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Home My WebLink About17-93 Hilltop House Inc - Stonewall - Backfile (2)r • • RETURNED WANTS • TO I� DATE: TIME: NAME: f+(Li-TOp [4vLJSE/ SH i -H ADDRESS: 7) TAX MAP: 95 e ^ A I.4- ZONING: 6-2 ,Ar=r SUBJECT: fUFEEf2'- PaMl' vAQ,A oylo�Ap PHOTOGRAPHER: R • L(LLEY so DATE: TIME: NAME: la oP X;m ly ADDRESS: (kT 7 TAX MAP: ZONING: SUBJECT: 17.93 VIO NO: PHOTOGRAPHER: 9• LlL_t Y DATE: TIME: NAME: 14ILLTbp &()� SM �f ADDRESS: 7) to(( FEIepZY✓(LLB PIW TAX MAP: A ZONING: D 2 / g SUBJECT: �✓U��£�-�' PHOTOGRAPHER: g. LlL�� DATE: TIME: NAME: ��6LT�P /{vo,5c A;m I 'lk ADDRESS: � • 7) TAX MAP: � s - a - (4' ZONING: g' 2 /g� SUBJECT:y VtOtAVAPA� �� 4r i l - `j F2 PHOTOGRAPHER: P • LiLL.E`( COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 September 27, 1993 Joseph C. Smith Route 1, Box 1985 Berryville, Virginia 22611 Dear Mr. Smith: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of September 21, 1993. Application #017-93, for Hilltop House, Inc., was approved for a variance from the normal buffer requirements between B-2 (Business General) and RP (Residential Performance) zoned properties. This variance is approved with the understanding that a six-foot high opaque fence will be placed along the entire border with the RP property on the east side of the B-2 property. This property is located on Berryville Pike (Route 7) approximately one mile east of Winchester, in the Stonewall District, and is identified as PIN 55B-A-14. If you have any questions regarding the approval of this variance, do not hesitate to call this office. Sincerely, Ronald A. Lilley 61 Planner H RAL/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 `1 0 MEMORANDUM TO: Finance Department FROM: Denice Cather, Clerk Typist U(2 SUBJECT: Return Of Sign Deposit DATE: September 22, 1993 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 The amount of $25.00 was deposited in line item #10-1911-08 for the person named below as a deposit for a sign. They have now returned the sign and are therefore entitled to the return of their deposit. Please send a check in the amount of $25.00 to: Hilltop House, Inc. 1811 Berrville Pike Winchester, Virginia 22603 oc- ,r, - t--)n --q3 Please contact me if you have any questions. DRC/gll 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 0 BZA REVIEW DATE: 9/21/93 VARIANCE #017-93 HILLTOP HOUSE, INC. LOCATION: Berryville Pike (Route 7), approximately one mile east of Winchester, west of Denny Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55B-A-14 PROPERTY ZONING & USE: Zoning - B2 (Business General) Land use - vacant ADJOINING PROPERTY ZONING & USE: North East West South Zonina Land Use RP Residential RP Residential RP Nursing Home B2 Vacant (across Rt. 7) VARIANCE: Exception is sought from the buffering requirement between B2 and RP zoned properties, specifically between the property owned by the Smiths and the property owned by DennysI Inc. REASON FOR VARIANCE: The applicant states that adequate space does not exist between the existing structure and the property line at the east side of the property. Applicant is being required to install a fire lane and handicapped access for the existing facility since it would be used as a nursing home/adult care facility. STAFF COMMENTS: The distance and landscape buffers are intended to mitigate the impacts of incompatible development on adjoining parcels. The buffer required between B-2 property being developed and RP property used for residential purposes is 50' if a full screen is provided. The full screen consists of a 6' high fence and a 10' fully landscaped easement. 25' of the buffer area is supposed to be inactive, which means that parking and driveways are not allowed within 25' of the side property line. • 0 In this case, the location of the existing parking area and building, which formerly served a computer business, is legally non -conforming and the amount of screening is also legally non- conforming, since the distance buffers and screening requirements came into effect after the zoning and facilities were already in place. Nonconforming facilities are allowed to be expanded only if such expansion will not result in an increase in the degree of non- conformity. The proposed new fire lane can be considered an increase in the degree of nonconformity of the existing parking and circulation and, therefore, technically, would not be allowed as proposed. The staff's main concern is for a more complete screening between the existing residence and the uses on this B-2 property. Staff believes that a reasonable compromise between requiring a full distance and landscaped buffer, on the one hand, and considering the new facilities to be an allowable expansion of a nonconforming facility, on the other hand, would be to require a fence along the property line in addition to the existing vegetation. The full landscaped easement would not be necessary and the distance buffer would not be necessary. STAFF RECOMMENDATIONS: Approval of the request to not require the 10' landscape easement and to not require the distance buffer, provided that a six-foot high opaque fence be placed along the entire border with the RP property on the east side of the applicant's property. pag 0 APPLICATION FOR VARIANCE IN THE OUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner XX other . (Check one) 2. APPLICANT: NAME: Joseph C. Smith ADDRESS Rt . 1, Box 1985 Berryville, VA 22611 TELEPHONE: (703 ) 955 3342 3. The property is located at State Route numbers): OCCUPANT: (if different) NAME: Hilltop House, Inc. ADDRESS: 1811 Berryville Pike Winchester, VA 22603 TELEPHONE: ( 7 ) 667 5323 44A c-OwY ,Kf- 5' 6;7 (give exact directions and include Rt. 7 approximately 1 mile east of Winchester, 2nd house west of Denny Lane. 4. The property has a road frontage of 203.46' feet and a depth of 219.89' feet and consists of 75r�9 acres. (please be exact) 5. The property is owned by Joseph C. & Juanita T. Smith as evidenced by deed from Maurice Smallwood recorded (previous owner)._ in deed book no. q �4 on page ;�;' of the deed - books of the Clerk of the Court for Frederick County. Attach a copy of the deed. C- 3 page 2 of 5' GG NSN, v 6. Magisterial District: Stonewall 7. 14-Digit Property Identification No.:- 8. The existing zoning of the property is: B-2 9. The existing use of the property is: Vacant 10. Adjoining Property: USE North Residential East Resi en is South N `) West Resi en is ZONING 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.") Execption is sought from the buffering requirement between B-2 and RA zoned properties, specifically between the property owned by the Smiths and the property owned by Denny's Inc. 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 Adequate space does not exist between the existing structure and the property line at the east side of the property. 13. Additional comments, if any 0 !T Page 3 of 5 \K-�-" 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 notified by mail of this application: (Please list complete 14- diQit property identification number) NAME Denny's Inc. Lewis A. Hodgson Lonnie J. Riggleman Address 1863 Berryville Pike, Winchester, VA Property ID# SS8 OG C)7,�C?D Address 123 Denny Lane, Winchester, VA Property ID# �5$oOOUOG7c'� /4.,0 131 Denny Lane, Winchester, VA Property ID# ss.Bogool4oaad/70 Address -Property ID#- -Address Z -Property ID#- -Address -Property ID#- -Address -Property ID#- -Address Property ID# — Address Property ID# — Address Property ID# — Address Property ID#— W , I"b Page 5 of 5 VARIANCE # AGREEMENT 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 C SIGNATURE OF OWNER _ (if other than applicant) -OFFICE USE ONLY- DATE DATE BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL -1 DENIAL SIGNED: `---� BZA CHAIRMAN v 2 /- 3 DATE: / / 0 E I September 8, 1993 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: HILLTOP HOUSE APPLICATION #017-93 FOR: a variance from the required buffering between B2 (Business General) & RP (Residential Performance) zoned properties. This property is located on Route 7 (Berryville Pike) one mile east of Winchester, in the Stonewall District, and is identified as PIN 55B-A-14. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of September 21, 1993, at 3:25 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, *7 Ronald A. Lilley Planner II RAL/dc 9 North Loudoun Strect P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify that • attached correspondence was m•d to the following on September 8, 1993 from the Department of Planning and Development, Frederick County, Virginia: 5b MC:F-ARL.AND , L.AURA L.. Joseph C. Smith :L83 2 BEARYVIL.L.E: PIKE: Route 1, Box 1985 WINO HE:STE:R, VA - Berryville, Virginia 22611 2:60.1 Hilltop House 1811 Berryville Pike Winchester, Virginia 22603 ti 5F4 A 14 9i•(1'T'1-1, jE)SE:F•Fi C: L� JUAN7'TA 'T' BOX 221 MAFij'IiV9DL)RE; F:']:KE: WIi�lC'HESTE:R, VA^ 2260i DENNY'S INCH i.E3h. DE:F RyV 1 L..L..C:: F' 1 KE: WINC HE:e'-T- .FC' VA..-26G:;.... `i` E., A 5.6 1 iCipGr>C1N, 6- & r>OF.GTHY C:. F. Ci DO( !-'oi. W1NC;HE:83'E.R, VA >t 6G4_ Lewis A. Hodgson 123 Denny Lane Winchester, Virginia 22603 :: 5B A i. r RIGGL.E:MAN, LONNIE J. & L.UC:Y C. i.:.it DE:NNY LANE:: WINC;HEEST'E:R, VA. 22603- STATE OF VIRGINIA COUNTY OF FREDERICK � � �2 i ZZ, e�' Ronald A. Lilley, Plann r I Frederick Co. Planning ept. I, Renee' S. Arlotta , a Notary Public in and for the State and County aforesaid, do hereby certify that Ronald A. Lilley, Planner II, for the Department of September 8, 1993 Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this My commission expires on 8th day of September �01 BK7lprcO677 THIS DEED. made this _�_ day of 1992, V between Shenandoah Computer Systems, Inc., a Virginia corporation, of the one part, hereinafter called the Grantor; land Joseph C. Smith and Juanita T. Smith, his wife, of the other apart, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety, In fee simple, with survivorship as at common law, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of those two (2) certain lots of land situated on the North side cf Route 7 about two miles Eastward from the City of Winchester, in Stonewall Magisterial District of Frederick County, Virginia, more particularly described as follows: PARCEL ONE: All that certain lot of land containing .77 Acre, more or less, fronting on the North side of Route 7, described by plat and survey of Lee A. Ebert, C.L.S., dated April 7, 1952 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 223, at Page 239. PARCEL TWO: All that certain lot of land containing one-half acre, more or less, lying just North of Route. 7 and West of PARCEL ONE, described by deed recorded in the aforesaid Clerk's Office in Deed Book 262, at Page 428 as having a southern boundary of 109 feet more or less, an Eastern boundary with PARCEL ONE of 181 feet, more or less, a Northern boundary of 115 feet, more or less, and a Western boundary of 187 feet and bounded on the South by the property now or formerly owned by Mary C. Peters. MA/ll/OM /IONM/TON IlBoth parcels of land were conveyed to the Grantor herein by •r1UMU1 AT LAW WuOMSITu. YOluu BK778i'G0678 Harry T. Watson, et ux, by deed dated May 24, 1977 and recorded in the aforesaid Clerk's office in Deed Book 474, at Page 110. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty - WITNESS the following signature and seal: SHENANDOAH COMPUTER SYSTEMS, INC. By'i�i..T.�.� lip J�<�—.CSEAL) President STATE OF VIRGINIA, AT LARGE, CITYteeti![lat OF LL' / To -wit: The foregoing instrument was acknowledged before me this day of Hai Ne , 1992, by as President of Shenandoah Computer Systems, Inc., a Virginia corporation, on behalf of said Corporation. My commission expires t1� IS (� ' No ublic i f r� COWY, WT' - VIRG►NIA PREoEP.lC,K � ;o me on the This instrument of ing was P19 r, da/ aY(.;+h� �c,s,'..: lackrowled6 r mr'. . • .�;• Y�,�ct.l �I � to r crd. fa�Im `�' V. Y o0 ;,rIJ ag 54 hav�ep�bee^ "Ralson i JOHNSTON •T7//0eq AT LAW 1"N/u{1TJ1, n8S.Nu