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Home My WebLink About25-88 George Washington Hotel Corporation - Gainesboro - Backfile (2)1 ' COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 December 21, 1988 ATTN: Mr. Tom Scully George Washington Hotel Corporation P.O. Box 3038 Winchester, Virginia 22601 Dear,Mr. Scully: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of December 20, 1988: Approval of Variance Request #025-88 of George Washington Hotel Corporation for a 35 foot setback variance for a restaurant to be located on the northeast quadrant of the intersection of Routes 522 North and 37 in the Gainesboro Magisterial District. If you have any questions regarding your variance, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RidW/ dkg 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 cel 11, r � 3q 1! go 0 VARIANCE # 025-88 George Washington Hotel Corporation LOCATION - The northeast quadrant of the intersection of Route 522 North and Route 37. MAGISTERIAL DISTRICT - Gainesboro TAX MAP & PARCEL NUMBER - Tax Map 42(5), Parcels C-0, C1-0, and C2-0 LAND USE & ZONING - Vacant land zoned B-2 (Business General) ADJOINING LAND USE AND ZONING - Church, business, and vacant land uses zoned B-2 PROPOSED USE AND IMPROVEMENTS - Restaurant VARIANCE - A 35' setback variance REASON FOR VARIANCE - The location of the subject property, bounded on two sides by the north bound ramp leading to Route 37, makes the siting of the proposed restaurant difficult. To site it other than facing east would make the use of the tract uneconomical and the view of thebuilding from Route 522 less attractive. BACKGROUND INFORMATION - In the B-2 zone, structures must be set back 35' from the edge of a highway right-of-way. Applicant is requesting a variance from the setback along the.Route 37 entrance ramp so the the desired facility and accompanying parking can be accomodated. STAFF COMMENT - The right-of-way for the Route 37 entrance ramp extends horizontally a minimum of 35' back from the edge of the ramp itself. This area is to accomodate the slope necessary to construct the ramp. It is highly unlikely that anything would be placed within this area. The applicant must have a variance prior to site plan approval. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. --"�1095-88 Submittal Deadline is Applicatiorq Date 11-lz{-e8 For the Meeting of Fee Paid -5,q0 1. The applicant is the (owner) (other) (check one) George Washington 2. NAME:_ Hotel Corporation OCCUPANT: (If other than applicant) ADDRESS: P. O. Box 3038 NAME:' Winchester, Virginia ADDRESS: TELEPHONE: 662-3489' TELEPHONE: 3. The property is located at (please give exact directions) The Northeast quadrant of the intersection of Route 522 North and Route 37 Gainesboro Magisterial District l 4. The property has a frontage of 230 feet and a depth of 370 feet and consists of _ 1_'5 acres. (Please be exact) The George Washington 5. The property is owned b deed from Tucl�er, Ltd. �f Hotel Corporation as evidenced by r -inchPstr-r- Pt aJ recorded in deed book no. •' ;' on page , registry of the County of 6. This property is designated as parcel no.c-C/ G'— on tax map no. clti in the Gainesboro Magisterial isD trict. 7. Property Identification Number: 4�u00-005-0000-0000-0OC-0 42000-005- - - 42000-005-0000-0000-OOC-2 8. The existing zoning of the property is: B-2 9. The existing use of the property is: Vacant 10. The adjoining properties zoning is: B-2 11. The adjoining properties land use is: Church (Stine's Chapel) 12. Describe the variance sought in terms of distance and type. (For_ example - A 3' rear yard variance for an attached two car garage.) To eliminate the 35 foot set back requirement for restaurant building from the North bound ramp of Rou e , w i e main alTIIM7- on the South along Route 522 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 The location of the subject property bounded on two sides by the North bound ramp leading to Route 7 ma ::771111e si ing l tne- To osed restaurant difficult. To site it other than facing East would make the use of the tract uneconomical and the View of the building from Route 522 less attractive Page Two Variance 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 b( notified by mail of this application: (Please list complete 21-digit num. NAME 1. Address: Stine's c/o John Chapel Brewer Rt. 4 Box 257 Winchester. Property ID#: 42000-AO-0000-0000-01 70 2. Address: ,. Russon 530 Whitacre Street Winchester Property ID#: 42000-AO-0000-0000-01950 3. Address: Henry J. Ferris Cedar Grove Winchester VA Property ID# 42000-AO-0000-0000-01960 4. Address: Emmart Oil Company, Inc. Smithfield Avenue Extended Winchester. A Property IDf, 42000-AO-0 00-0000-000AO 5. Address: Emmart Oil Company, Inc. Smithfield Avenue Extended, Property ID#: 6. 42000-AO-0000-0000- B Address: Property ID#: oo0 - A w- o ooc) ouoo - 4�- 7. Address: Property ID#: 8. Address: Property ID : 9. Address: Property ID#: 0. Address: Property ID#: 15. Additional comments, if any The subject property is bounded on the West and Northwest by the Northbound ramp of Route 37 Virginia Highway system. 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- Date � 1 Signature of Owner: v ate` For Office Use Only BOARD,_OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) �Z ` % U L �� DApproval a Denial CHAIRMAN: �.yw� 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. O ;K to m m sa. -D yarn � 40 v � a �fr NO y2b'��''0 WFA 1 A E To Martinsburg, W Va. To Stephenson G To Gainesboro and C — D Hagerstorn,MdE m and West Virginia west Virginia P� o NORTH 522 oP FREDERICK m TERRACE 0 C&S kam 3 bbl Commercial & Savings Iank OFf ICIAI Virginiar I R! o�SDARVILLE OFFICE LOCATIONS MAIN OFFICE Loudoun and Piccadilly Streets ? ei°iy° Joe o� T4RRACEDE o°a tie pia 662-2561 NORTH BRANCH 662-25n and Commercial Streets a ARNER 4 and Vic 662-2561 MA ST Q. r +.4 date RGA REi a � v 11 a\\\ EAST BRANCH Si Berryville Avenue at a/ CRISMAN Nichols Shopping Center �._ 739 W ADDITION �Ef dbad 662-2561 �. `1 �q1, Fe 81 Seal SOUTH BRANCH / , PONDVIEW-DR �O _ �0 4j . Loudoun and Gerrard Streets k \ SST 662-2561 ° q tCERNSTOWN BRAxcH O ARROW PUBLISHING CQ 1 enue and Shawnee Drive Valley Avenue 4Rol/NE a ` /yam C,'E o� 662-2561 =_ Sr ` ` Ih. WHITACRE Q Air PP A� WLANE BRANCH �)I ;SUBDIVISION AID Weemseems Lane opposite Frederick Co. sCDTT N Ml RNl'eGSI Ward Plaza Shopping Center Jr High School �, sT LROyDT D4T DE D 662-2561 o ES AV y~ ty SENSENY ROAD BRANCH ¢ Z PSTROT MMEgCIA Senseny Road oppositie / PNNN < f BRCAR NER INNERS A Elementary School NORTH \P WY,� v ] WESTERN wNl WHITTIER r 662 2561T p I HILLS,' h ACRES p d? NS h !p C 1 S T ti Cs/r 4 _y STONEWALL Cy o a ¢ c m c l!@fR ~ BfgL 9T • ORCHARD GRADE ;' Y 50 NORTHWESTERN Kline 1 0° m y AV W �o Hayfield, � v o v �' Elementary F y q: Gore c II — Scnao/ ✓` w �c W W4C �� ,_� j UC NJK E 3 FI/✓�'/ SocreA /Hart MA ScAoo/ Vi Z HAWTHORN �� / _// Ry q m 2 E ST o ES N // •�� Poroc/lio/ ScAoo/ gMNEgSr 9L i m ACRT ST HAp�CA4•r Sr r/NGS rn .n 'a'p/'i' U�� - VA. 0 RA m�y 1 OurrDN ST 4 PICCAp > q /RG/Nlgc 2 TT—N 2 t�&�'a C WI o\ SHE QP qr A 'o , v RIES AV o m n, BER ST CAa \\ W lj H f c W RYVI m 3 R \ AM /lqy< DMERRIMAN � �y 3 ° ST UR/DG ESTATES �p EMi r a- qV e o /y l 4 h r FRED r ERICK � AV �'—ter COLONIAL o ? ¢ moW DNDN AV Ph! oti '� A'0 ATIDNq ti ODDCq h l� HGTS. z 9 W FE sr oo sr I D O K� Qh v V VAI —m 0 q N Wii xO 2 D RD \ V .e LA Qf ti NK HlAW W LEY 659 M/ Moun/ Nibron c i f a FRAAt,U c LI 011 � lEICE I ° o r v Cerns/•rr Q S7 RO ° SrEq �� = DORK i �m 2 NI<.10 '"W\OODSTOCK lA tiCENIC 3RI HARP o j A uNT/� ST v " W y oq CIR DR / GER C' v o e ¢ om H4�,PgILMAi��cctH COUNTY of FREDERICK wDepartments of Planning and Building lei ... 703/665-5650 December 6, 1988 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: Application #025-88 of George Washington Hotel Corporation FOR: A 35 foot setback variance for a restaurant. This property is located on the northeast quadrant of the intersection of Route 522 North and Route 37 in the Gainesboro Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of December 20, 1988, at 3:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on December 6, 1988 from the Department of Planning and Development, Frederick County, Virginia: - -- - - - _ BENHAM,-H.K*-III: George Washington Hotel Corporation BOX 807 P.O. Box 3038 WINCHESTER, ' VA. Winchester, VA 22601 22601 Stine's Chapel STINES CHAPEL' c/o John Brewer RT. 4 BOX 237: IWINCHESTER7,VA.� Route 4, Box 257 22601 Winchester, VA 22601 Emmart Oil Company, Inc. R U S S O N Smithfield Avenue Extended 530 WHITACRE,`ST'* WINCHESTER,:VA. Winchester, VA 22601 22601. i �FERRIS,"HENRY.J. S'EVELYNE.Do' I P. 0. BOX`3401 WINCHESTER,`VA. 22f5O l i GRACE BRETHERN'CHURCH 649 BERRYVIL'LE'AVE. !WINCHESTER, VA. 22601 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, fDi6tY-,0_ k. Ga4,1 ;/l , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated /?'3? , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of ::Doce,,,, bey , 1988. My commission expires on /%8g NOTARY PUBLIC -JUU11111.1.d1 UUdQllne is Applicatio Date 1 &{- e For the in of Fee Paid _q6(� M g -„ 1. The applicant is the (owner) (other) (check one) George Washington 2. NAME: _Hotel Corporation OCCUPANT: (If other than applicant) ADDRESS: p. O. Box 3038 NAME:' Winchester, Virginia ADDRESS: TELEPHONE: 662-3489' TELEPHONE: 3. The property is located at (please give exact directions) The Northeast quadrant of the intersection of Route 522 North and Route 37 Gainesboro Magisterial District ' t 4. The property hasa frontage of i230 feet and a depth of 370 feet and consists of _1_•5 acres. (Please be -exact) 5. The property is owned b The George Washington deed from Tucker, Ltd. o'f- Hotel Corporation as evidenced by ray nrt,PGtP,- f recorded in deed book no. on page, registry of the County of 6. This property is designated as parcel no.c-Con tax map no. in the Gainesboro Magisterial i�str ct. 7. Property Identification Number: 42 00-005-0000-0000-00C- 0 42000-005-0 - - - 8. The existing zoning of the property00s: B000-0000-OOC-2-p 9. The existing use of the property is: Vacant 10. The adjoining properties zoning is: B-2 "I 11. The adjoining properties land use is: Church -(St . ine's Chapel) 12. Describe the variance sought in terms of distance and type. (For_ example - A 3' rear yard variance for an attached two car garage.) a To eliminate the 35 foot set back requirement for restaurant buildinq from the North bound ramp of Route w i e main ainin • back on the South along Route 522 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 The location of the subject property bounded on two sides by the J r. ,ice • 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 numl NAME 1• Stine's c/o John Chapel Brewer Ad ress: Rt. 4 Box 257 Winchester. Property ID#: 2. Russon 42000-AO-0000-0000-01 70 Address: 530 Whitacre Street Winchester Property ID#: 42000-AO-0000-0000-01950 3• Address: Henry J. Ferris Cedar Grove Winchester VA Property ID# 42000-AO-0000-0000-01960 4. Address: 5• Emmart Oil Company, Inc. Emmart Oil Company, Inc. Smithfield Avenue Extended Winchester Property IDf,.- 42000-A0-0 00-0000-OOOAO= Ad ress: Smithfield Avenue Extended. Property ID#: 42000-AO-0000-0000-0 B • Address: C lqUR `( Property ID#: 7. . Ovv -A Ord-- ooc)- ooao - � - Address: Property ID#: 8• Address: Property ID : 9• Address: Property ID#: 0• Address: Property ID#: 15. Additional comments, if any The subject property is bounded on the West and Northwest by the Northbound ramp of Route 37 Virginia Highway system. 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. 42000-005-0000-0000-OOOC-0 BENHAM, H.K. III N. F. GRADE .40 A2 AG 17,400 SOX 807 WINCHESTER, VA. 22601 42000-005-0000-0000-00C1-0 BENHAM, H.K. III N. F. GRADE .61 A2 RS 26,600 BOX 807 WINCHESTER, VA. 22601 42000-005,-0000-0000-DOC2-0 BENHAM, H.K. III N. F. GRADE .31 32 CM 15,000 BOX 807 WINCHESTER, VA. 22601 42000-A00-0000-0000-0197-0 STINES CHAPEL GAINESBORO A2 IN 65,3D0 1,100 RT. 4 BOX 237 WINCHESTER, VA. i 22601 42000-A00-0000-OOOJ-0195-0 RUSSON N. F. GRADE 5.42 82 AG 108,400 31 ow 530 WHITACRE ST. 320 «INCHESTER, VA. -- — 33 22601 42000-A00-0000-0000-0196-0 FERRIS, HENRY J. EVELYNE D. N. F. GRADE 1.G6 32 CM 69,300 47,900 le P. 0. SOX 3401 WINCHESTER, VA. 22601 - - - - - NO NAME ON FILE M-F - - - - - - - NO NAME ON FILE == 42000-A00-0000-0000-0198-G GRACE BRETHERN CHURCH N. F. GRADE 9.68 62 AG 96,800 0 649 BERRYVILLE AVE. a2 'WINCHESTER, VA. a3 22601 440 L 0 L10 • • • • MAI: PAYMEf,. F TO: C WILLIAM ORNC O =F, JR. TREASURER, COUNTY OF FREDERICK P.O. BOX 220 WINCHESTER, VIRGINIA 22601 MAPNO.- 1#1')()C04jUC)0,(;C(;G000f)196£, TICKET NO, 2 4 ' 6 4 Our records indicate that your ! `y 8 d "first half" Real Estate Balance is: 1st HALF DELQ, jt, i C ij 10% LATE PENALTY INTEREST AS OF DEC. 5th - 1st HALF DELQ. DUE SECOND HALF REMINDER DATE DUE- i E'%. i_,' f:+{ y s , s 2NQ. HALF,- IOUNT OL E.. j MAP PAYMENT TO: C, WILLIAM ORNDOFF, JR. TREASURER, COUNTY OF FREDERICK P.O. BOX 220 WINCHESTER, VIRGINIA 22601 MAPNO.- 4GO+�iJe;t,`.U4 GCitii2GOt)C�ti TICKET NO, i 4 c b 7 Our records indicate that your 19 8 ,� "first half" Real Estate Balance is: 1st HALF DELQ. :<-: PA 10 4 10% LATE PENALTY INTEREST AS OF DEC. 5th - 1st HALF DELQ. DUE SECOND HALF REMINDER DATEDUE- Cam: f i�1r Lk* �4�it 2N". HALF Ar•'OUNT DUE - MAI' PAYME"T TO: O. WILLIAM ORND)FF, JR. i REASURER, COUNTY OF FREDERICK P.O. BOX 220 WINCHESTER, VIRGINIA 22601 MAP NO, 42000L1i.^Oi�'.;lirJi'i.`• ri;t.,:+ V TICKET NO, 2 4 � b kl Our records indicate that your i `+ "first half" Real Estate Balance is: 1st HALF DELQ. 10% LATE PENALTY INTEREST AS OF DEC. 5th - 1st HALF DELQ. DUE SECOND HALF REMINDER DATE DUE- ,:Etc ? �► Y�: 2ND. HALF ,"'OUNTA " 7. •' 5 .--._r- MAIL PAYMENT TO: C. t i.•., _——_ J` TREASUhL:H, G JNTr vF FREDERICK P.O. BOX 220 WINCHESTER, VIRGINIA 22601 MAP No, 42C50LiCiQJt:i:L'CiiCCiiOGLIi1 TICKET NO. 2 4 2 6 b Our records indicate that your j 3 h "first half" Real Estate Balance is: 1st HALF DELQ. 10% LATE PENALTY INTEREST AS OF DEC. 5th - 1st HALF DELQ. DUE SECOND HALF REMINDER DATE DUE - ,: L 2N^. HALF AMOUNT DI1E - ' 1; , r 0 HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHES RXIS-9 7 PG:7 8'3 THIS DEEDOF EXCHANGE, made this day of Rtt_L 1.988, between Tucker Limited of Winchester and Bentley Limited of Winchester, both Virginia corporations, of the one part, hereinafter called the Grantors; and George Washington Hotel Corporation, a Virginia corporation, of the other part, hereinafter called the Grantee. WITNESSETH: That in exchange for the conveyance of a tract ,of land on Cedar Creek.Grade in Frederick County, Virginia, the Grantors.dolgrant andconvey, with General Warranty and with English Covenants of Title, -unto the Grantee, in fee simple, -together with all rights, rights.6f way, privileges and appurtenances thereto belonging, all of that certain tract of land, containing,1.5'Acros, more or less, situated on the Southern.,siO of'Route...37:.and on the East side of Route 522 at the intersection of the two roads, just East of Winchester, in Gainesborp. Magisterial District of Frederick County, Virginia, bounded on the North by Route 37, on the Northwest by Route 37, on the.Southwest by Route 522 and on the'Southeast by the middle of.the abandoned Route 739; and being th' e same property conveyed to the Grantors herein by H. K. Benham, III, et al, by deed dated October 2.1, 1988..and recorded in the office of the Clerk of the Circuit.Court of Frederick County, Virginia irginia in Deed Book at Page This conveyance-,.ismade subject to all legally enforceable restrictive c.ovenants, and easements of record affecting the aforesaid realty, WITNESS the following signatures and seals:* TUCI�ER LIMITED OF,WINCHESTER (SEAL) .BISON & JOHNSTON ATTORNEYS AT LAW 'NCHESTER, VIRGINIA BK697PG784 LIMITED OF WINCHESTER LIM Pres STATE OF VIRGINIA, AT LARGE, OF 04,(I—To-wit : (SEAL) The foregoing instrument was acknowledged before me this day of , 1988, by President of Tucker Limited f o Winchester, a Virginia corporation, on behalf of said corporation. My commission expires STATE OF VIRGINIA, AT LARGE, ,. Notary Public OF To -wit: 6d�• •... ••� The foregoing instrument was acknowledged before me this -� day ofLhLnD-A_-_1 1988, b s 'President of Bentley Limited of Winchester, a Virginia corporation, on behalf of said corporation. My commission expires Notary Public VIRGINIA: FIREDERICK COUNTY, SCT. This instrument of writing was prodLtced to/mme on�the �r!ay 0 1 at- _!O0, %� and with ce tificate of acknowledgment thereto annexed was adiniite,,l to record. Tax imposed by Sec. 58-54.1 of and 55-54 have been paid, if assessable. bs{/Jy CLERK - 2 -