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December 22, 1998
Mr. and Mrs. Ralph S. Gregory
5368 Main Street
Stephens City, VA 22655
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
RE: VARIANCE APPLICATION #020-98 OF RALPH S. GREGORY; PIN 75-A-51
Dear Mr. and Mrs. Gregory:
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their
meetings of September 15 and December 15, 1998.
The Board of Zoning Appeals approved front yard setback variance requests 91 and 2 (as revised)
for 34.82' and 19.80' adjacent to I-81 and Aylor Road respectively; accepted your withdrawal of
requests 3, 4, and 5, which were resolved by the approval of Rezoning #014-98 on 10/26/98; and
approved request #6 for a reduction in the opaque element of the full screen requirement, with
modifications to include berm of 3-4' in height.
If you have any questions regarding the approval of this application, please feel free to call this office.
Sincerely,
Michael T. Ruddy
Planner II
MTR/cc
cc: Mr. Steve M. Gyurisin, G.W. Clifford & Associates, Inc.
Building Inspections
O: \Agendas\BZA\AP PR_ D EN. LTR\R_Gegory. BZA
107 North Kent Street • Winchester, Virginia 22601-5000
BZA REVIEW DATE: 8/18/98; 9/15/98; 12/15/98
VARIANCE 4020-98
RALPH S. GREGORY
LOCATION: The property is located on the west side of Aylor Road (Rt. 647) at the intersection
with Double Church Road (Route 641).
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 75-A-51
PROPERTY ZONING & USE: Zoned B2 (Business General) and RP (Residential Performance)
District; Land use - Vacant. (Note: As of 11126198, entire property is zoned B2 (Business
General).
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District;
Land use - Residential
VARIANCE:
1. A 29.9-foot front yard setback variance from I-81; Revised - 34.82'
- Approved 9115198
2. A 12.7-foot front yard setback variance from Aylor Road (Rt. 647); Revised - 19.80'
- Approved 9115198
3. A 25-foot variance from the active portion of the `B" category zoning district buffer (north
property boundary);
- withdrawn by applicant 12115198
4. An eight -foot variance from the inactive portion of the `B" category zoning district buffer
(north property boundary);
- withdrawn by applicant 12115198
5. A 25-foot variance from the inactive portion of the `B" category zoning district buffer,
eliminating the inactive portion (south property boundary); and
- withdrawn by applicant 12115198
6. A variance eliminating the six-foot opaque element of the required full screen along Aylor
Road (Rt. 647).
- see comments
REASON FOR VARIANCE: Due to the size, shape and narrowness of the property and location
of I-81, Route 647 and intersecting Route 641, development of the property is restricted and limited.
The property has double road frontage.
•
STAFF COMMENTS:
At the Board's September meeting, variance requests #1 and #2 pertaining to the front yard setback
reductions were approved. The remaining variances were tabled by the Board. Subsequently, the
applicant has successfully rezoned the parcel. With the exception of request #6, this rezoning
alleviates the need for the remaining variances. Therefore, staff would recommend that the Board
recognizes the applicant's request to withdraw requests 3, 4, and 5, and that the Board considers
request 6 pertaining to the full screen along Aylor Road.
Variance Request #6.
Immediately prior to mailing this agenda, staff received the attached information from the applicant
pertaining to their request to reduce the level of screening along Aylor Road. This information
specifies the number of plantings proposed by the applicant, the modified opaque element provided
in lieu of the required 6opaque element, and the location of the screening in relation to the site plan.
Staff had previously requested a rendition of the proposal that would have given the Board a visual
perspective on the proposal. However, this rendition has not been received at this time.
The applicant's request is for the elimination of the six-foot opaque element of the full screen. The
applicant proposes an opaque element in the form of a berm, two feet in height, located between the
parking area and the Aylor Road right-of-way (areas "A" and "C"). Based upon the very limited
width of this area, due to the minimal size and unusual shape of the property and the requirements
for parking areas, staff feels it would be appropriate to allow the reduction in the height of the
opaque element, in this location, as proposed by the applicant.
Similarly, staff feels it would be appropriate to allow the reduction in the height of the opaque
element to 3-4 feet as proposed by the applicant in the area marked "D." While there is a greater area
in which to locate an earthen berm, the minimal size and unusual shape of the property would again
create a hardship in that a six-foot high earthen berm could not be constructed without the elimination
of a parking area essential to the use of the property.
The applicant has not proposed any form of opaque screening in the area identified as `B". Consistent
with the reasoning for the above area "D", staff feels it would be appropriate to allow the reduction
in the height of the opaque element to 3-4 feet as previously proposed by the applicant. Complete
elimination of the opaque element in this location would be inappropriate, in particular, as this
screening is directly in front of the proposed building and across the road from nearby residences.
All the elements of the landscape portion of the screen must be provided. The information provided
by the applicant provides for the necessary number of landscape plantings; however, the plantings in
"B.2." do not achieve the minimum landscape screen requirement of four feet in height at time of
planting. This height needs to be achieved.
Staff is of the opinion that the applicant's request, with the modifications noted by staff, will not
be of detriment to adjacent property, upholds the spirit of the ordinance, and does not change the
character of the district.
•
•
Variance #020-98, Ralph S. Gregory
Page 3
December 7, 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.
In accordance with Section 15.2-2309(2), and based upon the reasons stated above, staffrecommends
the following:
STAFF RECOMMENDATION:
Variance request 6.
A. Approval
B. Approval - with modifications to include berm of 3-4' in height and required landscaping.
C. Approval
D. Approval
12i,07l1998 11:50 5406650494 G W CLIFFORD & AS*
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Silbert w. difford & associates, xric.
200 N. raua ewn Street
Winchester, Va. 22601
Phone: (540) 667-7.
139
Fax: (540) 665-0493
,Fax Cover Sheet
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PAGE 01
12.07!1998 11:56 5406650493• G W CLIFFORD & ASO PAGE 02
Ralph & Carolyn Gregory
Aylor Road — Variance Request
Item Number 5 — Reduce full screen requirement landscape instead of 6' fence.
We request the following landscaping with an earth berm instead of a 6' tall board on
board fence or wall.
A. From entrance north to the southeast corner of the building for a distance of 70+/-feet.
l . Install a 2' earthen berm
2. Landscape berm with 21 plants, 2/3 evergreen and I/3 deciduous
B From southeast corner of the proposed building to 25' south of the north property line
for approximately 75+/- feet.
I . Install evergreen (White Pine) trees 4'-5' in height, 10' aC (8 plants)
2. Landscape with Burning Bush, 30"-36" in height, 3.5'-4.0' QL.. (20 plants)
C. From entrance south approximately 301
.
1. Install a 2' earthen berm
2. Landscape with 9 plants. 2/3 evergreen and 1/3 deciduous.
D. From 30' south of entrance approximately 60' south and west.
1. Increase berm to 3' — 4' in height
2. Landscape berm with 18 plants. 2/3 evergreen and 1/3 deciduous
Total landscape plantings along Aylor Road: 70 plants(A,.B,D,.E)
Total Plants. 76 plan
Reason for request:
I . Unique shape of the property
2. Property has double frontage
3. Aesthetics of 6' fence
4. Sight -distance visibility at entrance
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Page I of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner x other . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: Mr. Ralph Gregory NAME:
ADDRESS 5368 Main Street ADDRESS:
Stephens City, VA 22655
TELEPHONE: (540) 869-3500 TELEPHONE
3. The property is located at (give exact directions and include
State Route numbers):
West side of Route 647 (Aylor Road) at intersection with Route 641
(Double Church Road)
4. The property has a road frontage of 374.23 feet and a depth
Of 0 to 168.55 feet and consists of .6999 acres. (please be
exact) (30,488 square feet)
5. The property is owned by Ralph S. & Carolyn P. Gregory
as evidenced by deed from Grover L. & Edit Leight recorded
(previous owner)
in deed book no. 327 on page 508 of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
•
•
Page 2 of 5
6.
7.
8.
9.
Magisterial District: opequon
14-Digit Property Identification No.: 75-A-51
The existing zoning of the property is • B-2 & RP
The existing use of the property is: Vacant
10. Adjoining Property:
IM
North Residential
East State Rte. 647
South State Rte. 647 & I-81
West I-81
ZONING
RD
N
N A
N/A
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.")
See Attached Sheet 2A
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
Due to the size, shape and narrowness of the property and the
location of I-81, Route 647 and intersecting Route 641, development
of the property is restricted and limited. The property has double
road frontage.
13. Additional comments, if any
See attached plat showing required setbacks.
II. Describe variance sought in terms of distance and type.
Along Interstate 81
1. A 29.9 foot setback variance from Interstate 81 for a 48.5 foot x 20 foot single story
commercial structure. Chapter 165, Zoning; Para. 165 - 83 Dimensional and intensity
requirements, require a 50 foot setback from I-81. 20.1 feet is proposed.
Along North Property Boundary (RP to B2)
2. A variance from the north property line to reduce the distance buffer between B-2 and RP
zoning categories. The property line is the zoning district boundary, Chapter 165, Zoning;
Para. 165.37 Buffers and Screening Requirements require a minimum category `B" buffer
that includes a total 50 foot distance with a full screen ( 25' active and 25' inactive).
• An 8 foot variance to reduce the inactive portion of the required distance buffer from
25 feet to 17 feet.
• A 25 foot variance to waive the active portion of the required distance buffer from 25
feet with full landscape screen.
Along Route 647, Aylor Road
3. A 12.7 foot setback variance from Route 647 for a 48.5 foot x 70 foot single story
commercial structure. Chapter 165, Zoning; Para. 165.83 Dimensional and Intensity
Requirements, require a 35 foot setback from Route 647. 22.3 feet is proposed.
Note: 25.01 feet will dedicated to VDOT along Route 647.
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4. A Kvariance KthWpaque full screen element of the screening requirement. Chapter
165, Zoning; Para. 165 - 37 Buffer and Screening Requirements: Screening; (2) full
screen.
Along South Zoning Boundary (RP to B2)
5. A variance from the south zoning district boundary to reduce the distance buffer between
B-2 and RP zoning categories. The zoning district boundary splits the property. Chapter
165, Zoning; Para. 165.37 Buffers and Screening Requirements require a minimum
Category `B" buffer that includes a total of 50 foot distance with a full screen ( 25' active
and 25' inactive).
• A 25 foot variance to waive the inactive portion of the required distance buffer from
25 feet with laaadssape screen.
p"3of5
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:
101 Carter Lane
NAME Ralph S. & Carolyn P. Gregory, Address Winchester, VA 22602
Property ID# 75-A-51
810 Aylor Road
NAME Roger L. & Deborah H. Mogle Address Stephens City, VA 22655
Property ID# 75-A-49
NAME J.W. & Mary K. Patterson
Property ID# 7 5-A- 4 8
189 North Street #2
Address Strasburg, VA 22657
603-A South Loudoun Street
NAME George. Washington Hotel Corp. Address Winchester, VA 22601
Property ID# 75-A-47
NAME Robert L. Hoover
Property ID# 74B-4-A-1
NAME
Property ID#
NAME
Property IN
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
107 Double Church Road
Address Stephens City, VA 22655
Address
Address
Address
Address
Address
Page S of 5
AGREEMENT
VARIANCE #010__I 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 APPLICANT
DATE
SIGNATURE OF OWNER (� lg
(if other than applicant)
-OFFICE USE ONLY-
S /'- 9 Y J-em s 4t l aH,I-It2l a ppro vecl
BZA PUBLIC HEARING OF �'' l .S 9 X ACTION:
- DATE-
APPROVAL SIGNED:
A CHAIRMAN
DENIAL DATE:
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12/ 7 1998 11:50
5406650
G W CLIFFORD *SOC
PAGE 01
To:
Attu: •
From:
Re:
ilb ert w. clif ford & assodates, inc.
200 N. Camewn Street
Winchester, Zia. 27-601
Phone: (540) 6+67-2139
Fax: (540) 663-0493
Fax Cover Sheet
c
Neer of Pages (Including Cover Sheet):
Destination Fax Number.
�—
Time:
Remarks:
X
,ors
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12/07/1998 11:50 5406654 G W CLIFFORD &GSOC
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PAGE 02
Ralph & Carolyn Gregory
Aylor Road w Variance Request
Item Number 5 — Reduce full screen requirement landscape instead of 6' fence,
We request the following landscaping with an earth berm instead of a 6' tall board on
board fence or wall.
A. From entrance north to the southeast corner of the building for a distance of 70+/-feet.
1. Install a 2' earthen berm
2. Landscape berm with 21 plants, 2/3 evergreen and 1/3 deciduous
B. From southeast corner of the proposed building to 25' south of the north property line
for approximately 75+/- feet.
1. Install evergreen (White Pine) trees 4'-5' in height, 10' OC (8 plants)
2. 'Landscape with Burning Bush, 30"-36" in height, 3.5'-4.0' OL (20 plants)
C. From entrance south approximately 301
.
1. Install a 2' earthen berm
2. Landscape with 9 plants. 2/3 evergreen and 1/3 deciduous.
D. From 30' south of entrance approximately 60' south and west.
1. Increase berm to 3' — 4' in height
2. Landscape berm with 18 plants. 2/3 evergreen and 1/3 deciduous
Total landscape plantings along Aylor Road:
Total Plants:
Reason for request;
1. Unique shape of the property
2, Property has double frontage
3. Aesthetics of 6' fence
4. Sight -distance visibility at entrance
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BZA REVIEW DATE: 8/18/98; 9/15/98
VARIANCE #020-98
RALPH S. GREGORY
LOCATION: The property is located on the west side of Aylor Road (Rt. 647) at the intersection
with Double Church Road (Route 641).
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 75-A-51
PROPERTY ZONING & USE: Zoned B2 (Business General) and RP (Residential Performance)
District; Land use - Vacant
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District;
Land use - Residential
VARIANCE:
1. A 29.9-foot front yard setback variance from I-81; Revised - 34.82'
2. A 12.7-foot front yard setback variance from Aylor Road (Rt. 647); Revised-19.80'
3. A 25-foot variance from the active portion of the `B" category zoning district buffer (north
property boundary);
4. An eight -foot variance from the inactive portion of the `B" category zoning district buffer
(north property boundary);
5. A 25-foot variance from the inactive portion of the "B" category zoning district buffer,
eliminating the inactive portion (south property boundary); and
6. A variance eliminating the six-foot opaque element of the required full screen along Aylor
Road (Rt. 647).
REASON FOR VARIANCE: Due to the size, shape and narrowness of the property and location
ofI-81, Route 647 and intersecting Route 641, development of the property is restricted and limited.
The property has double road frontage.
STAFF COMMENTS:
At the Board's August meeting, variance requests #1 and #2 pertaining to the front yard setback
reductions, were approved. The remaining variances were tabled by the Board. Subsequently, the
0
Variance #020-98, Ralph S. Gregory
Page 2
September 8, 1998
applicant will be pursuing a rezoning of the parcel in order to alleviate the need for the remaining
variances. The applicant has requested that the variances remain on the table until the rezoning of the
property has been accomplished.
Assuming the rezoning is successful, the applicant will be able to move the building out of the buffer
area to the north. As a result of this shift, the location of the building encroaches further into the front
setback areas than previously approved by the board. The applicant is requesting to revise the
front setback variance requests to 34.82' adjacent to Interstate 81 and 19.80' adjacent to Aylor
Road. This would place the structure 15.18' from Interstate 81, 15.20' from Aylor Road, and
maintain the integrity of the zoning district buffer. Again, the front setback variances may be
appropriate to permit the location of a building on this site, especially when considering that every
attempt should be made to preserve the integrity of the required zoning district buffers.
This is indeed a unique piece of property. As you may see from the copy of the site plan included with
your agenda, the property has double frontage along Interstate 81 and Aylor Road, has a zoning
district boundary splitting the property in two, and is surrounded by residentially zoned land being
used for residential purposes. In addition, the property is only 30,488 square feet in size. In order to
develop this property in any way, a variance, or combination of variances, may be necessary. The
challenge in this case is to determine which variance requests are appropriate and what scale of
development provides a reasonable use of the property. As the Board is aware, a reasonable use is
not necessarily the most profitable use of the property.
Within the B2 (Business General) zoning district, the front setback adjacent to a primary or arterial
highway, Interstate 81, is 50'. The front setback adjacent to collector or minor streets, Aylor Road,
is 35'. The applicant proposes to place a building 34.82' from Interstate 81 and 15.2' from Aylor
Road.
To summarize the zoning district buffer requirements of the Zoning Ordinance, Section 165-37
requires that any development occurring adjacent to property in another zoning district must provide
a zoning district buffer. In this case, development in the B2 (Business General) district adjacent to
land zoned RP (Residential Performance) requires the provision of a `B" Category. The applicant is
proposing to provide for a `B" Category buffer with a full screen in all locations required. Within
the provided 50' buffer distance is an inactive and active portion that is 25' in width, respectively. No
activity, other than the screening requirement, may occur in the inactive portion of the buffer. The
active portion of the buffer may not be encroached upon by a building or other principal structure or
activity. However, accessory activities, such as parking, are permitted in this area.
Variance requests 1 and 2: A reduction in one of the front setbacks, or a combination of a reduction
to both, may be appropriate to permit the location of a building on this site, especially when
considering that every attempt should be made to preserve the integrity ofthe required zoning district
buffers.
0
Variance #020-98, Ralph S. Gregory
Page 3
September 8, 1998
In developing this site, VDOT is requiring the dedication of 25' along the front of the property for
future improvements to Aylor Road. Therefore, the expansion of Aylor Road should not further
intrude upon this parcel. Improvements to Interstate 81 are not anticipated to impact this parcel.
Variance requests 3 and 4: Staff is adamantly opposed to any variance that encroaches into the
buffer area adjacent to the residential property to the north. As requested, the 25' active portion
would be eliminated and the inactive portion would be reduced by 8' placing the actual structure just
17' from the adjoining residential property. This would certainly be detrimental to the adjoining
property to the north and is unacceptable. It is staff s belief that a smaller building, potentially with
two stories, could be accommodated on this property without reducing the buffer area adjacent to
this northern property line.
Variance request 5: The applicant has not pursued the rezoning of the RP portion of the property.
A successful rezoning would eliminate the zoning district boundary and its associated buffer, and
would provide an increased area of usable space on the property. It is staff s belief that all remedies
should be pursued prior to approaching the Board for a variance. Rezoning the property would
alleviate a portion of the hardship unique to this property.
Variance request 6: The applicant has not demonstrated that the provision of a full screen creates
an undue hardship, significantly restricting the use of the property. While recognizing that an opaque
element effectively screens much of the use from the adjoining residential properties, it is staffs
opinion that the provision of an opaque element does not create an undue hardship.
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.
In accordance with Section 15.2-2309(2), and based upon the reasons stated above, staffrecommends
the following:
STAFF RECOMMENDATION:
Variance requests 1 and 2 (Revised): Approval
Variance requests 3 and 4: Denial
Variance request S: Denial
Variance request 6: Denial
0:\Agendas\BZAICOMMENTS\R_GREG-2.BZA
508
#2457
GROVER L. LEIGUT, ET UX
TO DEED*
RALPH S. GREGORY, ET UX
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BOOK
THIS DEED made this ay of October, 1966, by and between GROVLR L.
LEI MT and EDITH LEIGHT, his wife, parties of the first part, hereafter.known
as the Grantors, and RALPH S. GREGORY and CAROLYN PAGI; GREGORY, his wife, 1parti
of the second•part, hereafter known as the Grantees:
W I T N E S S E T H: That for and in consideration of the sum of Ten
Dollars (010.00) cash in•hand paid and other veluable consideration receipt
whereof is hereby acknowledged, the Grantors do hereby grant, bargain, sell and
convey with General Warranty of Title, unto the said Ralph S. Or and Carol,
Page Gregory, his wife, jointly with the common law right of survivorship, that
is, to the surviving spouse the fee simple title shall vest, together with all
rights and appurtenances thereto belonging, the following described property:
All of that certain tract or parcel of land, lying and
being situate in Opequon District, Frederick County,
Virginia, bounded on the Northwest by Interstate Route 81,
on the Southwest by State Road No. 641, on the Southeast
by t,acedonia Road, and on the Northeast by Land now or
formerly owned by Paul and Delve Shiflett; and being the
same land the Grantors herein acquired by Deed dated the
9th day of Nay, 1966, from H. K. Benham, III, Trustee in
Bankruptcy, of record in the Clerk's Office of the Circuit
Court of Frederick County, Virginia, in Deed Book 321,
page 675. A reference to said Deed and to the references
therein contained is hereby made for a more particular
description of the property herein conveyed.
This conveyance is made subject to all legally enforceable restrictive
covenants andeasements of record, if any, affecting the aforesaid realty.
The Grantors covenant that they have the right to convey the said land
to the Grantees; that the said Grantees shall have quiet possession thereof
free from all.encumbrances; that they have done no act to encumber the said
land; and that they will execute such further assurances of title as may be
requisite.
WITNESS the following signatures and seals.
—_'(SEAL)
'.,rover . e g
G Fu (SEAL)
Edith Leight
THIS DEED OF G �0 QAQ 2 % day of %110.- , 1995,
between Ralph S. Gregory and Carolyn P.. Gregory, his wife, of
the one part, hereinafter called the Grantors; and Ralph S.
Gregory and Carolyn P. Gregory, also known as Carolyn Page
regory, his wife, of the other part, hereinafter called the
N Grantees.
o
N
N WITNESSETH: That for and in consideration of the sum of
w
One Dollars ($1.00), cash in hand paid and other valuable
�7.•d N ,
consideration, receipt whereof is hereby acknowledged, the
4 � Grantors do grant and convey, with General Warranty and with
English Covenants of Title, unto the Grantees, as tenants in
u
�•� common, in fee simple, (each being the owner of an undivided
one-half. (1/2).interest) together with all rights, rights -of
:.,:.• way, privileges and appurtenances thereto belonging, all of the
following tracts of land:
TRACT ONE: All of that certain tract or
parcel of land lying and being situate in Opequon
Magisterial District of Frederick County,
!Virginia, bounded on the Northwest by Interstate
Route 81, on the Southwest by State Road No. 641,
on
-the Southeast by Macedonia Road, and on the
Northeast by .land now or formerly owned by Paul
-and•Belva Shiflett; and being the same property
convey to the Grantors h i b
ere n y Grover L. Leight
and wife by deed dated October 31, 1966 and
recorded in the Clerk's Office of the Circuit
Court,of Frederick County, Virginia in Deed Book
327, at Page 508.
TRACT TWO: All of that certain strip of
land, containing 20 Acre, more or less,,lying
along the East side of Interstate Route 81 in
Opequon Magisterial District of Frederick County,
Virginia, as more particularly described in the
hereinafter referenced source of title deed; and
being the same property conveyed to the Grantors
herein by Commonwealth Transportation Commissioner
by deed dated October 23, 1987 and recorded in -the
aforesaid Clerk's Office in Deed Book 66-4,,—at Page
675.
J TRACT THREE: All of that certain lot or
parcel of land, containing one-fourth (1/4) acre,
more or less, lying and being situate along the
9
COUNTY- of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
iN107ifirNfICA I OF W-11.1 Ir `;-is,- RII Ir
August 4, 1998
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: . VARIANCE APPLICATION #020-98 OF RALPH S. GREGORY
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, August 18, 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 #020-98 of Ralph S. Gregoryfor a proposed retail optical store. The following
variances are requested:
1. A 29.9-foot front yard setback variance from I-81;
2. A 12.7-foot front yard setback variance from Aylor Road (Rt. 647);
3. A 25-foot variance from the active portion of the `B" category zoning district buffer (north
property boundary);
4. An eight -foot variance from the active portion of the `B" category zoning district buffer
(north property boundary);
5. A 25-foot variance from the inactive portion of the `B" category zoning district buffer,
eliminating the inactive portion (south property boundary); and
6.` A variance eliminating the six-foot opaque element of the required full screen along Aylor
Road (Rt. 647).
The property is located on the west side of Aylor Road (Rt. 647) at the intersection with Double
Church Road (Route 641), and is identified with Property Identification Number 75-A-51 in the
Opequon 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 Handley Library approximately one week prior to the
meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia.
Sincerely,
c 7Rud
�/MichaelTdy
Planner II
MTR/cc
0AAgendas\BZA\ADJOINER\R_GREGORY. BZA
107 North Kent Street • Winchester, Virginia 22601-5000
Y
i
This is to cerl that ., attached correspondence was mailed to following on
9 i from the Department of Planning and Development,
Frederick County irginia:
75 - A- 51- 1 74B - 4- A- 1 • -__ _ __ --
GREGORY, RALPH S & CAROLYN P HOOVER, ROBERT L
101 CARTER PL
107 DOUBLE CHURCH RD
WINCHESTER, VA 22602.6428 STEPHENS CITY, VA 22655.2781
75 - A- - 49-
MOGLE, ROGER L & DEBORAH K
810 AYLOR RD
STEPHENS CITY, VA 22655.3119
75 - A- - 48-
PATTERSON, J. W. & MARY K.
189 NORTH ST # 2
SRASBURG, VA 22657.1201
75 A- - 47-
GEORGE WASHINGTON HOTEL CORP.
CIO THOMAS G SCULLY, JR
603A S LOUDOUN ST
WINCHESTER, VA. 22601.4643
N
Michael T. Ruddy, Planner II
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
a Notary Public in and for the State and County
aforesaid, do hereby certify that Michael T. Ruddy, Planner II for the Department of Planning
and Development, whose name is signed to the foregoing, dated • y . q9) has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this -M day of I Ini 1 . 19
My commission expires on 0?U ' ` t
NOTARY PUBLIC
0 0
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
September 1, 1998
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #020-98 OF RALPH S. GREGORY
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, September 15, 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 #020-98 of Ralph S. Gregory for a proposed retail optical store. The
following variances are requested: 1. A 34.82' front yard setback variance from 1-8 1; 2. A 19.80'
front yard setback variance from Aylor Road (Rt. 647). The property is located on the west side of
Aylor Road (Rt. 647) at the intersection with Double Church Road (Route 641), and is identified with
Property Identification Number 75-A-51 in the Opequon 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 Handley Library approximately one week prior to the
meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia.
Sincerely,
✓�lc�iG�cc.c��%� K- �
Michael T. Ruddy
Planner II
MTR/cc
0:\Agendas\BZA\ADJOINER\R_GREGORY.BZA
107 North Kent Street • Winchester, Virginia 22601-5000
0
This is to certify that the attached
-rue. S /Mir
Frederick Counfy, Virginia:
75-A-51
Gregory, Ralph S & Carolyn P
101 Carter Place
Winchester, VA 22602-6428
75-A-49
Mogle, Roger L & Deborah K
810 Aylor Road
Stephens City, VA 22655-3119
75-A-58
Patterson, J.W. & Mary K.
189 North Street, #2
Strasburg, VA 22657-1201
75-A-47
George Washington Hotel Corp.
do Thomas G. Scully, Jr.
603A S. Loudoun Street
Winchester, VA 22601-4643
0
correspondence was mailed to the following on:
from the Department of Planning and Development,
74B-4-A-1
Hoover, Robert L.
107 Double Church Road
Stephens City, VA 22655-2781
Michael T. Ruddy, Planner II
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERRICK
I, 6effi HQ I ( , a Notary Public in and for the State and County aforesaid,
do hereby certify that Michael T. Ruddy, Pl II for t Department of Planning and Development,
whose name is signed to the foregoing, dated `7 , has personally appeared before
me and acknowledged the same in my State and County aforesaid.
Given under my hand this I5i day of2mtmb 19q.
My commission expires on
NOTARY PUBLIC
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Subsidiary of Washington Gas
David C. Reichert
Marketing Specialist
Phone vA (540) 869-1111 Ext t t t Post Office Box 2400
WV (304) 263-3366 Winchester, Virginia
Fax (540) 869-7565 22604-11600
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