HomeMy WebLinkAbout03-98 M M & O Partnership - Stonewall - BackfileVariance Request Tracking Sheet:
Board of Zoning Appeals
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FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
March 18, 1998
0
M M &,Partnership
Attn: Larry Orndoff
812 N. Kent Street
Winchester, VA 22601
RE: VARIANCE #003-98 OF M M & O PARTNERSHIP; P.I.N. 54-A-64
Dear Mr. Orndoff:
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, #003-98, has been approved as amended for a 1.11-foot side yard and
a 15-foot rear yard setback variance to construct an equipment and material storage building. This
action would entail the removal of one storage unit, the removal of which should be completed
immediately.
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
O:\AGENDAS\BZA\APPR DEN.LTR\1NM0 PRTN.APP
107 North Kent Street - Winchester, Virginia 22601-5000
3-ZA U(qR►�NGt -W 03 - 9`6
MM&C) P7�R*j-t2SHIP
3z� U R�l�ivcL oo�- MM o ?, -2SHIP
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BZA REVIEW DATE: 3/17/98
VARIANCE #003-98
M M & O PARTNERSHIP
LOCATION: The property is located at 812 N. Kent Street.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54-A-64
PROPERTY ZONING & USE: Zoned M2 (Industrial General) District; Land use - Retail and
Electrical Service
ADJOINING PROPERTY ZONING & USE: Zoned M2 (Industrial General) District; Land use:
North and East - Lumber Mill and Storage; South - Chemical Manufacturing; West - Food Processing
VARIANCE: 1.1 P side yard setback variance and a 21.82' rear yard setback variance.
REASON FOR VARIANCE: The applicant states that the narrow width of the property prevented
the building from being set out any further, and to maintain parking in front of the building.
STAFF COMMENTS:
Within the M2 (Industrial General) zoning district, the side and rear yard setback is 25 feet. As is
evident on the accompanying plat, there is an existing building located 4.94' away from the side
property line. This existing building is legally nonconforming. Therefore, any other building located
on this property may be located as close, but not beyond, this legally nonconforming side setback
distance of 4.94 feet.
The storage building for which the variance is being sought was constructed without the aid of a
building permit and the required site development plan, and is located in violation of the 4.94-foot
side setback by 1.11 feet, the distance of the side yard setback variance request.. The storage building
is also located 3.18 feet away from the rear property line. This is in violation of the 25-foot rear yard
setback by 21.82 feet, the distance of the rear yard setback variance request.
M M O Partnership, Inc.
Page 2
March 11, 1998
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 inappropriate as an undue hardship does
not exist. This property, although relatively small for a business of this scale, has been continually
used for business and industrial purposes. Denial of this variance would not unreasonably restrict the
use of this property. A smaller storage building could have been constructed on the property in
conformance with the existing setback requirements, without the aid of a variance. Furthermore, it
is staWs opinion that the approval of this variance would not be in harmony with the intended spirit
and purpose of the ordinance.
STAFF RECOMMENDATION FOR 3-17-98 BZA MEETING: Denial
File: O:\AGENDAS\BZA\COMMENTS\MMO PART.BZA
•
0
Page i of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Sit ti`. Return Date.
MOST BE TYPED OR FILLED OUT IN INR - PLEAgE__FRINT
1. The applicant is the owner ,/ other . (Check one)
2. APPLICANT:
OCCUPANT: (if different)
NAME: M M "i O Ep_vA jP NAME:
ADDRESS BIZ. t 1, ICt4j( ST"j-z ADDRESS:
�tNW►Q STCL.cL VA Z�ol
TELEPHONE: ��J�y6(!Z-SGfc, TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
812. tyocv%-a S "
o
4. The property has a road frontage of '�� feet and a depth
of Z11.90 feet and consists of p.3(, acres. (please be
exact)
5. The property is owned by M M ` U Pori=c�t��s►►,�
as evidenced by deed from GAI,,,h jD V.. Prow, so.. recorded
(previous owner)
in deed book no. 808 on page 1¢59 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: STOVIIE.WAu.
7. 14-Digit Property Identification No.: Sc1 LAB �.d
8. The existing zoning of the property is: 1-j2
9. The existing use of the property is: VF--(N►L EUcnw,,„-. SrzjW,UL
10. Adjoining Property:
USE ZONING
North LA3V%t .0., µO.. 5c .rapt C12
East M(ILAL, HA.., r1Z
South hAn4JPAWVU' 0 t 4
West Faor> ? acc_s4,-3,, t-t Z
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.'
5 � ►� C Y� «D .�
A►. 5�0� `i�rt� VAtL+1�,.x,� Fort �,(?u�PM�s n�+o N(1;�r�u.
sroa,4G� L3��w „ac, .
� - •T, M P4 - N E2
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
11-tf. ►aaa.Q.uw w r pna r►�,E P a ���,� -ry Ya.E�J��„,�t�t o x - E.2
F Uc.k (�, c� 5 rLr UV -r N-.J y C J 4A A CJL /f.yp TO t- A hs-rM O PAX-V-A 4(A
►,4 chit, r aF rA L gU%,-p�►JcA AV�WA"M"-.r w%ra TIA& aka..
peps 3 of 6
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:
NAME �P. Caw►-�V�t l_.,,)tAz m Cow. Address ?. U. Ggy. 2280
J/a z,24W
Property ID# �A • !� - l,5 �'1Z�1 rwp A��-�3�)
NAME / ,� �a ��na M. 'S r��tw(L Address 1gbk, rs. 1Lg,,,i� ` Asti- Lrx, v
Property ID# �-:4- A- (, K
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Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
Address
Address
Address
Address
Address
Address
Address
Address
•
PIV S of S
AGREEMENT
VARUNCEN,003—qq—
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
(if other than applicant)
-OFFICE USE ONLY -
BZA PUBLIC HEARING OF l l — 1 D ACTION:
- DATE -
APPROVAL SIGNED:
DATE
BZA CHAIRMAN
r
DENIAL DATE:
FREDERICK COUNTY
.'Beginning at a point in the northern highway
boundary line of the above mentioned highway, which
point is 275 feet measured southwardly from Stine's
northern boundary line, said lot having a frontage of
100 feet on U.S. # 11 and extending northweetwardly
at right angle between parallel lines a distance of 423
feet on the northern side and 447 feet on the southern
side to the southeastern boundary line of 20 foot
strip reserved for a roadway, the rear width of the
lot being 102. 8 feet. "
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8K(90�]i111 h 59
THIS DEED, made and dated this 15th day of November, 1993, by and
between GARLAND R. PECK, SR. and MARTHA JANE PECK, husband and wife,
hereinafter called the Grantors, and M M & 0 PARTNERSHIP, a Virginia
general partnership, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the sum of Ten Dollars
and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantors do hereby grant and convey, with General
Warranty and English covenants of title unto the Grantee, in fee simple, as
specific partnership property, the following described real estate together
with the improvements thereon and the appurtenances thereunto belonging:
All of that certain parcel of land situated in Stonewall
Magisterial District, Frederick County, Virginia, on the
east side of a proposed extension of North Kent Street,
containing 16,642.5 sq. ft., more particularly described by
plat of survey by Richard U. Goode, L.S., of record in the
Clerk's Office of the Circuit Court of Frederick County,
Virginia in Deed Book 205 at page 403; and being the same
property conveyed to Garland R. Peck, Sr. and Gladys G.
Peck, husband and wife (she having since died) by deed dated
April 8, 1964 from Edward S. Moore and Lavelda Moore, of
record in the Clerk's Office of the Circuit Court of
Frederick County, Virginia in Deed Book 316 at page 683.
Reference is hereby made to the aforesaid instruments and the
attachments and the references therein contained for a more particular
description of the property hereby conveyed.
This conveyance is made subject to all easements, rights of way and
restrictions of record affecting the subject property.
WITNESS the following signatures and seals:
,Jr
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GARLAND R. PECK. SR.
J (SEAL)
11AR�1'HA JANE P K
STATE OF VIRGINIA
CITY OF WINCHESTER, to -wit:
Acknowledged before me this 1,g4!!::� day of November, 1993 by GARLAND
R. PECK, SR. and MARTHA JANE PECK.
My commission expires: _Q�.IL� � �V✓ %
NOTARY tU LIC
VIRG!NIP.: FrLDFIC;: CUUNTY, SCT.
T;,i,s instrument ui • . d.le ,rrs Pr'.c"aced to We 0n
y c i �'\ �t 3
and wit;' C` 11"(ztJ of .t }`;"r. 1Y 1'' J.�j ;,y � .� 5•'1.. V`
was admit+ati to rc.:cj. d. ,
gam• , and !�R• t f7avJ been
D
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.
t� TX, J\ WAUAtAI OT
0 0
From: Tim Painter Date: 02/12/98
To: Mike Ruddy Time: 5:00 PM
Company: County Planning
RE: M M & O Partnership
Mr Ruddy. -
You will find enclosed (8) eight copies of the plat showing the land of M M & O
Partnership which is located in Deed Book 808, Page 1459. If you have any
questions or concerns about the following information, please feel free to
contact me at the be►ow numbers.
Thank you for your time.
Sincerely,
/ v
Ms. Gina Bordogna
FEB 1998�
RECEIVED
�y DEPT, OE PLANNING
!, hND DEVELOPME�y]iI 'Ve
l� ^
c�
VOICE: (540) 662-5792 FAX: (540) 662-5793
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
l 1Jr1FICAI rl O! OF PUB -I 1C .11U RING.
March 3, 1998
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #003-98 OF M M & O PARTNERSHIP
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 M M & O Partnership for a 1.71-foot side yard and a 21.82-foot rear
yard setback variance to construct an equipment and material storage building. This property is
located at 812 North Kent Street and is identified with Property Identification Number 54-A-64 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
MTR/cc
O:\AGENDAS\BZAWDJOINER\MMO PRTN.BZA
107 North Kent Street • Winchester, Virginia 22601-5000 .
This is certify that thattached correspondence was mailed to the following on
from the Department of Planning and Development,
Frederick County, Virginia:
54—A-60
54-A-65 Rich Food Products, Corp.
in Boxchesterr,, VA 22604-125
P.W. Plumly Lumber Corp. Ws
WinV�
P.O. Box 2280
Winchester, VA 22604
54-A-64
M M & O Partnership
812 N. Kent Street
Winchester, VA 22601
54-A-62
Alan R. & Judith M. Taylor
806 N. Kent Street
Winchester, VA 22601
d 51
Michael T. Rudd , Planner II
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, ! f 1 Ann Hall , 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 3.7 • % -,has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this day of �[c 19CE.
My commission expires onLebajaa/
^ ��
NOTARY PUBLIC
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NOTES:
1. BOUNDARY INFORMATION SHOWN IS TAKEN FROM
BOUNDARY SURVEY BY DOVE & ASSOCIATES DATED
NOVEMBER 9, 1993.
2. VERTICAL DATUM IS BASED ON AN ASSUMED
ELEVATION OF 100.00.
LEGEND:
(mg)• EX. SPOT ELEVATION
F.F.E. FINISHED FLOOR ELEVATION
IPF IRON PIPE FOUND
IRF IRON ROD FOUND
Plat Showing
the Land of
M M & 0 PARTNERSHIP
Deed Book 808 Page 1459
Stonewall Magisterial District
Frederick County, Virginia
November 25, 1997 Scale: 1"=30'
NIARsH & LEGGE 'peck dwg'
LAnd Sw"yom PLC
130 Norm Camerm street Wftwbeaw, vole m z m1
(W) 6940 Par (m) 6040
-3zA VAR,At-JC-t 4::tO03-9S M.MAG pA2rNc2SHIp