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HomeMy WebLinkAbout02-90 Robert A Carter - Gainesboro - Backfile (2)rJpon submittal of your completed application, a sign will be provided for you PT LEAST SEVEN (7) DAYS BEFORE THE HEARING, the sign must be placed at the property line and be maintained so as to be legible until the date of the hearings. Failure to comply means that your request will be tabled. I UNDERSTAND THAT I AM REQUIRED BY LAW to display a sign provided by the Frederick County Planning Department. I UNDERSTAND the terms explained above. My signature verifies that I have received said sign. 00 Signature RECEIPT N'2 022783 AMOUNT DUE sf AMOUNT PAID BALANCE DUE ❑ CASF! CHECK ❑ OTHER FREDCRICK COUNTY DCPT. OF PLANNING AND DEVELOPMENT P. O. BOX 601 • 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 RECEIVED FROM ADDRESS THE SUM OF FOR i DATE BY ti. COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 February 22, 1990 Mr. Robert A. Carter HC 36, Box 340 A Winchester, Virginia 22601 Dear Mr. Carter: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of February 20, 1990: Approval of Variance Application #002-90 of Robert A. Carter for a 75' buffer variance for warehousing and mini -storage. This property is located on the north side of Route 679 in the Gainesboro Magisterial District and is identified as parcel 176B on tax map 42. Upon return of the sign you were issued by this department, we will begin the process of returning your $25.00 deposit. If you have any questions regarding this variance do not hesitate to call this office. Sincerely, W. ayne Miller Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 VARIANCE #002-90 ROBERT A CARTER LOCATION: North side of Route 679, adjacent to the bus barn MAGISTERIAL DISTRICT: Gainesboro TAX MAP & PARCEL NUMBER: Tax Map 42, Parcel # 176-B_ LAND USE & ZONING: Vacant Zoned B-3 (Industrial Transition District) ADJACENT LAND USE & ZONING: Residential, RA (Rural Areas), M-2 (Industrial General District), B-3 (Industrial Transition District) PROPOSED USE & IMPROVEMENTS: Warehousing and mini -storage facility to be built'on the property. VARIANCE: 75' Buffer Variance REASON FOR VARIANCE: If variance is not granted, property cannot be used for uses permitted in the B-3 Zoning District. BACKGROUND INFORMATION: Planned use is permitted in the B-3 zone but could be restricted by the 100 foot buffering required on the northwest side that borders on the Rural Area (RA) Zoning District. Further impact on the planned project is caused by the entrance off of Route 679 that removes any flexibility because it cannot be moved to another location. This is dictated by Virginia Department of Transportation. STAFF COMMENTS: A 25 foot buffer with adequate screening would be appropriate for this situation. Since the adjoining property owner has no objections, approval would not adversely impact the general area around property. COUNTY OF 'FREDERICK 9 COURT SQUARE P. O. Box 601 WINCHESTER, VIRGINIA 22601 • i SEDER MOVED -NOT FORyyARDARLI FROM ANNANDAIE, VA Do use this envelop « *Mpper again TAVENN Rt FRANKE it 5105-1 BACKLICK RD. ANNANDA Ep VA. TERESA F. 22003 (1" lU.S.PUSTAR Jp� % -.0.257. ME TER71aQ!4 • FEB 121990 ' COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 February 6, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: Application #002-90 of Robert A. Carter FOR: A 751 Buffer variance. This property is located on the north side of Route 679, adjacent to the Frederick County bus barn, in the Gainesboro Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of February 20, 1990, at 3:30 p.m., in the Board of Supervisors meeting room, the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, 60. a � 4.,ez , W. Wayne Miller Zoning Administrator WWM/slk 3 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. Submittal Deadline is Application Date For the Meeting of A -ill -�p Fee Paid / Lli-910 1. The applicant is the (owner) (other) (check one) 2. NAME: OCCUPANT: ( If other than applicant) ADDRESS :.&c, 6 gdok _ ZW NAME: ,"''��l/,l.-=�" ��✓`e ��f % ADDRESS TELEPHONE: ; ��a,�t TELEPHONE: 3. The property is located at (please give exact directions) iU=1 6ci-r - �� e d) or- �T A /17 - ad i fib � -,-(3ITf 9" 4. The property has a frontage of feet and a depth of feet and consists of � acres. (Please be exact) 5. The property is owned byQL'% /%j_;�f`%� �1� as evidenced by deed from; :,,/,,;�1 ,'n recorded in deed book no. --723 on page registry of the County oft���'/c-,' 6. This property is designated as parcel no. %' on tax map no. ,44� in the (1�'%fir � � p� Magisterial District. , 7. Property Identification Number: �!c') 0, %-., 0!0— '000-FOOD--C),/ 8. The existing zoning of the property is: 19-23 9. The existing use of the property is: 10. The adjoining properties zoning is: //FA/1 r 17 11. The adjoining properties land use is:.�"O�'r/4 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) 1 v f%i'%9n' ,AIn F-- 11 If 0, gz" M�". 4'"+ Atal"_ ll�I ass Q 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 development of property immediately adjacent thereto ']V=- irn-W f G, ,16 r-- 1,. 11 c --r— r r AAJW�-=:-i) P r7-6 P - K 1 V CIA0 _Nd-r- >Page Two Variance 0 • 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. H I P-RAE T I"� e Address: 1S) L �H•P.SDAU D . 1�� ►-1+ � MI (�S I .. -A-B Property ID#: 42-00c> - A00 -- 0000 - Ica -01-7 ~ �0 2. r � 11h1J S Address: • E; o Z. '/ 16X 3 i W i Mete ES-rff . ui 2 -2 �O f W 1 r_ . ffl• Property ID#: Co - ata O 6000 6 2 1 - 3. �i2lUL"121Cto 1�Oti�J'- `/ Address: H I S ST. P (� ��� i� V\/lNC• Property ID# 4-L000 - AOO - ®©W - 06-0 •- 6ZS0 --U �)Coolk- 4. Address: 5 165 - L KICKU Q-W, �.i> . ANMA-NbNLE i VA ZZC03 Property ID#: �} 24Ct� •- /fib b -- oc�C)� •� � -• Q I7 �a -- 6 5 /� ozo"" Address: 7� 0Y 10 I i-TWA V-T- 1M i tJ c+ t1���� ��i ZZ4�� � Property ID#: 42-o,3o - a it - bwo - 0006 - WIG 9 - U 6. 1 Address: �.i'J..Ol� NL�iwY ' /I �-z J 1Y�ti �r. 1.J�}� 1 1 Cd t/� NO LC-L , 6� . OM P-7 Property ID# • 426co -- itQ4 - bew-) -- ocaco --off`( Z -o 7. Address: 10,413 &(YJD Property ID# : 8. Address: �Lutar� t-P_�� J'ji'hr'i ��T. f�'uj(' �l V\l i i1��1•{'i..�i1=`� A-C-T- �• l rS4 K!-c°/. 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` ��-� l� �� Date Signature of Owner: C5'+ .L 2 Date For Office Use Only ,5 BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) �'"; 0 Approval Denial CHAIRMAN: rizsv� I- L-1 0 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 February 6, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: Application #002-90 of Robert A. Carter FOR: A 75' Buffer variance. This property is located on the north side of Route 679, adjacent to the Frederick County bus barn, in the Gainesboro Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of February 20, 1990, at 3:30 p.m., in the Board of Supervisors meeting room, the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, W. Wayne Miller Zoning Administrator WWM/slk R 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that attached correspondence was ma to the following on February 6, 1990 from the "'T3epartment of Planning and Development, Frederick County, Virginia: i Robert A. Carter H C-36, Box 340-A Winchester, VA 22601 FEATHERSX ROBERT Lo & D019ALD W. p. 0. A-OX 2272 �VJ:INCHESTERi VA., MCCABC3, ,MICHAEL T. 5128 SCARSDALE ROAD BFl"H SDA y MD- i RH1, DE:S? WI LL.IAM J. jR .CLESTER L� RT 2 BOX 31 WINCHESTE tt VA FREDERICK COUNTY 1415 AMHERST STv P4 0, 803(" 3aO8 t4INCHES'T'ERP VA. WOLFE., ALTON E .SR I C BONNIE K. BOX 10 THWAI'TE svfINCHESTERt VA 22601 OMPSv CHARLES 'yJfl SHIRLEY BI.C:OMERY .',TAR RTs, BOX 11.8 175A1C}-ESTFP,r N/A 14 22601 GOODS JOHN P. iMARY L9 2O816 � RT,, B 130X 963 - ---- I i WINCHESTER -# VA. � 2:2r',gl YFAKLE Y, STE WART S m 22601 €3LOONGRY .STAR RT. BOX 56 SCHOOL BOARD€rd:tJ�iCiIESI'� Rf VAS 22601 22601 T.AVENI` E D FRAaNKE & i ERESA. FO 5105-1 BACKLICK RD. ANINANDALE? VA* 22003 W. Wayne Miller, oning Administrator Frederick Count Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, �/l P/YI pp x/ I/j&I- J�b— a Notary Public in and for the state and county aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated 4Zvv tt Gi %��U , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of _c e 64e4 , 1990. My commission expires on �%// ,�% �` 4LY / 52 42000—A00-0000-0000-0176—B FEATHERS# ROBERT L. ALBIN & DONALD W. • P. 7. BOX 2272 WINCHESTERt VA. 22601 • 42000—A00-0000-0000-0176—A MCCABEt MICHAEL T. ALBIN 5128 SCARSDALE ROAD BETHESOAt MD, 20816 42000—A00-0000-0000-0231-0 RHODES# WILLIAM J. JR. N. F. GRADE & CLESTFR L. i RT, 2 BOX 31 WINCHESTERt VA 22601 ! 42000—A00-0000-0000-0230-0 FREDERICK COUNTY .SCHOOL BOARD GAINESBORO 1415 AMHERST ST. P. O. BOX 3908 WINCHESTERt VA. 22601 42000—AO?-0000-0000-0178-0 TAVE-NNERt FRANKE & TERESA F, ALBIN 5105—I BACKLICK RD. ANNANDALEr VA. 22003 42000-011-0000-0000-0001-0 WOLFE, ALTON E SR, AL3IN ACRES Ll • & BONNIE K. t3OX 10 THWAITE WINCHESTER# VA. � 22601 42000—A00-0000-0000-0242-0 OMPSt CHARLES Wo & SHIRLEY ALBIN BLOOMERY STAR RT. 9OX 118 WINCHESTERr VA* 22601 d r 0 0 RUN DATE: 02/090 40 FREWICK COUNTY, VIRGINIA PLANNI & DEVELOPMENT LABEL LIST 5.00 A2 AG 159000 6t600 5,64 A2 AG 14t100 1.00 A2 RS 8000 31000 6.02 A2 IN 40000 1389000 6,76 A2 AG 20t300 A2 RS 7000 559500 3.90 M1 RS 35000 169t700 • *E 3 NAME/ PROPERTY LAND IMPROV. MAP N0. /ADDRESS DESCRIPTION ACREAGE ZONE U/C VALUE VALUE ------- ----------- ----------- ------- ---- --- ------------ 42000—A00-0000-0000-0254-0 GOOD# JOHN P. & NARY L. ALBIN 10.90 A2 AG 32t700 RT. 8 SOX 963 WINCHESTERt VA, 22601 • 42000—A00-0000-0000-0227-0 YEAKLEYt STEWART S. N. F. GRADE 40.00 A2 AG 60000 BLOOMERY STAR RT. BOX 56 WINCHESTERr VA. 22601 • E Frederick County Board of Zoning Appeals RE: Robert Carter 5.000 acres on Route 679 To whom it may concern: I write in support of Robert Carter's request for a variance from the 100 foot buffer requirement of the zoning ordinance. I live immediately west of Mr. Carter's property, on land zoned R-A. My property is surrounded by property zoned B-3. As this area changes, I expect that my residence will be rezoned at some point. Mr. Carter's site plan proposes screening with white pines along our common border. If that screening is made a condition of the variance, I request that he be granted a variance that will reduce the buffer zone from 100 feet to 25 feet. Respe�cct, full William J. hodes Route 2, Box 31 Winchester, Virginia 22601 `i'IZ o-F /c(`�t� MY Comm: ;,;ion L. Allen Ebert Professional Land Surveyor 35 W. Boscawen St. Winchester, VA 22601 703 667 3233 25 January 1990 Frederick County Board of Zoning Appeals 9 Court Square Winchester, VA 22601 Re: Requested variance from required distance buffer (Section 2-7-4.5) - Albin -Ridge Warehousing and Mini -storage. Dear Sirs: Robert A. Carter and Clara Lorene S. Carter, owners of Frederick County Parcel 42000-A00-0000-0000-0176B, a 5.00 acre tract fronting Va. Route 679, are requesting a variance from the separation buffer required between B-3 zoned land and RA zoned land used primarily for residential purposes. As the designer of the proposed B-3 development, I can suggest several reasons why the variance is appropriate. First, in terms of the basic design, the portion of the tract that is closest to the residential use is to be developed into a low density office use, which is among the least intensive uses permitted by the B-3 zoning. Although a building of up to 35 ft. high is'permitted, the particular building which is located closest to the residence is to be limited to one story, in keeping with the existing character of the area; the building itself, along with the proposed evergreen trees, screens the residence from the roadway and parking area more effectively than a simple landscaped strip. The proposed plan represents all of the development which would occur within the buffer area, because the existing drainfield precludes further development. This front portion of the tract is exceptionally narrow, only about 210 ft. wide at the building line. If 100 ft. is used for a buffer, 30 ft. for an access road and 20 ft. for parking, only 60 ft. of width is available for building purposes at the widest point and only about 50 ft. at the narrowest. This also forces any structures very close to the county bus facility, which is a less desirable location. Most importantly, the Virginia Department of Transportation will grant an entrance permit only at the location shown. The entrance literally cannot be moved at all in either direction. Since an entrance cannot be constructed on Route 522 because of insufficient frontage, denial of the variance would eliminate commercial access to the,property, which surely constitutes a hardship approaching confiscation. r 9 0 Frederick Co. Board of Zoning Appeals 2 In the rear of the property, the variance is appropriate because the residence on the RA property is located very near to Route 679, more than 300 ft. from the rear property line. This distance, along with the provided building offset, provides an existing buffer more than three times the required distance, and evergreen trees are planned in this location as well to provide additional protection. The existing structures behind the residence also screen the development. In summary, this property is unique in this area. It is the only B-3 zoned parcel, and the only undeveloped commercially zoned property in the vicinity. It is an odd shape, which limits the design choices available. The entrance and access road can be placed in only one location. The residential use adjacent to the parcel is igol.ated from similar uses in the vicinity. The special conditions present fully meet the requirements for a variance as set forth in Sections 22-2-2, 22-2-3 and 22-2-4. Yours truly, L. Allen Ebert 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 Adjoinin Property o iD T �p � � t r— m IAddi tion i n o a Property Line __--Center of Road ------- Road SHOW THESE MEASUREMENTS `SEE kmAeiAep 'PLtI APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. Submittal Deadline is Application Date / /Q-9d For the Meeting ofD-Q�j Fee Paid 1. The applicant is the. -(owner) (other) (check one) 2 NAME: % OCCUPANT: (If other than applicant) ADDRESS: ".G ' 3 0 ,NAME:. ADDRESS: TELEPHONE: - TELEPHONE: 3. he property is located at (please give exact directions) t L C , .,� ^ r- 'Pr -7G _ - J . *-r -rv% --Mv L f%, z S G A-P,nl . 4. The property has a frontage of feet and a depth of feet and consists of -- acres." (Please be exact) 5. The property is owned by / C &X as evidenced by deed from_ recorded in deed book no. on page —/—, registry of the County ofiP,,PLc, 6. This property is designated as parcel no. '7X'-,6 on tax map no. —in the ,�'�4/i�,Q�J Magisterial District. 7. Property Identification Number: 0 00- 00-0000-0000-0 8. The existing zoning of the property is: 9. The existing use of the property is: � C44"' 10. The adjoining properties zoning is: T � J 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.) o 13. Lisa specific reason(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 -,Page Two Variance 0 14. The following are all of owning property adjacent (across street from) the sought. (Use additional ,notified by mail of this 4 ' TAMF. the individuals, firms, or corporations to both sides and rear and in front of property for which the variance is being pages if necessary). These people will be application: (Please list complete 21-digit number) 1 . C� w{AEl T. M �l�B Address: C -'(�� DCAP-5DAL.0 R7 ET'F}ES�� MA I Property ID#: 42000 - I}oo - ooaa - o000 -o i -7 G, - A 2. 11.LI NODES Address: Rr Z � ,-�/ 9"X 31 {/YINo-w zstEr- VI 2260I Property.. ID# 42oon - A oa - 0000 - OooO - b 11�• 3. F,�eD�o-v, Ca�N Address: H Is A At4.w'EPST ST. Property ID# 4-Loco - Ao13 -- 0000 = aaz=o - o -7 3a - O Sc trooL � �� 4. ���NK � . TRdt-►���� Address: _ 5105-T CK FI-0. ANWA-PoR-LE.1/A 22oa3 Property ID#: 42000- Mo -coca --o17is-O 5. A ��wJ E . WoL� S Address: f &)e 10 1 w+WA II-E V/ 3c�� V� Zz�o j Property ID#: 42o0o - p I► - 0000 - 0000 - Coo i - O 6. Address: &ODAErcy SnW, 1 -r. Bn 1l8 WArve C}#ARL S �J . OMPS Property ID# : '42Cd0 - iEoo - 0tX3o -ocxU =024Z-0 � . 7. Address: loi+?3 GOOD J Property ID# : i 42-OOD - PrOO - 0000 — cxDC� —o zs4 -0 8. • Address• . Bw 51 `/V nie_iitl= a�r�Ee:/ nA hTt3 �/ 1G4YLGy. Property ID#: 47-0m- Roo - 6WO -000D - 6177-0. 9. Address: Property ID#: 10. Address: Property ID#: 15. Additional comments, if any S61�s 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 Lmaking 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 Signature of Owner: For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) Approval aDenial CHAIRMAN: Date 0