HomeMy WebLinkAbout02-98 B-K Office Supply - Stonewall - Backfile (2)Variance Request Tracking Sheet:
Board of Zoning Appeals
Date:
Z' ' ? File opened
Reference Manual updated/number assigned
D-base updated
v-"' 12 color location maps requested from GIS
2 -12 -9 9 Two sets of labels requested from Data Processing
2-tz-V
File given to Renee' to update bi-monthly report
MEETING DATE:
CLOSE OUT FILE:
FINAL ACTION:4�p r6yej
3-I � 8 Approval (or denial) letter mailed to applicant/copy made for file
File stamped "approved"/"denied" or "withdrawn"
3 - 2,0f Reference Manual updated
D-base updated
343 99 P"-File given to Renee' for final update to bi-monthly report 3'20- T9
KAWP\CMN\CIG CR\TRACKING.BZA
CASH
RECEIPT
Date 19-0025382
Received From
Address
Dollars $
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VARIANCE
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665-5651
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
M. Finance Department
FROM: Karen A. Cain, Receptionist/Clerk Typist II
SUB--- JET_ Return Of Sign Deposit QA
April 1, 1998
The amount of $25.00 was deposited in line item #10-911-08 for the person named below as a
deposit for a sign for Variance #002-98. They have now returned the sign and are therefore
entitled to the return of their deposit. You may pay this through the regular bill cycle.
Please send a check in the amount of $25.00 to:
RSA/kac
Mrs. Dorothy F. Moffett
P.O. Box 2870
Winchester, VA 22601
107 North Kent Street 0 Winchester, Virginia 22601-5000
,G FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
March 18, 1998
Dorothy F. Moffett
P.O. Box 2870
Winchester, VA 22604
RE: VARIANCE #002-98 OF DOROTHY F. MOFFETT (B-K OFFICE SUPPLY, INC.)
P.I.N. 54-A-82
Dear Ms. Moffett:
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their
meeting of March 17, 1998.
Your Variance Application, #002-98 for a 40-foot reduction (south) and a 45-foot reduction (west),
of the required 100-foot full screen buffer, for the purpose of expanding the existing structure, has
been approved by the Board of Zoning Appeals with the condition that you comply with full -screen
requirements of the Frederick County code.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
Michael T. Ruddy
Planner II
MTR/cc
cc: Building Inspections
0:4AGENDASIBZA\APPR DEN.LTR\MOFFETT.APP
107 North Kent Street - Winchester, Virginia 22601-5000
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BZA REVIEW DATE: 3/17/98
VARIANCE #002-98
DOROTHY F. MOFFETT
(B-K Office Supply, Inc.)
LOCATION: The property is located at 1154 Martinsburg Pike.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54-A-82
PROPERTY ZONING & USE: Zoned B3 (Industrial Transition) District; Land use -
Warehouse/Storage
ADJOINING PROPERTY ZONING & USE:
North: Zoned B2 (Business General) District
East: Zoned M2 (Industrial General) District
South: Zoned RP (Residential Performance) District
West: Zoned RP (Residential Performance) District
Land use:
Sales & Storage
Land use:
Warehouse
Land use:
Residential
Land use:
Residential
VARIANCE: 40-foot reduction (south) and a 45-foot reduction (west), of the required 100-foot
full screen buffer
REASON FOR VARIANCE: Applicant states that the property formerly had a freezer building
unit constructed on it which was removed except for its foundation. The existing foundation is
intended for the purpose of expansion of the existing warehousing.
STAFF COMMENTS:
Since the original development of this property, performance standards mitigating the impact of
development in zoning districts which adjoin properties of a different zoning classification have been
implemented. The proposed addition to this facility is in the direction of land that is zoned RP
(Residential Performance) and is used for residential purposes. Section 165-37D requires that a "C"
category buffer is provided when B3 zoned land is being developed adjacent to land that is zoned RP.
• 0
Dorothy Moffett/B-K Office Supply
Page 2
March 11, 1998
A "C" category buffer would require a buffer distance of 100' with a full screen. The proposed
addition would be constructed directly onto an existing foundation that is located 55 feet from the
RP property to the west and 60 feet from the RP property to the south, thus requiring a 45-foot
reduction in the distance portion of the buffer to the west and a 40-foot reduction in the distance
portion of the buffer to the south. The full screen requirement of the buffer still applies and should
be implemented. In a letter dated February 27,1998, the applicant has stated their willingness to fulfil
this full screen requirement.
The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the board
unless it finds that a) strict application of the ordinance would produce an undue hardship; b) that
such hardship is not shared generally by other properties in the same zoning district and the same
vicinity, and; c) that the authorization of such variance will not be of substantial detriment to adjacent
property, and that the character of the district will not be changed by the granting of the variance.
Staff is of the opinion that the variance requested would be appropriate. This request is unique in that
it reestablishes the location of a previously existing structure as shown on the enclosed plan. In
addition, the implementation of a full screen adjacent to the residential properties will dramatically
increase the level of bufferring provided to the adjoining properties, lessening the impact on these
residences. Furthermore, it is staffs opinion that the approval of this variance would be in harmony
with the intended spirit and purpose of the ordinance.
STAFF RECOMMENDATION FOR 3-17-98 BZA MEETING: Approval
File: O:W GENDAS\BZA\COMMENTS\MOFFETT.BZA
Page I of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1.
MUST BE TYPED OR FILLED
The applicant is the owner
OUT IN INK -_PLEASE
PRINT
. (Check one)
XX other
2.
APPLICANT:
OCCUPANT: (if
different)
3.
4.
0
NAME: pogoTHy F _ MOFFFTT NAME: B-K OFFICE SUPPLY, INC.
ADDRESS POST OFFICE BOX 2870 ADDRESS: 1154 MARTINSBURG PIKE
WTNC:HESTER, VIRGINIA 22604 WINCHESTER, VIRGINIA 22602
TELEPHONE: 540-662-7724 TELEPHONE: 540-662-1824
The property is located at (give exact directions and include
State Route numbers):
East of Route 11, North, next to Preston I. Moffett Distributing Company;
building adjacent is occupied by B-K Office Supply.
The property has a road frontage of 0 feet
of 213 feet and consists of 1,329 acres.
exact) A
The property is owned by _
as evidenced by deed from
DOROTHY F. MOFFETT
(previous owner) Kc!>,
in deed book no. 61z, on page 370 0 K
books of the Clerk of the Court for Frederick County.
a copy of the deed.
d� 7a 'depth
,$lease be.,,-
o% Q J'
4r�p ed Oti
,,�,/
he deed
Attach
l
•
Page 2 of 5
6. Magisterial District: STONEWALL DISTRICT
7. 14-Digit Property Identification No.: 54-A-82
8. The existing zoning of the property is: B-3
9. The existing use of the property is: Warehouse Storage
10. Adjoining Property:
USE ZONING
North Sales
& Storage
B-2
East Warehouse
M-2
South R Si
d nti al
R-P
West Residential
R-P
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.")
VVV
�01 daw)-k ,
ttr(,u t�i'cS
Request is made
to allow the extension
of the existing building; the request
I:t%v1 fjED o�
(L,C.c Sc,2F6rJ $urPef-� r ttl,
variance is the
reduction of the set ac
of 100 ,
§165-88), to a) to 60
1
the Smith ;1roppr_ty
line and b) to 55'
on the West
property line, (see the
attached drawing).
(10 - 3 -7 2�
12. List specific reason(s) why the variance is being sought in
terms of:
exceptional narrowness, shallowness, size Pe of
property, or 1
exceptional topographic conditions or other extraordinary',i
situation or condition of property, or w.�
the use or development of property immediately adjacent
thereto
The property formerly had a freezer building unit constructed upon it which
was removed except for its foundation. The existing foundation is intended for
the purpose of expansion of the existing warehousing. The variance is sought
because of the use of the building on the subject property.
13. Additional comments, if any
0 •
pp" 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 notifd by mail of this application:
Audrey L. Lilliard 1086 Martinsburg Pike
NAME Judith S. Beckett Address Winchester,Virginia 22602
Property ID# . 54A-1-18
NAME Mildred L. Willingham
Property ID# 54A-1-19
1098 Martinsburg Pike
Address Winchester, Virginia 22602
1114 Martinsburg Pike
NAME Mark W_ Armal Address Winchester. Virginia,: 22602
Property ID#
54A-1-20
1118 Martinsburg Pike
NAME David A. Fahnestock Address —Winchester, Virginia 22602
Property ID# 54A-1-21
NAME
Property ID#
Address
POST OFFICE BOX 2870
NAME PRESTON I. MOFFETT Address WINCHESTER, VIRGINIA 22604
PropertylD# _SG—A—R3 c/o PROPERTY THREE LAKES DRIVE, NF217
NAME KRAFT GENERAL FOODS, INC. Address NORTHFIELD, ILL 60993
Property ID# 54-A-36G
NAME FORT COLLIER GROUP
Property ID# 54-A-36I
NAME
Property ID#
NAME
Property ID#
6231 LEESBURG PIKE, SUITE 600
Address FALLS CHURCH, VIRGINIA 22044
Address
Address
Pap 5of5
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 J DATE / - 3D - ?f
DOROTHY F MOFFE ,
SIGNATURE OF OWNER At"'-4 _� DATE / - 3 D J9 F
(if other than applicant) DOROTHY F MOFFET , 1996
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF 3 - / � - / Y ACTION:
- DATE -
APPROVAL SIGNED:
BZA HAIRMAN
DENIAL DATE: 3' i 7- l 9'
•
Preston I. Moffett Distributors, Inc.
P.O. Box 2870
mob° b Winchester, VA 22601
o,
(703) 662-7724
February 27, 1998
Frederick County Board of Zoning Appeals
Department of Planning and Development
107 North Kent Street
Winchester, Virginia 22601
ATTENTION: MIKE RUDDING
RE: Preston I. Moffett, Inc. Variance Application
My File No.: 9813-0018
Dear Mr. Rudding:
E
The undersigned applicant, Dorothy. Moffett, would hereby proffer as an addition
to the Application for Variance pending in this matter, the fact that the applicant would be
willing to fully screen, as required by the Frederick County Zoning Ordinance, the
property for which the variance is sought from the residential property lying to the West
and the South of the subject land.
Please consider this letter as part of the application for the variance.
Very truly yours,
4
Dorothy Moffett
,LO i 3
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PRESTON I.
MOFFETT ET'LTX.
TO • :
DEED OF GIFT
p q*�
DOROM F.
MOFFETT
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eK614Pc37
THIS DEED OF GIFT mado this _'day of February,
1986, between PREST'ON I. MOFFETT and DOROTHY F. MOFFETT, his
wife, of the one part, hereinafter called the Grantors; and,
DOROTHY F. MOFFETT, of the other part,•hereinafter called the
Grantee.
WITNESSETH: That for and in consideration of the sun
of One ($1.00) Dollar and other good and valuable consideration,
receipt whereof is hereby acknowledged, the Grantors do grant
and convey with General Warranty and English covenants of title,
unto the Grantee, in fee simple, all those five (S) parcels of
land, together with the rights, rights of way and appurtenances
thereunto belonging, lying and being situate in the County of
Frederick and the City of Winchester, Virginia and more par-
ticular described in SCHEDULE A, attached hereto and as a part
hereof to which reference is here made for such description
and.dorivation of title.
This conveyance is made subject to all easements, right
of way and restrictions of record affecting the subject property.
WITNESS the following signatures and seals:
(SEAL)
Cston
•� (SEAL.
Dorothy o��
W,
S
. •Y.y
s
Amaaeaew LAestea
a LAANKK
�ww�•w w w
01
PAA= ►a 1- Ali that Uul*il GjjtL paspi of land. -
togathat With all laprovestmts thereon and all rights, rights
Of way and apiuttanances thereto bsWngin9. lying and being
aicutto it gwnw'%U gt"ater"I District, hedarck mtn
VirVLnia, containing 1.391 sass, dasigmted as Parcel op
On wt osruin.p"t aid �Y of 0"�.g. Shortt, C.L.S..
ttaChad to and made part of that certain dead fma ckcporatlaft to ►btfatts, dated hpril 16, 1166, and t000rded 1n the Clark'a
Office of theClr-it Court of rrodatuk comty. Virginia, In
Dood book 3270 at Page ql. to90thor With a U foot right of
%1ft*!dc"� eifd aeroaa w tmtintding land of the Ctsporatian
in+9 tnttM Qly and wataaly to U.S. Mbuto 1U# and a
dlrOt Of Y 20 foot in width lending in a'souUmcaternly
tho same along the S. 6 0. Aailtood right of %OY1 and babig
_ PtapY to ►bffstts by load of tho
"0 Clack,a 0lfus L Dead gook 1966,
27, t pop 6 1. Mho atcoo•
F'sVo �11.
373
1
I
i
PARCEL NO. S - All of those Certain lots of land, together
With the improvements thereon and all rights. rights of Way
and appurtenances thereto belonging, lying and being situate
oa the Last side of Braddock Street to the City of Winchester•
Virginia, dssignetad ASLot Nos. 2 and 3. in Block 9. ofthe
J. M. and L. L. Wenry Subdivision. recorded in the Clerk's
Office of the Circuit Court of Frederick County. Virginia. in
Dyed Book 220 at pages 490 and 491; each of said lots fronts
SO feet on the test side of South Braddock Street and extends
is so Gstermly direction for as *van Width for a distance of
128 feet. This is the saw property Conveyed to the Grantors
berets by Dead dated March IS. 1968. from Preston 1. Moffatt
Distributor. Incorporated. said deed of record in tbs efornsaid Clsrk's Office is Deed Book 3400 Page 207..
flaw" FKgOr-- mom. im
.• Tem well
rwtel wt paifaetd M nn• an eM �M
! // j� /mil •wf +M errWloMt of 8d0Q b fte.wt Mneb w• awom f
/ , t
l •
sa_
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is ..
�Sr
a�•
at+.am
ampmw% •mage&
S `4
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1
IK614Pc372
ICMtttpt[ A
Pam ID. 1 • Au of eat osctaL ut cc /noel et Lad
OOMtalaing 7 Acm. 1 Mood Mod 7 59mro Poles, non Or Lea,
1rLq nd baLq alwrt� along CAM MoutlwMtMm *I" of
IY 's tan., in the City of uLach "ter, loss lticos r
abort ens adla vet of Mindcntar, is t� District,
hederid Oocates, Virginia) I
PAP= M 2 • All of that Oactaln lot er pascal of Lad,
IYU* itetdiately nOrdIdaat of and adjacent to tan Above
dosoribod lot of lane, fronting an the southeastern ales at
Herrlmcn•s Luca a distams of 65. feat, and sdatding brdc
south ubmrd a WILL=.eddth a distance of GM teat to tea
land of Pws padw in'tlta mart
tAAC2L 10. 2 All teat certain pascal of Lad oantalnteq
4.2 a=", aura Or lass, lying and being aitnata adjeaaat to
and joinleg taxed 1b. 1 above is the City of Mtncheaw.
Virginia, acts pactiOuiM=ly described Y tO1lams bmagi in.•
• at the d of the l6• Last 200 teat Jim of a 7 Aans, 1 Hood
et
atd 7 Poles tract described in a doed of relapse free the
Tadaral Ltd bank of baltlacce to Alvin S. PmWacicer, at
ux, dated January 23, lf/p, and nooxded in the Aforesaid
Office In geed book 11/, at Page 512. srd nanitq thanee f m
pod point of bogiming a]anq the southeast lie of lot
Orned by J. L. Pemypadw. lot ardd by Paul Harlan, Aid
lot 0-4d along be r ntMILILM division 1� aw aadaSouth 6• West 650 Leah ttrnog
_ thxwgh Lu+ds of Maid
6 Alvin
1rdw and (2) North 340 tut.450 fee(11 t to the eou0ethatnpt
Oomer Of. the atorsuid 7 loss; 1 Mood and 7 Poles tract.
POW w+ nad by Preston=. lbttattt tbanm with a 11rr of acid
tract tiversad. worth 564.Heat 604 feet d ircrtcaa to tea poLtt
!d Place oL bsgirstirp•1
.Pawls Ilo. 1 srd 2 being the near raatty.COrmrjed
to noffetts by deed. of r& dd P. Turner, et'me dated
.Oetcbor 27, 1951, Mnd remmW in the Ci6k`s office Of
the Citmit Brat CS Frederick Counts. VirgiAia, in Grad
Sock 221, at Page 15; erg Parcel Ho. 2 bairq the Seer
raaltY omweyed to Hoffetts by dead of Alvin e.
POWMpackarle te• At Occ, datad Dmacbw 21% 1156, atd sects d
eaWd awe actor is Ole&31{, at AaOe
abook..
v W.
R - - - - - - - - — - - - 777717777.,
6K 6 11 4 PG 3 7
sTATZ OF -Z*WpKoUnty VIRGIOfNIA, AT-LAR to -wit:
The foregoing instrument was acknowledged before as
1986, by
this day of Preston I. Moffett and
Dorothy F. Moffett, his wife
May comission expires
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117
Application Process Evaluation
We would like to learn how we might improve this process. Please complete this form and
submit it to the Planning Department. You can submit it to us separately from the application if
you wish. You may submit it anonymously.
1. Which type of application did you complete?
Rezoning Site Plan
Master Development Plan Subdivision
Conditional Use Permit Variance
2.
Which part, if any, of the application process did you find particularly difficult? (Check as
many as you wish.)
Completing the application form
Tax verification
Agency review comments
Adjoiner identification information V
Other (Please specify)
3. Did you have a iscussion with a staff member before submitting the application?
YES NO
4. Were you able o receive the assistance or information that you needed from the staff?
YES � NO
5. What portion of this process took the longest for you?
Completing plans
Completing the application
Tax Verification
Agency review comments
Other (Please specify)
6. What do you think could have been done differently to make this process quicker?
7. Do you have any suggestions about what we could do to make this process work better?
May 17, 1"6(KAwp\cmwbah_coapplicrev)
Mapping & Graphics
S Work Request
Frederick County Department of Planning and Development
DATE:
REQUESTING AGENT:
DEPARTMENT/AGENCY:
ADDRESS:
FAX:
E-MAIL ADDRESS:
DESCRIPTION OF REQUEST:
. �r.N. 54--A-sue.
REQUESTED COMPLETION DATE:
COST OF FINISHED PRODUCT:
yr �
r
PHONE:
UA21�}N�6 #-ooa- q�
(3-K f`>ffice Supply
- PROJECT TRACKING -
DATE INITIALS
PROJECT REQUEST RECEIVED:
PAYMENT RECEIVED:
FINAL PRODUCT DESCRIPTION:
PROJECT COMPLETION DATE:
PROJECT DELIVERY/PICK-UP:
MATERIALS AND SUPPLIES USED:
ESTIMATED STAFF WORK TIME:1`.-,'
NOTES:'
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
HUM KAMN Jr PUBLIC r1EARP ! IG
March 3, 1998
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #002-98 OF B-K OFFICE SUPPLY, INC.
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified'of a public
hearing being held on Tuesday, March 17, 1998, at 3:25 p.m., in the board room of the Frederick
County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to
consider the application of B-K Office Supply, Inc. for a 40-foot reduction (south) and a 45-foot
reduction (west), of the required 100-foot full screen buffer, for the purpose of expanding the existing
structure. This property is located at 1154 Martinsburg Pike and is identified with Property
Identification Number 54-A-82 in the Stonewall 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 II
►I�*-M
O:WGENDAS\BZAWDJOINER\B-K OFFC.BZA
107 North Kent Street - Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
31, / 9 9,F from the Department of Planning and Development,
Frederick County, Virginia:
54 - A. - 82. £ $ 3
MOFFETT, DOROTHY F/PrP -5 °OA
PO BOX 2870
WINCHESTER, VA 22604-2070
54A - 1- - 18-
LILLARD, AUBREY L
1086 MARTINSBURG PIKE
WINCHESTER,VA 22602
54A - 1- - 19-
WILLINGHAM, MILDRED L
1098 MARTINSBURG PIKE
WINCHESTER, VA 22603.4932
54A - 1- - 20-
ARMEL, MARK W.
PO BOX 3039
WINCHESTER, VA 22604.2239
54A - 1- - 21-
FAHNESTOCK, DAVID A
1118 MARTINSBURG PIKE
WINCHESTER, VA 22603-5424
54 - A- - 36-G
KRAFT GENERAL FOODS INC
CIO PROPERTY TAX DEPT
THREE LAKES DR NF217
NORTHFIELD, IL 60093
54 - A- - 36.1
FORT COLLIER GROUP
6231 LEESBURG PIKE STE 600
FALLS CHURCH, VA. 22044.2102
B-K OFFICE SUPPLY, INC.
1154 Martinsburg Pike
Winchester, VA 22602
Michael T. Ruddy�`epartment
nner II
Frederick County Planning
STATE OF VIRGINIA
COUNTY OFF,R�EDERICK
I, ��L f (�7 In Oa- It , a Notary Public in and for the State and County
aforesaid, do hereby certify that Michael T. Ruddy, Planner II for the De artment of Planning
and Development, whose name is signed to the foregoing, dated 3 • T Iq9 8 , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this 3-d day of
My commission expires on FL-D l-1 a U M 1
NOTARY PUBLIC