HomeMy WebLinkAbout08-89 Mark Repine (Trademark Ent) - Stonewall - BackfileCOUNTY of FREDERICK
Department of Planning and Development
703/665-5650
FAX 703/667-0370
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
-7
•
VARIANCE #008-89
Mark Repine
(Trademark.Enterprises)
LOCATION - 806 North Kent Street, at Cassell Biggs Distribution
MAGISTERIAL DISTRICT - Stonewall
TAX MAP AND PARCEL NUMBER - Tax Map 54, Parcel #62
LAND USE AND ZONING - M-2 (Industrial General)
ADJACENT LAND USE AND ZONING - Industrial land use zoned M-2
(Industrial General)
PROPOSED USE AND IMPROVEMENTS - An attached loading dock and
storage
VARIANCE - 5.3' north side yard. Have 19.7' - need 251.
REASON FOR VARIANCE - A new loading dock is required because some
trucks are longer and higher and block the road partially.
BACKGROUND INFORMATION - The existing loading dock is on the side
of the buiding facing the street.
STAFF COMMENT - A variance is needed in order`to construct the
proposed loading dock within the required setback.
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APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application N0.4 008-89 Submittal Deadline is Matzh 2y /'Vf
Application Pate 3-020 X!2 For the Meetin of '
Fee Paid s' 00 4!' d /2�31 p,H
1. The applicant is the (owner) (other)y (check one)
�r-RAOeM ARK
2. NAME: gEPloqeQCCUPANT: (If other than applicant
ADDRESS: O 3 NAME: CI-11p f216 ,S C6s�E��
— - �L-P/l�6/%A50& �A 2 e,5 ADDRESS: /t/ ST
TELEPHONE: G6TELEPHONE:�,1�.�,+�f/E�T�.�
3. The property is located at (please give exact directions)
L SEL 1d/6G5 AIST: ('J(' ENT 5T!'EET G✓iMcNESTEa�,
izOm .QT I CALi c>J ".!-
�A��
4. The property has a frontage of 75 feet and a depth of 22/• 9
feet and consists of .39A&-. acres. (Please be exact)
5. The property
is owned by
AT — cm 81666
as evidenced by
deed from A.
W /n1G EoQ
recorded
in deed book no. -7 9 7
on page :y
,, registry
of the County
of
6. This property is designated as parcel no. C 2- on tax map no.
�`in the Magisterial District.
7. Property Identification Number: 15-4000 - ,I oo -0000 - 0000 - oQ(.20
(al did& qumber ) '
8. The existing zoning of the property is: r"dusfr���
9. The existing use of the property is: '59rQoeA6E6� 4005TRiAL)
10. The adjoining properties zoning is: -,e?—
11. 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.)
57'..3 nRrep14AJC-E- v A,-rr,4e ,--o z-oAo1-v
oC � SRO Aw
Need
13. List specific reasons) 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 developm nt of property immediately adjacent thereto
- 1AICtF , J S tZ T L �%l
l� LC C 0 S G v R� .c'FSf�/i
rl n<u / S All —sr r 411 _W'Pn CZ7S C-''-��ir WT//.k Bcnc r -
/11 - - - //w A \
k14 -y2o9' - 69),e «e( 66I-/ 97,V- A.
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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 be
notified by mail of this application: (Please list complete 21-digit number)
NAME
1 . Ntj
5'R.
Address:
237
-Jo i j ry c- H—F,5 '
Property ID# :
-5-4000 `
Aoo - oc_)ob - 000'0 - 006-K0
2. 10,I/J , PL 0,14 G- " .
Ur
Address:
600 /XD
,��fv� s� a-.�/�v'c���sr��
Property ID#:
5-4 0 00
— 400 -- 0000 — 0000 006! co
3. �����,���
Address:
P Y
Pro ert ID A19 /_g`/ -o) - j - l fl Ao�C� �
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: 1�i�Gc�. ;>Date���
Signature of Owner:
Date �r2U-
For Office Use Only
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)
Approval Denial CHAIRMAN: `� 4/ T4tr4*K--1 3
v TV% 1 '4 114 3 0
of 4-
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-19
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F- x S
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c-4
car
o (41 1 — C) x �ro
i L- L —
L
N 3S*Lf 1 7 5'0 curb IiNt
p I u fA I y L�Nd ,
Proposed N. K e Nl- S N. Kerit 5t,
LAND COUVEYED TO CASSELL BIGGS AIM P,--�TRICIA G. BIGGS
BY DEED DATED 27 FEB---aWRY 1964 IN DEED BOOK 297 PAGE
422 AND BY DEED DATED 13 JULY 1978 1II, DEED BOOK 494
PAGE 829 - — - ALSO COMPOSITE S,JRVEY (1, 11, -.fliLY 1978)
IN DEED 300K 495 PAGE 231. STONEWAL,I,
FREDERICK COUNTY,
- - 44 JULY 197
- 8.
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•
April 4, 1989
COUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
RE: Application #008-89 of Mark Repine
FOR: A 5' 3" north side yard variance for an attached loading dock and storage.
This property is located at 806 North Kent Street in the Stonewall Magisterial
District.
This variance request will be considered by the Frederick County Board of
Zoning Appeals at their meeting of April 18, 1989, 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,
Kris C. Tierney
Deputy Director
KCT/dkg
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
This is to certify thae attached correspondence wasoled to the following on
April 4, 1989 from the Department of Planning and Development, Frederick County,
Virginia:
-% v-a-elei��al
/q+- P 13a�c 13 `
S+epk-- i S� VA 2--6 s6
CA; ) ails
'6U(o IV. e w� S-1-:
BIGGSi CASSELL F, PATRICIA C.9
261 SHA}v)04EE AVENUE
1W INCHESTE i VA.
22601
PECI(i GARLAND R. SR, j
GLADYS Gm
W.I CNESTERi VAo
22601
PLUMLyi P- t4o LUMBER CORP,
600 M, KE:NT STREET
W INCHESTER. 9 VA, -
22601.
Ayffe-
`Zi U 1 fU . Kok t S
�iucl2eS�-er �f/� 2zlGCD1
%I,a N, Key -f S -
tiUi nCd�.�s Iev VA 2.z-601
Kris C ney, De rector
Frederic -County ept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, G6ti4,a Notary Public in and for the state and
county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director,
for the Department of Planning and Development, whose name is signed to the
foregoing, dated pi-;f Ll, 1989 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my
hand this
�/ �t day of
Ap),;
, 1989.
My commission
expires on
,3e-pier-Joav
a3
/9 $ c1
-,-</ =�qa-v--�-ge
NOTARY PUBLIC
54000-A00-0000-0000-0062-0
54000-AQ0-0000-0000-0064-0
54000-A00-0000-0000-0065-0
3IGGS, CASSELL C PATRICIA C.
261 SHA.WNEE AVENUE
WINCHESTERP VA,
22601
PECK• GARLAND 2. SR.
£ GLADYS_G.
237 SHAWNEE AVENUE-
WINCHESTER9 VA.
22601
PLUMLYv_ P. W* LUMBER CARP*
600 N. KENT STREET
WINCHESTERv VA,
22601
WINCHESTER
WINCHESTER
WINCHESTER
.38 M2 RS
.37 M2 RS
12.96 M2 RS
169600
1819400
549000
67r500
181,000
171
#461
A. K. WMERT, ET AIS
TO: : : : DEED
CASSELL BIGGS.. ET UX �
iEdE.IF.lh9FlE.iFIEjEiEifdE.dEaE1EdEaF�iEiE.lkdE.lE.I�dEdE�aFdEdEiE' .
0
Bon 297 Pa 422
.
THIS DEED made and dated this �day of February, 1964, by
and between A. K. Wingert, widower, and Harold E. Wingert and Mary
Rhodes Wingert, his wife, parties of the first part, and Cassell Biggs and
Patricia G. Biggs, his wife, parties of the second part.
WITNESSETH: That for and in consideration of the sum of Ten
Dollars ($10.00) and other good. and valuable consideration, the receipt of
which is hereby acknowledged, the parties of the first part do hereby bargain,
grant, sell and convey, with general warranty of title, unto the parties of the
second part, jointly, with common .law right of survivorship, it being inte
that the part of the one dying should then belong to the other, his or her heirs
or assigns, the following described property:
All that certain tract of land situate in Stonewall Magisterial District
Frederick County, Virginia, a short distance North of the corporation limits
of the City of Winchester, Virginia, on the Southeast side of North Kent
i
Street, fronting SO feet thereon and extending back between parallel lines a
distance of 90.0 feet, more or less, and being the property acquired by
A. K. Wingert and Harold E. Wingert by deed dated May 18, 1948, of record
in the Office of the Circuit Clerk of Frederick County, Virginia. in Deed Book III
1206, at page 238, less and except a conve ance of a larger portion of said origiI
nal ,
conveyance from the said A. K. Wingert and Harold E. Wingert to William M.
Richards, by deed dated September 23, 1960, of record in the aforesaid Clerk's
Office in Deed Book 266, at page 243. A survey of said larger portion conveye.
is recorded in the aforesaid Clerk's Office in Deed Book 266, at page 244, and
a survey of the original tract conveyed to Wingerts from Plumly is of record
�in the aforesaid Clerk's Office in Deed Book 206, attached to the deed recordec
at page 238.
Reference is here made to the aforesaid deeds and plats and the refer
,ences therein contained for a further and more particular description of the
property hereby conveyed.
BOOK
r
This conveyance is made subject to all duly recorded and enforceable
restrictions, easements and rights of way.
Except as noted above, the Grantors covenant that they have the right
to convey said property to the Grantees, that they have done no act to encum-
ber said property, that the Grantees shall have quiet possession of said
property free from all encumbrances, and that they will execute such further
S.
assurances of said land as may be requisite.
WITNESS the following signatures and seals:
(SEAL)
. I.f ingert
(SEAL)
Harold E. Wingert
Mary,,Rhocles Wingert
STATE OF VIRG NIA
OF ` o-wit:
A .
a Notary Public in and for the State
and aforesaid, hereby certify that A. K. Wingert, whose name is
signed to the foregoing Deed, has this day personally appeared before me
and acknowledged the same.
Given under my hand this day of 1964.
r —
My Commission expires
. �wU
,*-Notary 1 1� is
STATE OF NORTH CAROLINA
COUM OF _ F0gSyT1i , To -wit:
1, Mildred Maye Wood , a Notary Public in and for the State
and County aforesaid, hereby certify that I-farold E. Wingert and Mary
Rhodes Wingert, his wife, whose names are signed to the foregoing Doed
have this day personally appeared before me and acknowledged the same.
1964.
Y4.
Given under my hand and notarial seal this 27th day otPebruary
My Commission expires April 13, 1964
Cr---
Notary Publi
VIRGINIA FREDER:CK COUNTY, SCT.
Ns truftum 4 wriTt-'Q was produced 10 rtw pn th>a �_ day pf ^ YLir1 , `
b i and with ct TtTf''y' to artnax vd 'waa c�cirr Armory'
./Y./11/..Ir
•
0
#462
CASSELL BIGGS, ET UX
TO: DEED OF TRUST
J. SLOAN KgYKENDALL, ET AL, TRS.
B001% 297 PAGE 424
01.
THIS DEED OF TRUST made and dated this day of 17)4rc k .
1964, by and between Cassell Biggs and Patricia G. Biggs, his wife,
parties of the first part, and J. Sloan Kuykendall - of
Winchester, Virginia, and Henry H. Whiting of Frederick County, Virginia,
Trustees, either oncof whom may act, parties of the second part.
WITNESSETH: That for and in consideration of One Dollar ($1.00) cash
in hand paid by the said Trustees to the parties of the first part, on and before
the delivery of this deed of trust, the receipt of which is hereby acknowledged,
the parties of the first part do hereby grant and convey, with general warranty
of title, unto the said Trustees, and their successors forever, the following
real estate, to -wit:
All that certain tract of land situate in Stonewall Magisterial District,
Frederick County, Virginia, a short distance North of the corporation
limits of the City of Winchester, Virginia, on the Southeast side of
North Kent Street, fronting 50 feet thereon and extending back between
parallel lines a distance of 90.0 feet, more or less, and being the
same property conveyed to the Grantors herein by deed of A. K.
Wingert, widower, recorded immediately preceding the recordation
of this trust in the Frederick County Circuit Clerk's Office.
U \'
TO HAVE AND TO HOLD the property herein conveyed to the said
N
I
N
N
U
°
V
Trustees andtheir successors forever.
a
m
BUT UPON THIS TRUST NEVERTHELESS: To secure the holder thereof
r
the payment of one negotiable bond of even date herewith, drawn by the parties
—
of the first part in the sum of Nine Thousand Dollars ($9, 000) payable to the
,
o
9 f
.;�
order of A. K. Wingert
n
0
y
o
in semi-annual installments of Four Hundred Fifty Dollars ($450) each, be-
ginning September 1, 1964, plus interest on the unpaid balance at the rate
r o
of five (5) per cent, and continuing each six months thereafter until the
O
m �
V,
entire principal is paid.
0
e
800,1 ?;1 % PACE 44
AND FURTHER IN TRUST, to secure the payment of any money, with
`• interest thereon, advanced by the holder of the hereinabove described note to
' the parties of the first part or their successors in title at any time before the
release of this deed of trust for any purpose to the extent that the amount
advanced at any one time when added to the balance due on the original
indebtedness and any prior advance, shall not exceed the amount originally
secured by this deed of trust.
This deed of trust is executed and is to be construed in accordance with
all the provisions of Sections 55-59 and 55-60 of the Code of Virginia, and all
amendments thereto, except as otherwise provided herein.
Advertisement required: A single publication of notice of sale at least
ten (10) days before the date of sale in any newspaper- of general circulation
or published where the property is located. Commission of two and one-half
percent (2-1/2%) of indebtedness due Trustees if property advertised but
indebtedness paid before sale.
Right of anticipation reserved upon sixty (60) days written notice.
Exemptions waived. Subject to all upon default. Insurance required against
fire and other calamity in the amount of the original indebtedness secured
hereby.
All powers conferred by this deed of trust on said Trustees may be
exercised by any one or all of said Trustees.
Tlie holder of the indebtedness secured by this deed of trust is hereby
granted the power to appoint a substitute Trustee, or Trustees, in accordance
with the provisions of Section 26-49 of the Code of Virginia in the event of the
resignation, death, incapacity, disability, removal or absence from the State
of a Trustee or Trustees; such substitute Trustee or Trustees shall be
designated by instrument duly executed, acknowledged and recorded among
the land records where the property is located and shall have the same powers
I
as if originally named herein.
-2-
1
0
0
E
BCoK 29? PACE 426
Witness the following signatures
d—geals:
(SEAL)
Cassell Biggs
Q��E(SEAL)
7a,trIc a 77 Biggs
STATE OF VIRGINIA,
Cc yy
OF /4, _� , To -wit:
a Notary Public in and for the State and
aforesaid, do hereby certify that Cassell Biggs and Patricia G.
Biggs, his wife,
whose names are signed to the foregoing
deed of trust bearing date the day of ��ia�r�-+L 1964 have
acknowledged the same before me in my State and 1 aforesaid.
My Commission expires
�s
Given under my hand this, day of �% 1964.
WRGINUI PREDER!CK COUNTY, SCT.
T,IS h,stry of wrlMg was produoed to me on tl
at 3.,
�-5- 4 1 lim and with rt % / q o f I
cfc
to record. / U
-3-
e'— 6 r I-LC-I/L►./
'Notary Pub is
ledg Pnt tfie a annexed we s admitted
Clerk.
1
c
i /
1. The applicant is the (owner) (other)y (check one)
2. NAME: f'y1,��'K CEP/JN6. C&^+T�rPi�2 CCUPANT: (If other than applicant
ADDRESS: ,PT41 (3oX 139, NAME: Ci-IiP
V'A _22 ADDRESS1\/i -5
TELEPHONE: TELEPHONE:
3. The property is located at (please give exact directions)
G� S S' C LC.._ Q/ 6 5 P l 5 g ,36, ,/J ;s�E N T sTE'E� % , c✓ �r•� cN� s � �a�
�eom 'TA /_'-J d
fin{
4. The property has a frontage of 7,5 feet and a depth of 22IJ
feet and consists of A3`'A�. acres. (Please be exact)
5. The property is owned by P�ilelclA 13/(,6,S as evidenced by
deed from .q. K _ recorded in deed book no. 29 %
on page 7 , registry of the County of
6. This property is designated as parcel no. 6.2- on tax map no.
!�-4 in the STo�l�W,9�-c-- _ Magisterial District.
7. Property Identification Number: �40o0- f} 00 -0000 - 000(D C)C)620
8. The existing zoning of the property is:
9. The existing use of the property is: ST06egGE6�A005T�'4(-)
10. The adjoining properties zoning is: �� Z
1 1 . The adjoining properties land use is: y-."Te `gL--
12. Describe the variance sought in terms of distance and type. (For
example.- A 3' rear yard variance for an attached two car garage.)
R /\JC-E ro P 4TTA,�rf,�:O
aCK
13. List specific reasons) 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 developm nt of property immediately adjacent thereto
SiivC r' 01,U s rZ T W) T/� 1 v �- / (� N E7L
/JAA S rrl61t7s C--Fl=�<T /70c Rcoclt
r14 ,\
113
Property adjacent to bothlsidesIs, firms, or corporations
(across street from) the p and rear and in front of
sought. (Use additional property for which'the variance is notified b pages if necessary). These being
Y mail of this application: People will be
(Please list comma to 21_digit number) NAME ---
�L}eLANA ,e, Address:
232 S �,v
Property �
Ip# ; vE. t-J.
2 . 64000 - /-1 00 -
Address: OOob OpoO ^ 906¢p
Propert Address 5-9 00 •4OG� - OaO - 0000
P ro e rrnJT j G�inl
f' �/Cf/S �OoOs p
47--et)5LOA) INC Address: AP�l3�^0} �J - lA Acc� 060
j f®� CV/LPGiA/it}- i6,099, &S PropertyESTE� ;
5 J Address: rQ -,4 " 2 9cc
Property ID#:
6. Address:
Property ID#:
r 7.
Address:
Property ID#:.
8.
Address:
Property ID#:.
9. Address:
f
Property ID#:
10.
Address:
Property ID#;
15. Additional comments, if any
I (we) the undersigned,
with an 9 g ► do hereby respectfully
County of conditions
required
quired by the Board of agree to comply
Zoning Appeals the
the
Zoning Appeals or g ► and authorize the members of property for the a representative of the County to O the Board of
depose and r purpose of making site inspections.g upon the
y that all of the above statements I�st hereby
contained in any exhibits transmitted are true, and the statements