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Home My WebLink About15-98 Bonnie J Paulsen (Omega Drywall) - Gainesboro - Backfile (2)Variance Request Tracking Sheet: Board of Zoning Appeals Date: -17-q� File opened V" Reference Manual updated/number assigned D-base updated I 12 color location maps requested from GIS Two sets of labels requested from Data Processing update bi-monthly report MEETING DATE: "1- It - q ST FINAL ACTION: APPROM CLOSE OUT FILE: ' J- Z Z- R g Approval (or denial) letter mailed to applicant/copy made for file File stamp "approved" denied" or "withdrawn" v Reference Manual updated V-1,— D-base updated qg ile given to Renee' for final update to bi-monthly report KAWP\CMN\CIG CR\TRACKING.BZA Receipt Date No. 14 S RECEIVED FROM DOLLARS Q FOR RENT Q FOR FROM TO ACCOUNT O cash PAYMENT O check BALANCE DUE O money BY order Tci182 i — 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: July 24, 1998 The amount of $25.00 was deposited in line.item #10-911708 for the person named below as a deposit for a sign for Variance Application #015-98. They Have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regulai bill cycle. Please send a check in the amount of $25.00 to: M§, Bonnie J. Paulsen 241 Clayhill Drive WinGll%ester, VA 2602 RSA/kac 107 North Kent Street Winchester, Virginia 22601-5000 0 FILE COPY COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 July 22, 1998 Omega Drywall, Ltd. Mrs. Bonnie J. Paulsen 241 Clay Hill Drive Winchester, VA 22602 RE: VARIANCE #015-98 OF BONNIE J. PAULSEN (OMEGA DRYWALL); P.I.N. 43-19-32 Dear Mrs. Paulsen: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of July 21, 1998. Your Variance Application, #015-98, has been approved as -requested for a 7.0-foot side yard setback variance for an existing office/warehouse building, with the condition that the inoperable trailer and construction materials are removed from the property within six months from the date of approval. 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. O: W gendas\BZA\APPR_DEN.LTR\paulsen.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 • Variance #015-98, Bonnie aulsen 0 BZA REVIEW DATE: 7/21/98 VARIANCE #015-98 BONNIE J. PAULSEN (Omega Drywall, Ltd.) LOCATION: The property is located at 252 Tyson Drive. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 43-19-32 PROPERTY ZONING & USE: Zoned: M1 (Light Industrial) District; Land use - Office/ Warehouse ADJOINING PROPERTY ZONING & USE: Zoned: MI (Light Industrial) District; Land uses: agriculture, truck rental, and office/warehouse VARIANCE: Request for a 7.0-foot side yard setback variance for an existing office/warehouse building REASON FOR VARIANCE: Applicant states that existing condition needs a variance in order to make other improvements on the property, and that the condition existed when the property was purchased. STAFF COMMENTS: Within the M1 (Light Industrial) zoning district, the side yard setback is 25 feet. The existing building was constructed 18 feet from the property line requiring the seven -foot side yard setback variance. The applicant is proposing to submit a site plan for an additional storage building in the near future. Prior to this submission, the issue pertaining to the location of the existing building must be resolved. Upon visiting the property, staff observed an . additional zoning violation. As depicted in the accompanying pictures, an inoperable trailer and old construction materials are located to the rear of the existing building. As a condition of the variance, the removal of this additional violation should be guaranteed. • 0 Variance #015-98, Bonnie J. Paulsen Page 2 July 13, 1998 It is staff 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 with the condition that the inoperable trailer and construction materials are removed from the property. O:WGENDAS\BZA\COMMENTS\PAULSEN.BZA APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner XX other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: BONNIE J. PAULSEN NAME. OMEGA DRYWALL, LTD. ADDRESS 241 CLAY.HILL--DRIVE ADDRESS•252 TYSON DRIVE WINCHESTER VA 22602 WINCHESTER VA 22603 DAY TELEPHONE:(540) 722-3026 TELEPHONE:(540) 722-3026 3. The property is located at (give exact directions and include State Route numbers): From Interstate 81,Exit 317, South on Route 11 1/8 Mile. Right onto Welltown Pike. Go over railroad tracks. First left into Stonewall Industrial Park. Second Left on Tyson Drive. Second drive on right - 252 TYSON DRIVE 4. The property has a road frontage of 50 feet and a depth of 660 feet and consists of 2 acres. (please be exact) 5. The property is owned by BONNIE J. PAULSEN as evidenced by deed from ORA J. BLAW recorded (previous owner) in deed book no. R73 on page 96A of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. a • Page 2 of 5 6. Magisterial District: GAINESBORO 7. 8. 9. 14-Digit Property Identification No.: 43-19-32 The existing zoning of the. property is:M-1 The existing use of the property is: OFFICE/WAREHOUSE 10. Adjoining Property: USE North AGRICULTURE M-1 East TRUCK RENTAL - South OFFICE/WAREHOUSE - West AGRICULTURE - 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 7.0' SIDE YARD VARIANCE FOR AN EXISTING OFFICE/WAREHOUSE BUILDING 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 EXISTING CONDITION NEEDS A VARIANCE IN ORDER TOAAKE OTHER IMPROVEMENTS ON THE PROPERTY 13. Additional comments, if any CONDITION EXISTED WHEN PROPERTY WAS PURCHASED 40 M peW3d5 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 LENOIR CITY CO. Address PO BOX 1657 Property ID# 43-19-2 WINCHESTER VA 22604 NAME VALLEY WALLBOARD Property ID# 4 3 -19 - 2 S NAME TOAN & ASSOCIATES LTD. Property ID# 4 3 -19 - 2 9 NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# Address PO B O X 3760 WINCHESTER VA 22604 Address 360-2 MCGHEE ROAD WINCHESTER VA 22603 Address Address Address Address Address Address Address at 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. REFER TO THE PLAN -BY DOVE & ASSOCIATES, SHEET 1 OF 1, DATED MAY 12, 1998 a • Page S of 5 AGREEMENT VARIANCE # 0 , _ I 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 3P&Ja DATE SIGNATURE OF OWNER �3� DATE (if other than applicant) BZA PUBLIC HEARING OF APPROVAL -OFFICE USE ONLY- ACTION: - DATE- 06/11/98 06/11/98 SIGNED• — k�-'4 BZ CHA AN DENIAL DATE: • • � 69 y5 S 4079 28' E 12 11� 2 .5. I i N 25�9 I PROPOSED �8'x 48' STORAGE *U/LDING I ' t t i 1I6:�S 159 � •121 EXISTING / 1 GRAVEL AREA T 11413 ' / 1\ \ o � R1 :12 ITro •2 v��r�NLF •1�� i �35 XLEC. 6 to2 EX. 1 STORY 12e 3g METAL BUILDING FF ELEV. = 726.50 OFPCE = 2, SJO SF STORAGE _ J, 720 SF TOTAL AREA = 6,250 SF Ts 00 2&J' I �1 I I I i 15-A i 1,14 - A ORES— • 124?9 . yA, W EXIS77NG iL SURFACE TREA / D GRA VEL I I — — — — — — — — — — t23 CL SWALE U-E TY acE E-Wr. J,Z o 1 / / / / / � (O (� i �1132, \ 1 S 4 79IL SAMTAR Y --- -----------MANHOLES 6193 A �K685rG534 NIF LCN011R Vry Co. 01r VIRal"J14, LPF ►.I 49' 50. 32' L- 275,oa I-- --- — — — — -- tp• Oro i.,cge� I ICcaernent "�'� I LOT 15- A 2.00 ACRL---i. t � 1 ti L0� Utility { b�-etnoe�e I taaemitit. _ , o 9 4V W DL' W tt,3.00' 1 I I tl 1 I LOT 105-15 �('� CUNOTFfiUCT►OtJ I G'A�L�Ae1aT + 1 1 1 e� dI I 1.PAN. tp! TY50N DR1VE7 (60' RIGHT or WAY) 1. ?OF 7ohml Arco 413e 4. iGGI Acro♦ 11P9. S �x I �o I L o Q iNOTC�4� � � t I.PI'.Irpn Pin Found >•.LPO•Iror�laln fit/ 3 ♦ . Con'! ruC} roM Nrnt. Voliaonly CUring CQrvf en. C on lot td-A. �r. 390, 1b E mc4HMPID.'•' Aryt;cY fOr t Variance 015-98, Bonnie Paulsen L� • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 l JrificArICAN Jr PUBLIC rHEAR NIG July 7, 1998 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #015-98 OF BONNIE J. PAULSEN (OMEGA DRYWALL) On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, July 21, 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 Variance #015-98 of Bonnie J. Paulsen (Omega Drywall) for a.7.0-foot side yard setback variance for an existing office/warehouse building. This property is located at 252 Tyson Drive, and is identified with Property Identification Number 43-19-32 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or at the Handley Library. Sincerely, Michael T. Ruddy Planner II 7 MTR/cc 1\ 107 North Kent Street • Winchester, Virginia 22601-5000 • This 4 to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Fredric oun , Virginia: 43 -19- - 32- - 43 19- - 2 PAULSEN, BONNIE J LENOIR CITY COMPANY PO.BOX,1657 - 241 CLAYHILL DR WINCHESTER,VA 22604.8157 I ' WINCHESTER,VA 22602.2311 43 -19- 28. - 1 VALLEY WALLBOARD PO BOX 3760 WINCHESTER,VA 22604.8266 43 19- - 29- TOAN & ASSOCIATES LTD PRTSHP ! 360.2 MCGHEE RD WINCHESTER, VA 22603.4631 i Michael T. Rudd ,Planner Ii Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDER''IC11K I, Leto ton T�1 � � � , 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 • 9 ., Q 8 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this Ith day of I L .1998 My commission expires on �� ►J NOTARY PUBLIC I .PF IK685PG��4 NIF LCN01R CITY CO. OF VIRCbjNJlA *+ a9' S 0' 5 Z ' E 275,oa —— 10' Orarnc9f,T I' i t�oserncnf 1 LOT 115- A 2 ,00 ACRC,% i to, Util+ty 4 b►ro1Ma9t I Cbaan�Iitit. - _ f 9 4W bO' bt- W ZLO.00' w I. PS, I � I I ( I f I I I� I i I 1 I I I 1 I LOT 15-M I e MCo-1 ACRt;S I� WN9TR�7CTlOIJ �A�N►ctaT � I II i+ 1 I t� I •I I I � a 5 �• Win' s- w " TY50W DRIVE7 ceo• RI(BP-1 r or WAY) 1.PF Tr:1'a l Arcp A A !3 4.IGGI Ac-ms I P9. 8 �Z v D tr � O '03 �i • a N t NOTC1- t I. Pre imw+ Pt t. Akna Y.I.P&S Irori FRn 661 'S ♦ • Const ruck iam C4n,f . Volio only C7\lrinq can;v rkjz k on lot let -A. �r. 1594'1 Tot MCOHMp%o. gH te:T E ter t 6K685t,6535 VICINITY MAr OCAlt 1•.g"& x` FIIJ4t, RAT OF eKA501VISIOIJ FOR ' LOT 15 STOMMALL INDUSTRIAL. PARK 0M G46 m 401 b �w QTOWMWMA. MA610TtR1Ai. DISTRICT McDCRICK CouNT'y., VIRDINIA, 8 ri r• APPROVCD 1° 1, rMeML Co so"ITATIOW AWHOP% _ATe �" '�� 1 '• PlA1JN11JO COMM1�910N— �4Tfi GUbC VI4101J A *,11N1'DTR4TOR r 3z E _111ROlNlA DGPT.-Or'TKAN9FW11TAT10►J DAn ... WNc R' S C:RTI FI C TC The. above Ond-oregaIrn aubdlVl%ion of the tandof D14TitTt4,INitVALLty WALL- BOARD dG•osppptar* In the ocrornp"Inq Plat, P% with the free aon%cmt, crld In Octovdonce with tht "Sire% of the unotrsigned OWnt r )1 roprlt+Orl1) and t►u*tee(*N K cwW i 1 �.` y►�1t..yJ M � ` to6► C �r�1/�f'fift�I'ieQ' �.p Jt dfiAy �'il►i� As�t',tiw/sd 0-04o " on• ; M � �T ��., 5116 %yb // G.iYy G�+lfsiio.� fgoiitAt ' t'+•a tl�j'� ••• • r+riw r rrr..r w�rrrr I •ti, , �, ._--Via..--�. 7677-7 EBY/lmlb 8K873PG0968 THIS DEED, made and dated this i l kr day of_73r-\aau Ar u _ , 1997, by and between Ora J. BLAW and Charlene M. BLAW, his wife, hereinafter called the Grantors, and Jeffrey J. PAULSEN and Bonnie J. PAULSEN, his wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land, lying and being situate about three (3) miles north of Winchester in Stonewall Magisterial District, Frederick County, Virginia, designated as Lot 15A, containing 2.00 acres, more or less, formerly Lot 15, on plat and survey of G. W. Clifford & Associates, Inc., dated March 6, 1987 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 648, at Page 480; and further described by plat and survey of Howard Greenstreet, C.L.S., dated March 24, 1988 and recorded in the Clerk's Office in Deed Book 685, at Page 532. And the Grantors herein convey the right to a non-exclusive easement or right of way eighty (80) feet in width and being along, over and through Tyson Drive for purposes of ingress and egress; and being the same property conveyed to the Grantors herein from Robert C. Adams by deed dated June 30, 1989, of record in the aforesaid Clerk's Office in Deed Book 718, at Page 22. Reference is here made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantors do hereby covenant that they have the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. • • 6KO73PGO969 WITNESS the following signatures and seals: STATE OF _B4O K\rc:, -r- CITY/COUNTY OF _ , To -wit: I, 2tA5�0,,n 0A �Ck�,r ��p� —Gei LSF1a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that ORA J. BLAW and CHARLENE M. BLAW, whose names are signed to the foregoing Deed, dated this MWN day of73�,.i,tJI,r , 1997, have personally appeared before me and acknowledged the same in my State anti jurisdiction aforesaid. (� ,Q e.t 'C> D CukCSz.-A R of b &c�'l y� U CCatc-- is ct S Given under my hand this of SA QU. , 1997. My commission expires dxa VIRGINIA: FREDE CKCOUNTY, SOT. soo�espauass,tuty��W !a&; In tr mant writing was prodad"uced tp me o t e D 1QIwH�s� Wsns , at / aimrl'd of ack wled meat thereto annexed • vrd. Tax InVoeed bar Soc. #i1 ,1-c02 at 1-801 have been Fuld, If assessable Clerk This instrument was prepared by: Edwin B. Yost Kuykendall, Johnston, McKee & Butler PLC 112 South Cameron Street Winchester, Virginia 22601 0 0 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 XX 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 XX Agency review comments Adjoiner identification information Other (Please specify) 3. Did you have a discussion with a staff member before submitting the application? YES XX NO 4. Were you able to receive the assistance or information that you needed from the staff? YES XX NO 5. What portion of this process took the longest for you? Completing plans XX 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, 1996 (K:\wp\cmn\bah_cr\apphc.rev) Mapping & Graphics JbS Work Pequest Frederick County Department of Planning and Development DATE: REQUESTING AGENT: DEPARTMENT/AGENCY: ADDRESS: FAX: PHONE: E-MAIL ADDRESS: DESCRIPTION OF REQUEST: 9K A-rA&�- M pIN �Qriuce, # Ns old - PROJECT TRACKING - DATE INITIALS PROJECT REQUEST RECEIVED: PAYMENT RECEIVED: FINAL PRODUCT DESCRIPTION: MATERIALS AND SUPPLIES USED: ESTIMATED STAFF WORK TIME: NOTES: