HomeMy WebLinkAbout11-87 H.F.G. Partnership - Back Creek - BackfileBZ� - 061 47-1
41G� f c�G
COUNTY of FREDERICK
Departments of Planning and Building
'703/665-5650
August 20, 1987
Mr. Richard Hardison
c/o HFG Partnership
P.O. Box 2834
Winchester, Virginia 22601
Dear Mr. Hardison:
This letter is to confirm the Frederick County Board of Zoning Appeals' action at
their meeting of August 18, 1987:
Approval of Variance #011-87 of HFG for a 10' front setback variance for a
warehouse. This property is located on Musket Drive, in the Battlefield
Partnership Subdivision, in the Back Creek Magisterial District.
If you have any questions regarding your variance, please do not hesitate to call
this office.
Sincerely,
Robert W. Watkins
Planning Director
RWW/dkg
9 Court Square P.O. Box 601. - Winchester, Virginia 22601
3zR - oo l -87-z
VARIANCE #01 L'-87
H. F. G.
LOCATION .. Musket Drive in the Battlefield Partnership Subdivision
MAGISTERIAL DISTRICT - Back Creek
TAX MAP & PARCEL NUMBER - Tax Map 75, Parcel 1-A2
LAND USE & ZONING - Vacant commercial/industrial land use and B-3 (Industrial
Transition) Zoning.
ADJOINING LAND USE AND ZONING - Commercial and industrial land use and M-1
(Industrial Limited), B-2 (Business General), and B-3 (Industrial Transition)
Zoning.
PROPOSED USE AND IMPROVEMENTS -- Warehouse
VARIANCE - A 10 foot front setback variance.
REASON FOR VARIANCE -- Due to turn -around for VDOT, front yard area is reduced,
requiring a variance of 10'. Please see the attached plat.
BACKGROUND INFORMATION - The applicant wishes to construct a warehouse 25' from
the VDOT right-of-way. The B-3 (Industrial Transition) Zoning District requires
35', therefore, a 10' variance is required.
STAFF COMMENT - A site plan has been approved and prior to construction, a
building permit is required.
6?A, 001 -VI -3
/
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application No.Submittal Deadline is
Application,D to For the Meeting of
Fee Paid
1. The applicant is the !(ow/ner)1 ,�' (other) (check one)
( Ri
2. NAME: 1 j�� ,may-,,.�� s�;� OCCUPANT: (If other than applicant)
ADDRESS: 4? fJ. 1.3vx �LKJ NAME:
W�iJghe.r`iei- , �c� . 201 ADDRESS
TELEPHONE:- ��, Cj_'-fc TELEPHONE:
3. The
�� property is located aty (please give exact directions)
/T1uS (e--r DYl•Ve- J� iJ-I/`P'4/IP_I� I� GY �.%✓.i �.f /'/'� �G I
4. The property has a frontage of 1._5-,2.2 feet and a depth of
feet and consists of ),fir) acres. (Please be exact)
5. The property is owned by ��, r (a. �� �.7-,�,�ysJ,;,� as evidenced by
deed from recorded in deed book no.
on page , registry of the County of
6. This property is designated as parcel no. /-AZ on tax map no.
157 in the '-bQGk Magisterial District.
7. Property Identification Number:
8. The existing zoning of the property is: fa
9:, The existing use of the property is: /Aq/$ .
10. The adjoining properties zoning is: 12;-31; ✓i-/
1 1 . The adjoining properties land use is:,.�;
12. Describe the variance sought in terms of distance and type. (For
example - A 3' rear yard variance for an attached two car garage.)
/
13. List specific reas6n(s) why the variance is being sought in terms
of:
- exceptional narrowness, shallowness, size, or shape of a specific
piece of property, or .
- exceptional topographic conditions or other extraordinary
situation or condition of such piece of property, or
- the use or development of property immediately adjacent thereto
7`l�e -Db-Q PU-S �! Bldg, Wot/-IaL !�e4-i �J� Se-•r ba.e-/c
( e.gt.ti►-e Ntei✓'i- ---i)c !fi i."-J x/o /` r-oY �-h2 S'fc_--.e -t-r(i-.— tZ- koM d_
344n';Jr cr/ °��.� Se'T b�.clC t t�%ct_raz'K-rem %
Page Two
Variance
voi-W) _y
14. The following are all of the individuals, firms, or corporations
owning property adjacent to both sides and rear and in front of
(across street from) the property for which the variance is being
sought. (Use additional pages if necessary). These people will be
notified by mail of this application: (Please list complete 21-digit number)
NAME
1
2.
E STzw
Address:
t FS 1
Property ID#:
Address:
3 , �z6o
Property ID#:
%j SOU- O-U GOG- O G-UO -O
3.
Address:
Property
ID#
4.
Address:
Property
ID#:
5.
Address:
Property
ID#:
6.
Address:
Property
ID#:
7.
Address:
Property
ID#:
8.
Address:
Property
ID#:
9.
Address:
Property
ID#:
10.
Address:
Property
ID#:
15. Additional comments, if any
I (we), the undersigned, do hereby respectfully agree to comply
with any conditions required by the Board of Zoning Appeals of the
County of Frederick, Virginia, and authorize the members of the Board of
Zoning Appeals or a representative of the County to go upon the
property for the purpose of making site inspections. I/we hereby
depose and say that all of the above statements and the statements
contained in any exhibits transmitted are true.
Signature of Applicant: J� �� t� T I&, Date LE-8-
Signature of Owner:
For Office Use Only
Date
ZONING APPEALS PUBLIC HEARING ACTION OF (date)
Approval
Denial CHAIRMAN: L64zz'l '5:� �
061-rl Vt,
Page Three
Variance
Please use this page for your sketch of the property. Show proposed
and/or existing structures on property, including measurements to all
property lines. Please include any other exhibits, drawings or photo-
graphs with this application.
EXAMPLE
Adjoining Property YOUR PROPERTY Adjoining Property
o
v
(D
T
t
m
Addi-1
lion
i Pro ertLmeI
___Center of Rood
RoadSHOW
THESE MEASUREMENTS
--..26'y -j'u r/ ►your
LG
icicxi'cxifxitiici'ci'cic�fi'cxxxicicicxxx.c�citiitixi'c
#4611
BATTLEFIELD PARTNERSHIP'
TO :. :: DEED
�77
H F G PARTNERSHIP iY
Bin ! Obo
. SEP 2 31985
M
6. �
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1K602P:G66a
THIS DEED AND DEED OF PARTIAL RELEASE made and dated
this 23rd day of September, 1985, by and between BATTLEFIELD
PARTNERSHIP, a Virginia Partnership, party of the first part,
hereinafter called the Grantor, and HFG PARTNERSHIP, a Virginia
Partnership, party of the second part, hereinafter called the
Grantee, and BENJAMIN M. BUTLER; Trustee, party of the third
part, and FIRST AMERICAN BANK OFtVIRGINIA, EXECUTOR AND TRUSTEE
OF THE ESTATE OF VIRGINIA M. SHACKELFORD9 DECEASED, party of the
fourth part.
WITNESSETH: That,for and in -consideration of the sum of
Ten ($10.00) Dollars, cash in hand paid, and other good and valu-
able consideration, the receipt of which is hereby acknowledged,
the Grantor does hereby grant and convey with general warranty of
title unto the Grantee, in fee simple, as specific partnership
property, pursuant to Title 50, Code of Virginia, 1950, as
amended, all of those certain tracts or parcels of land, together
with the improvements thereon and the appurtenances thereunto
belonging, lying and being situate on Virginia Route 798, in Back
Creek Magisterial District, Frederick County, Virginia, contain-
ing 14.130 Acres in the aggregate, and more particularly described
as follows:
PARCEL 1A: All,of that certain tract con-
taining 4.130 Acres, and more particularly
described by survey drawn by Thomas A. Shockey,
C.L.S., dated August 30, 1985,, attached hereto
and by this reference made a part hereof as if
set out -in full;
PARCEL 1B: All of that certain tract contain-
ing 10.000 Acres, and more particularly
described by survey drawn by Thomas A. Shockey,
C.L.S., dated September 31 1985, attached hereto
and by this reference made a part hereof as if
set out in full;
0
p ol-rl--7
dk602FG669
ind the above parcels being a portion of the property conveyed to
:he Grantor herein, by deed dated February 25, 1985, from First
lmerican Bank of Virginia (Successor in interest to Shenandoah
Talley National Bank), Executor and Trustee of the Estate of
Firginia M. Shackelford, Deceased, et al, of record in the Office
of the Clerk of the Circuit Court of Frederick County, Virginia
Ln Deed Book 590 at Page 411. Reference is made to the aforesaid
surveys and deed for a more particular description of the prop-
!rty herein conveyed.
This conveyance is made subject to all easements, rights
)f way and restrictions of record affecting the subject property.
The property herein conveyed is subject to a deed of
:rust dated March 5, 1985, securing an indebtedness of the
irantor to the party of the fourth part,, of record in the afore -
)aid Clerk's Office in Deed Book 590 at Page 416, wherein
lenjamin M. Butler, et al, are designated Trustees, either one or
Lll of whom may act for any purposes, -including release purposes,
the party of the•third,.,part, as Trustee under the Deed of Trust
)nd at the direction of the party of the fourth part, and the
• M
)arty of the fourth part, as secured party and present note-
1
)older, do together join in this Deed, hereby releasing the
)arcel herein conveyed from said,Deed of Trust, but reserving the
Aen of said trust against any parcel not released hereby or•pre-
►iously released..
The Grantor•does hereby covenant thatit has the right to
;onvey to the Granteel that the,Grantee shall have quiet and
)eaceable possession of the said property, free from all liens
tnd endumbrancesf and it will.grant such further assurances of
title as may be requisite.
WITNESS the following signatures and seals:
2
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BK602Pa670
BATTLEFIELD PARTNERSHIP
BY W (SEAL)
�2ICHAI -G ARDISON, PARTNER
RA I S N R GRG R SEAL)
Ii
Uox (SEAL)
BEND IN M. TLER, TRUSTEE
FIRST AMERICAN BANK OF VIRGINIA,
EXECUTOR AND TRUSTEE OF THE
ESTATE OF VIRGINIA M.
SHACKELFORD, DECEASED
(SEAL)
��,.....` v;
STATE OF VIRGINIA, %�%•CA�G�""� JUO�
OF , TO -WIT:
I. OYy77Cu 9Y &A)A&k.-1 , a Notary Public in and
for the State and jurisdiction aforesaid, do hereby certify that
RICHARD G. HARDISON and RALPH S. GREGORY, PARTNERS OF BATTLEFIELD
PARTNERSHIP, whose names are signed to the foregoing Deed and
Deed of Partial Release, dated September 23, 1985, have person-
ally appeared before me and acknowledged the same in my State and
jurisdiction aforesaid.
Given under my hand this 12i day of
� � S /
My Commission expires /D A
0 o
NOTARY PUBLIC ' ; ,' ::.:•
STATE OF VIRGINIA AT LARGE, ""........
,
CITY OF WINCHESTER, TO -WIT:
I,CXA)AJtA_1,a Notary Public in and
for the State and jurisdiction aforesaid, do hereby certify that
IBENJAMIN M. BUTLER, TRUSTEE, whose name is signed to the fore -
(going Deed and Deed of Partial Release, dated September 23, 1985,
3
1
671 061-?-7.
BK60ZPG671
has personally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this Z]6L4 day of 1985.
My Commission expires
•� s
NOTARY PUBLI
STATE OF VIRGINIA, rJ�`• •� �
OF �v.# , TO -WIT: o, 11 1► ,`' 1
I� �� �S• , a Notary Public in and
for the State and jurisdiction aforesaid, do hereby certify that
FIRST AMERICAN BANK OF VIRGINIA, EXECUTOR AND TRUSTEE OF THE
ESTATE OF VIRGINIA M. SHACKELFORD, DECEASED, by
its n,-o 4 4 J la13 i 7r" QQ o�, whose
name is signed to the foregoing Deed and Deed of Partial Release,
dated September 23, 1985, has personally appeared before me and
acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this adday of bo , 1985.
My Commission expires
NOTARY PLWLIC ..t
` , ••,, J'•/j•ll 11 l�l/�11`
4
672
00 (-81 - /6
OTHER LAND
Iles'
1 NSET) I,P.(SET
I N 35. 37' 43" E — 3T3.32 I
BX602Pc672
P
0
z
J
W
O
ti M
N ►-=
PARCEL I A
3 4.130 X. W N
1= sO W
N 1n 2
• 0
Uj Q:
Z N
w I
o
,te a S 35. 37' 4e W — 416.94
ROUTE II
The above plat is a survey of a portion of the land conveyed to Battlefield
Pa.rtnerrhip, a Virginia Partnership, February 25, 1985 in Deed Book 590 - Page 411.
The said L;nd lies at the intersection of Route 11 and Route 798 in Back Creek District,
Frederick Cvmty, Virginia.
Beginning at the point of intersection of the Property Lines of Route 11 and the
Center Line of Route 798. Thence with Route 798 S 590 51' 03" E - 4S7.36' to a point
corm--r to the Other Land of Battlefield, Partnerchipl Thence with the said Other Land
N 350 37, 43" E - 373.32' to an iron pin(set). said course passing thru an iron pin(set)
at ll.CF'1 Thtmce N 540 22' 17" W - 455.27' to a point in the Property Line of Route 11,
said course pinsing thru an iron pin(set) at 4S3.27'1
Tb-mce with Routo 11 S 35° 37' 43" W,- 416.99' to the
point cf bc-inring.
i
Con taLning - 4.130 Acres o nIIAASIAAS PL SN U s
u
Surveyed - August 30. 1985 "' wcu;a Na
1271
< No SURVf(��
r
-7-
673
INTERSTATE ROUTE 81 '�°i�O
I. eK60ZPc6T3
l_
W
• NWY MON.
N 39. 14 3718 E ARC 505.59'
U1)
356.07'
a
tt-
S
89. 35� 39" E—124.22'—
o
Q
m
N
35. 56 00" E — 13.27!--
_j
3
PARCEL
I B
w
,
S 59. 51' 03
N
10.000
AC. 343 sl
F
O
Lto
4
a
Z
S 35. 37143" W — 978 2d
ZOO /ZOO
2 O
co
W
7
O
.•FOUND
• 11.88'
OTHER LAND PARCEL IA
4.130 AC.
BY SURVEY AUG. 30,1985 N
io
M'
. Inir
The above plat is a survey of a portion of the land conveyed to Battlefield
Partnership, a Virginia Partnership, February 25. 1985 in Deed Book S90 - Page 411.
The said Land fronts Route 798 and lies along the Property Line of Interstate Route 81
in Back Creek District, Frederick County. Virginia.
Beginning at a point in the Center Line of Route ?98 and corner to Parcel I.A.
Thence with Route 798 S S90 51' 03"-E - 343.51' to a point in the Property Line of
Interstate Route 811 Thence with Route 81 N 350 50' 00" E - 13.27' to a highway monumentl
Thence S 890 35' 39" E - 124.22' to a highway monumentl Thence with a curve of Are 505.59 %
Radius 11,559.16' and Chord N 370 59' 26" E - 505.55' to a highway monumentl Thence
N 390 14' 37" E - 356.07' to an iron pin(set) corner to the Other Land of Battlefield
Partnership) Thence with the said Other Land N 540 22' 17" w - 486.75' to an iron pin
(set)l Thence with the said Other Land and Parcel lA S 350 37, 43" W - 978.20' to the
point of beginning. said course passing thru an iron pin(found) at 966.3490
Containing - 10.000 Acres �{
Surveyed - September 3, 1985 ,,E,�LIU 0f.y
NIRONIA FREOU?ICK OWNTY, SMO T110MAS K. SHO K = I
TWs Inctrunwnt 01 wrttlng was produoed Uo � on ass 1�.T1^ L ,�7 a `
d and with carUi{cata d „,o -� "'• day d (UCErISE► Na
record. edgj WA g4r.co a we,rd taw 1271 i
14ND SURVC'+0s
f j "'wiP 1
Q�
i
OCT t -zs-7 --1 -)-
COUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
August 5, 1987
TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
RE: The application of H.F.G.
FOR: A'10 foot front setback variance for a warehouse. This property is located
.on Musket Drive in the Battlefield Partnership Subdivision in the Back Creek
Magisterial District.
This variance request will be considered by the Frederick County Board of Zoning
Appeal at their meeting of August 18; 1987 at 3:30 p.m., in the Board of
Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square,
Winchester, Virginia.
Any interested parties having questions or wishing to speak, may attend this
meeting.
Sincerely,
4" �' i�
Robert W. Watkins
Director
RWW/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
DPI-��-i3
This is to certify the the attached correspondence was mailed to the following on
August 5, 1987 from the Department of Planning and Development, Frederick County,
Virginia:
g
Mr. Richard G. Hardison
P.O. Box 2834
Winchester, Virginia 22601
North Stephen.6 on, Inc.
Rowe 8, Box 548
Winchesten, ViiLginia 22601
Etizabeth H. Stewatcd
Route 3
Winchaten, V Urginia 22601
Robert W. Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, pg/i%�ii�i f".(.f.[�/ , a Notary Public in and for the state and
county aforesaid, do hereby certify that Robert W. Watkins, Director of the
Department of Planning and Development, whose name is signed to the foregoing,
dated (g , has personally appeared before me and
acknowledge the same in my state and county foresaid.
Given under my
hand this
day
of , 1987.
My commission
expires on
?4
4
d -eorr /
NOTARY PUBLIC