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Home My WebLink About08-98 Shenandoah Sand Inc (Simon Newlin) - Gainesboro - Backfile (2)Pb Variance Request Tracking Sheet: Board of Zoning Appeals Date: 4-E ? File opened ,j Reference Manual updated/number assigned D-base updated 12 color location maps requested from GIS Two sets of labels requested from Data Processing j-q� ileZrgiven to Renee' to update bi-monthly report MEETING DATE: 5— - CLOSE OUT FILE: 3 FINAL AC�PROVED Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved"/"denied" or "withdrawn" Reference Manual updated D-base updated File given to Renee' for final update to bi-monthly report K.\WP\CMN\CIG CR\TRACKING BZA CASH , . 1 `? 10 025494 RECEIPT Date 19 8.- Received Address �JlN� l.l�:... Dollars $ �> r .- For X. gL AMT. OF ACCOUNT CASH AMT. PAID CHECK BY BALANCE MONEY DUE ORDER COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Clerk Typist II SUBJECT: Return Of Sign Deposit DATE: May 27, 1998 The amount of $25.00 was deposited in line item #10-1911-08_for the business named below as a deposit for a sign for Variance Application #008-98. 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 Shenandoah Sand, Inc. P,O. Box 2528 Winchester, VA 22604 107 North Kent Street • Winchester, Virginia 22601-5000 • is FILE COPY May 22, 1998 Mr. Simon Newlin P.O. Box 2528 Winchester, VA 22604 OITNTV r uDui v-"y .rr Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 RE: VARIANCE #008-98 OF SHENANDOAH SAND, INC.; P.I.N. 43-19-6 Dear Mr. Newlin: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of May 19, 1998. Your Variance Application, #008-98, has been approved as requested for a 25-foot front yard setback variance for an existing structure and the construction of a new addition. At this time, you may proceed with the site plan application for the addition. If you have any questions regarding this action, please feel free to call this office. Sincerely, Michael T. Ruddy Planner II MTR/cc cc: Frederick County Inspections Dept. G WGENDASU3ZAWPPR DEN.LTRISHENSAND.APP 107 North Kent Street • Winchester, Virginia 22601-5000 • BZA REVIEW DATE: 5/19/98 VARIANCE 9008-98 SHENANDOAH SAND, INC. LOCATION: The property is located in the Stonewall Industrial Park. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 43-19-6 PROPERTY ZONING & USE: Zoned: M1 (Light Industrial) District; Land use - Industrial ADJOINING PROPERTY ZONING & USE: Zoned: MI (Light Industrial) District; Land use - Industrial VARIANCE: A 25-foot front yard setback variance for an existing structure and the construction of a new addition. REASON FOR VARIANCE: Applicant states that existing building was built within 75 feet of property line and to allow a new building in line with existing building. Other building on street located well in front of this existing building. STAFF COMMENTS: Within the MI (Light Industrial) zoning district, the front yard setback is 75 feet. The existing addition was constructed in 1989 with an approved building permit, a copy of which is part of your application. Unfortunately, the existing building was erected beyond the 75-foot building restriction line and beyond the 80-foot front setback location noted on the building permit. The building is located approximately 51 feet from the building restriction line. The 25-foot variance would bring this existing building into conformance with the setback requirements and allow for the construction of an additional office directly adjacent to the existing addition. This property is somewhat unique in that the front property line is angled away from the existing Lenoir Drive, leaving a considerable distance from the edge of the road to the edge of the road right- of-way and a reduced area in which to build. Also, the building on adjoining parcel 43-19-7 is indeed located well in front of this existing building. • Shenandoah Sand, Inc. Page 2 May 11, 1998 It is staff s belief that the fact that this building was constructed in violation of the setbacks should have been addressed at the time of construction and during the inspection process, in particular, at the time of the final building inspection and Certificate of Occupancy. This obviously did not occur. Therefore, staff is of the opinion that this variance request meets the test for Board of Zoning Appeals as specified in Section 15.2-2309(2(b)(1), (2) and (3) of the Code of Virginia. Strict application of the Zoning Ordinance would produce an undue hardship; this hardship is not shared generally by other properties in the vicinity, and approval of the variance request will not have a detrimental impact on the adjoining properties or the Zoning District as a whole. STAFF RECOMMENDATION: Approval of a 25-foot variance for the existing building addition and the proposed office. O:\AGENDAS\BZA\COMMENTS\SHENSAND.BZA COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 1 IJl'IrICArI A I Jr PUBLIC rIMAIM Ir May 5, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #008-98 OF SHENANDOAH SAND, INC. On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, May 19, 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 Shenandoah Sand, Inc., submitted by Simon Newlin, for a 25400t front yard setback variance for an existing structure and the construction of a new addition. The property is located in the Stonewall Industrial Park, and is identified with Property Identification Number 43- 19-6 in the Gainesboro 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 107 North Kent Street • Winchester, Virginia 22601-5000 • • This 's to certify that the attached correspondence was mailed to the following on S from the Department of Planning and Development, Frederick Co ty, Virgini"a: 43 -19- - 6- NEWLIN, SIMON P., INC. PO BOX 2528 WINCHESTER, VA 22604.1728 43 -19- - 7- WILSON, JAMES T. & 1200 FAIRFAX ST STEPHENS CITY, VA 22655.2852 43 -19- - 12- JONES, TILFORD A & MARGARET L 7910 WOODMONT AVE STE 670 BETHESDA, MD 20814.3015 43 -19- - 9- INDUSTRIAL DEVELOPMENT CIO Z&M SHEET METAL, INC. 4215.52 WALNEY RD. CHANTILLY, VA. 20151 43 - 4- - A - CROWN, CORK & SEAL COMPANY, USA INC 1 CROWN WAY PHILADELPHIA, PA. 19154.4501 43 -19- - 8- EMERSON, EVERETT G. 1437 WILLIAMS CIR WINCHESTER, VA 22603.4249 � e Michael T. Ruddy, :PI*ner II Frederick County Planning Dpartment STATE OF VTRGINIA COUNTY OF FREDERICK I, Lh I I a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planner II for the De e t of Planning and Development, whose name is signed to the foregoing, dated �J - , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of ffl19K. My commission expires on 9. L q t NOTARY PUBLIC • �� 1M i ' N 14 le 86 271-324 See 88 M'elltown a 15 TrPark 2 pts. der W r rak' � $$ C, o g0 0 63 N 0 90 o .. v 906 • 91 92 93 f •a 94 oo� 0 45 62 9 P , row e 2 44�r P Jessico an r 10Q, bOaaa 0 46 2s7-3o. i 2 �, �yOc 274 $9.3 57 A 1A 98 ? 56A 43 �r°c O ` 1\ 4j �� McGhee Road F, 73 2 ,5� .�"� �c�r ^ f �1 5,8 M .d-52 0 � & M Ca 52 eet Meta h Grp 50A 399-427 , O Emerson Jones o bo Gown Cork & Sea! r _ St8 � Is B 1 ° 48 A G � � a3 S •s st) , 21 23 26Q �6C 2 Rti �B�g3 44 . se: 44 25 'At, 6 �8C 22 2 pts. 33 38 19-3 27 eo. 38B 38A 2 pts- 31 34 Variance #008-98 PIN: 43-19-6 Shenandoah Sand, Inc. Produced by Frederick County Planning and Development, 05-05-98 • 5NCAb 00)gH .sANP)rPJC, Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner ✓ other (Check one) 2. APPLICANT: NAME: lj t M Q ✓1 / I 0_ W /t lei ADDRESS PC) �25 vZ FS TELEPHONE : _ (a 6a 6 3 17 OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of� feet and a depth of feet and consists of acres. (please be exact) 5. The property is owned by J i i'Y) O '1 11-0 �A_-) I i n as evidenced by deed from rua recorded / (previous owner) in deed book no. J on page I 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: �Q , eS hc�Kb 7. 14-Digit Property Identification No.: `7 3- 8. The existing zoning of the property is: M 9. The existing use of the property is: ) rA c4 cx SY i a- 10. Adjoining Property: USE ZONING North Ma✓ LA40L (�!� East t I a C South m ) West 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.") y �} 1//� K c r': 1 C Q� `C Y O,A-1 L4 aA GL. 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'z�'� situation or condition of property, or the use or development of property immediately adjacent�, thereto 1 , I y 13 Additional comments, if any I A)6L) ITra i ler I J } Existing Shop t Office FF = IOO.00' 0 Neight N/G '// Ex, paved parking 0 A/C 0 12.5'1 I 1 u-� i t ,/ jam._.-._..._:.�-_� - -•-- -`� -- �. ` �� - �l YARD NYPRANT WELL �i g47•I1 Ft , Trailer c .- Ex. gravel parking f i } Ir m i F'ropo3ecl ul Office Addition 0 FF = 100.00' ! t Neight = 10' -------- •324.4f. � le ri i I Apply double prime- i and -seal treatment or equivalent surface I I t I ,j o GAS MARKER ~3or5 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 �� ►-ne S L c� I ��; � Address �a d L•`� �f Property ID# 3 " 0- NAME - �D,-c� � t1 'e,y Property ID# �{ 3 — ) 9 - ! NAME -2- rn 15 Property ID# q 3 / 9 NAME Property ID# Address /C;) &300 ot/-OC( ! '7C 1 v Q ,S u 6e. el; 7d Address Len d r--"D.' L) t.c-->")/CJ-Le C-ti-A 00, Z2�a3 Address NAME l� /dwn t` �''� "� Address NO Property ID# q 3 J `t — A W i r\C 6 5-60-4 UCx Z 7 60,�> NAME �y�, er-c �/�'� e� n Address / 3i Lu 'i ((i cLA-,S'IV 042_ Property ID43 NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# Address Address Address Address 9 • Page S of S AGREEMENT VARIANCE # OO�-q � 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 SIGNATURE OF (if other than applicant) BZA PUBLIC HEARING OF APPROVAL DENIAL -OFFICE USE ONLY: ACTION- - DATE - DATE SIGNED Lv - V,-— BZA tMAIRMAN DATE: Y— (7- �/� • 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. �� 0 {-CaC�C'K- � n r Ci 13850 LENOYR CITY CO. OF VA. + TO: s : s : DEED + SIMON P. NEWLIN, INC. + 483 i,v 1 THIS DEED, made this—� day of 1977, between Lenoir City Company of Virginia, a Virginia,• Corporation, of the one part, hereinafter called the Grantor, and Simon P. Newlin, Inc., a Virginia corporation, of th.a other part, hereinafter called the Grantee. W ITNESSETH: That for and in consideration of the sum of Ten Dollars 010.00), cash in hand paid and other valuable S. consideration, receipt whereof is hereby acknowledged, the 1 Grantor does grant and convey, with General Warranty and with English Covenants of Title. unto the Grantee, in fee simple, i together with all rights, rights of way, privileges and { appurtenances thereto belonging, all of that certain parcel of land containing two (2) acres, more or less, located North of the City of Winchester, in Stonewall Magisterial District, '� ram'•' Frederick County, Virginia, as is more fully described on a survey dated July 1, 1977, by Lee A. Ebert, C. L. S., said land being designated as Parcel B of record 1n the off ce ;.� of CM Clark of the Circuit court of r.derick County in Dead Book 482. Page 43 11 'being a portion of the land which was conveyed to the Grantor ,. herein by deed dated January 1. 1968, and recorded in the �;.. -`� Office of the Clark of the Circuit Court of Frederick County, Vi-gini+ in Dead Book 344. at Page 235. >ii•� This conveyance is made subject to all legally enforceable restrictive covenants and easements of record, if any, affecting the aforesaid realty. i WITNESS the following signature and seal: } r LENOIR CITY COMPANY OF VIRGINIA ' ATPESTING�SEAL: By ' We1�A11 A AMMA/N ww.•mr verve eoretary •� VM , i 1� son( 483 FACE 2 STATE Of VIRGINIA, Of L' , To -Witt I, 9-- ij _ VM•_ L�.r�Q�e� t , a Notary Public in and for the State and aforesaid, do certify that �..... I �..%.�.�ti,,. whose name as ��fj_ of Lenoir City Company of Virginia, is signed to the foregoing writing, bearing date on the .� day of 1977, personally appeared before me this day in my said and in the name and on behalf of the said Corporation, acknowledge the said writing as the act and dead of the said Corporation, and made oath that he is of the said Corporation and that the s►al affixed to said writing is the true corporate anal of the said Corporation and that it has been affixed rthereto by due authority. Given under my hand this P� PO day of �,�_ 1977. M) C61- 1.10 [.p1141 FCN 13, 193Q t 'say commission expires �t otary FubUC /.li3:rf.A rammicK COUNTY. 3Cr. , ?..1Ua11ps1n,nwnt writin u Produced to me on the .ad w"h certificate of aoknowladgtnent thereto annexed was I l.nilled to rcoord. Tax 1111,po.ed b, y 4p 58..)4.1 0! and Sa•84 have been paid, if aueraable, 4� Clerk. 2- I" SIM small$* a mosov" .m�nn u ur Ow"OPM 14611111111 #3850 LENOfR CITY CO. OF VA, TO: :: :: DEED * _ SIMON P. NETILIN, INC. # 483Iiw i w THIS DEED. made this �_ day of 1977. between Lenoir City Company of Virginia, a Virginia Corporation, of the one part, hereinafter called the Grantor, and Simon P. Newlin, Inc., a Virginia corporation, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars 010.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convoy, with General Warranty and with English Covenants. of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain parcel of land containing two (2) acres, more or less, located North Yl of the City of inchester, in Stonewall Magisterial District, Frederick County, Virginia, as is more fully described on a survey dated July 1. 1977, by Lee A. Ebert, C. L. S., said land being desiggnated as Parcel B of record in the Off c of the Clark of the Circuit Court of Trederick County in Deed Book 482, Page 45 'being a portion of the land which was conveyed to the Grantor heroin by deed dated January 1, 1968, and recorded in the Office of the Clark of the Circuit Court of Frederick County, VI-ginia in Dead Book 344, at Page 235. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record, if any, affecting the aforesaid realty. WITNESS the following signature and seal: LENOIR CITY COMPANY OF VIRGINIA AFTESTING' SEAL: Byf+-` 1 1l1 scretary DATE ._7-28-89 Own" or Lessee Simon .NeW 1 i A _ Address P.O. Box 2528 City & Stat•Winchester, VA _ Zip 22601 TsHrphor.r 6 6 7 -16 6 0 _ Contractor ame OFFICE USE ONLY I9 2 Z Building Permit No, Eknctrk* Permit No. .............--.�. Plumbing Permit No. Mechanical Pollen No. P►opa'ty 1.0. No. Address City & State Zip Telephone Registration No. A. ZONING A LOCATION: St. Adrlrem 6 No. _ _ __ 151 p Tan or 14r 1. rubdiv�sion _ $tOnw4 2. Lot. No. 3. Magisterial Dirrict Ston2wAl 4. Zoning of Property 5. Site Plan No. 6. Conditional Use Permit No. 7. Property Width at Set Rx* i 8. Proc+ertV Sice: W- ^ ___._.. L H. 9. Bud� Building Lines: t� �'s I .►- a. Front 80 b. Rear 100 c. L. Side �tt. d. R. Side 1 0 a 1 ',- 13. Complies with Subdivision Code: Yes No 11. Ravi Action: Apia ved - Y No DATE $ torsi we s. BUILDING INFORMATION: 1. Building Size J,-lC 30 2. Basement -Yes - No _ 3. Crawi Speee - Yes No._- 4. Construction Frama S. Roof Construction: a. Truss ` b. Conventional ._. 6. Flonr Construction __.S,L,3b. 14. Cov. 7 Exterior Walls-_ 2 X 4 IS. Cov. - 8. Interior Walls ?_ X 4 16, Cov. 9. No. Stories 1 No. Rooms 10. No. Dwelling Units 11. Toilets/Bathe . _ 12. Class. of Construction 13. Misc. C. INDUSTRIALIZED BUILDING UNITS: 1. Make- _ 2. Model: 3. Year: 4. Ser. No.: 5. Longth: 6. 6. Width: 7. HUD No.: _ LIL No.: _ 9. VA, REG.: 10. Archoring Info. ._ yes "Np 11. Number of Bedrooms 12. Baths/Toilets 13. To ...�.....:.�.,.>� �.,,. v .,.,...ate.,....,,,..:... _...�......s,.... 0. ESTIMATED TOTAL VALUE OF CONSTRUCTION INCLUDING VALUE OF MATERIALS AND LABOR: t S --At 00 _ 2. Sq. f t. 3. Fee S -3-0 r&0 b j _--� , 0 C) = �I I dD E. BOARD OF SUKRVI30RN APPROVAL REQUIRED: Yes F. WATER A SEWER: 1. Ya ..- No 2. Sower - Aoa...r._._.w. Rol. 3. Watar App.._,_,_... 6. LAND PISTURBINR PERNT REVIEW REQUIRED.- 2. Yes 3. No - ,._..___,.... Sirioe Farto. Dwelliisp 4. Located In known 100 Yr. 5. Flood Plain -• Yes No 6. Clete.. Public Works Olractor K PROPOSED USE: iResl4atleq 2. Tv1rt► family'{"} 3.Tow1w0olm 4.».� Q�y Gara�alCarpcNt =�• x f9. - ..,.._.. Mob0s,Norrlsid�5t+6,r t� 7, ,. __ -. Other 1. NOPOSED UST; - z... ---..-«. �«... - Church 5 a. 4. Pri"ft bvknwArq Pool BwIRMllilt, P1001 7..--.,.._.,...... TV*$ B. Towers 0. - PbsplllM 10. ..._ Industrid Builw&W 11. _....�.._„_._.. P►iwte School} ' � g 12. Publk Sdroal ,e 13. ._...r.,. ,,,_ Otlrw ,L TY?2 OF ACTION: ��- ..-.�...�.� ..... Constrss[ 'on 3 ..__...._...._.... Aha 4. • .....�...�..- Re"ir'1VW .17 ' S. .... Manner !y�rseafs� F,