;~ �'; �•:'•:��' r• JJ�ryc^:r w•,r�l h•w ^�M .-"^� � ;'r-.y.•.,s,•. ..r.-•...+,...:v (�;rK'.;`Q• �'�'�A„'�•'��►7►� o I II S TE.oNENSON. GROC. susotvistoN vED I 9U NADIIIINDATOR U. S ROUTE •. // . ,� � '' v1.er of F,�.LTIi pf A R9+PT/ON OF Me C.INO . OF �K. �iic�yY' Y . V (,�}fllMil;ATE No. . 7 �....: ';, '.�';VNC..W,4zt Ourelcr, iriPE�.P/CK �y Vi4: .�+ ryd.lj3 (n1966 •..<r';:.' �.: SC+OLG� /;.� SO.'-AUG 9e5 •. " a �' ' •� �• +' �P+PEPA+PED BYE � � - a� " c� EAND `�R + ' « e G'PNW4Y �E1V�,/NEF P/tiL^ +/ND• SUOv£Y/NG. CO.,+//4L' �' I \LLJi- I a u _ 7C M . { 292 `�` �`� •. TON W L DISTRICT • �^ 0 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 August 1, 1995 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: O.L. PAYNE APPLICATION #011-95: The applicant is requesting a reduction of the rear yard setback from 25' to 7' and a reduction of the minimum landscaped area from 25% to 8%. This property is located on Martinsburg Pike (Route 11 North) at the O.L. Payne Well Drilling Office in. the Stonewall District and is identified with PIN 44-A-57. This variance application. will be considered by the Frederick County Board of Zoning Appeals at their meeting of August 15, 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, 9ean 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 AUGUST 1, 1995 • correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: -A ice.. CJ:A Tit I WAM 'I it JACK I ;N N+ ''VA 22656— f .. a. 4 ( - - N 'At'! OA +Ilf�fir o. V'A J -- --- -4 1 A � \ RPOH PAYNE STATE OF VIRGINIA COUNTY OF FREDERICK I, can M. Moore, Planner I Frederick 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 has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this day of My commission expires on NOTARY PUBLIC ti 25A �ry0� r ��Q saa 33 0 � 25 3 Pls. 25 3 Dls. y� 26 � q 3 25C 30C bA Oia Rt S 306 32 3� � RFD 0 AK R O,q0 30 328 78C36CCross BM 97 1 3 36 1 43 1 42 44 1 \ _/ 6 Rti 693 7 8 4 =1�16=1 15 \ 15A 5C 158 16,17 I540�5 ti G.I.S. WORK ORDER Department of Planning & Development 9 North Loudoun Street'GIS } f Winchester, VA 22601 703-665-5651 " The following information needs to be supplied to request production of mapping or graphics from the Planning Department. DATE DEPARTMENT - CONTACT. Un I Pe PHONE: DESCRIPTION f (InP'I ) �\ l cn-yt u) V 1 I� �I a� OF PROJECT: 1 REQUESTED COMPLETION DATE: ..I — For Planning Department Use — Materials & Supplies: Keep in Storage? Yes No v� Public Use Fee Total Time Spent on Project: Comments: '2 S kc5 Se -A p --� 'P t A-� ,,,,' o 7--31-2 rI COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM TO: finance Department FROM: Karen A. Clark, Receptionist/Clerk II o SUBJECT: Return Of Sign Deposit 1 p DATE: August 17, 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: Lewis & Associates 52 East Piccadilly Street Winchester, Virginia 22601 Please contact me if you have any questions. RSA/kac 1.07 North Kent Street Winchester, VA 22601 M P.O. Box 601 Winchester, VA 22604 rl7 '�/ ,�4-� ;1 - 1 ,.� ��`' �■►- :fir 8-SOUTH SIDE - TO BE SCREENED s �- w 1'