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Home My WebLink About34-92 W. H. Emmart & Son - Opequon - BackfileRECEIPT BALANCE DUE PAID BY CASH CHECK OTHER FREDER ' " ' , PLANN".NG AND DEVELOPMENT P.O. BOX 601, 9 COUK I _. -'. WINCHESTER, VIRGINIA 22601 ') D ATE ' DAY -TIMERS RE -ORDER N., -.<<t P,,nted n t-SF. ae� �• .� — — � � - `' DATE: I TIME: . �M A RM i f NAME: /1PPL� ADDRESS: 9Z. 277 TAX MAP: e S " 3 - 1 ZONING: T 2' SUBJECT: VIOLATION NO: PHOTOGRAPHER: 0 . : . N� MEMO FOR RECORD During the week of April 12, 1993, Mr. 92, Red Apple Deli business sign) called he had lost his public hearing variance will be sent to finance requesting the deposit. RAL/slk Jim Emmart (variance #034- to inform this office that sign. Therefore no notice refund of his $25.00 sign 1 • FILE 10P Cy,,,Y of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 January 25, 1992 W. H. Emmart & Son, Inc. Attn: Mr. Jim Emmart P.O. Box 2247 Winchester, Va. 22604-1447 Dear Mr. Emmart: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of January 16, 1993. The Board approved your application, #034-92, for an 8.5' front and a 6.0' side yard setback variance for a business sign. This property is located at the intersection of Route 277 and Stickley Drive, in the Opequon District, and is identified as GPIN 85000030000010. Please note that the approval of your variance has had the following conditions placed upon it: 1. That the 'Red Apple Deli" sign would be removed within thirty days of the new sign's installation. 2. That the sign would remain less that 500 square feet in area. Please feel free to call this office if you have any questions regarding your variance. Sincerely, Ronald A. Lilley Planner II RAL/slk O North L.oudoun Strcet P.O. Box 601 Winchcstcr. VA 22601 Winchester, VA 22604 BZA REVIEW DATE: 1/19/93 VARIANCE #034-92 W. H. EMMART & SON, INC. LOCATION: East of Route 277 and I-81 at the intersection of Route 277 and Stickley Drive MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85-3-1 PROPERTY ZONING & USE: Zoning - B2 (Business General) Land use - convenience store w/ gas ADJOINING PROPERTY ZONING & USE: Zoning - B2 (Business General), RP (Residential Performance), B1 (Neighbor Business) Land use - residential, vacant and business VARIANCE: 8.5' front and 6.0' side variance for business sign along Route 277. REASON FOR VARIANCE: Unusual property dimensions, existing property use and topography of site restrict sign location - utility cables interfere with compliance to code. STAFF COMMENTS: The setback requirement for signs is 10' from property lines, which is primarily to prevent visibility obstructions and encroachment on neighboring properties. This sign would replace the existing "Red Apple Deli" sign. There are a limited number of reasonable alternative locations for a sign for this business due to the unusual property boundary line along Route 277 and the existing underground utility lines. The property does include frontage along Route 277 further east of the proposed sign location where a sign could meet the setback requirements, but locating a sign there may confuse patrons about the location of the entrance to the store lot. 0 0 It is not clear why the side variance is necessary, since there seems to be room on the grass island to move the sign to the east somewhat. The applicant needs to address this further. VDOT has indicated that they would have no problem with the proposed location as long as the sign remains less than 500 square feet in area. Although the strict application of the "undue hardship" requirement is not met here, there is a reasonable basis for granting the variance. STAFF RECOMMENDATIONS: Approval, with the following conditions: 1. That the "Red Apple Deli" sign would be removed within 30 days of the new sign's installation. 2. That the sign would remain less than 500 square feet in area. 0 0 page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY- Variance Application No. NoV_9-- Submittal Deadline 12/28/92 Submittal Date AA 42 V9 2, For the meeting of 1 19 93 Fee Paid yes initials: Sign Deposit yes Sign Return Date: 1. The applicant is the owner 2. APPLICANT: 3. other X . (Check one) OCCUPANT: (if different) NAME: W.H.. EMMART & SON, INC. _. NAME: ADDRESS P.D. BOX 2247 ADDRESS: WINCHESTER,VA. 22604-1447 TELEPHONE: ��p` j�,�-�,s'�y TELEPHONE: The property is located at: (please give exact directions) RT. 277 & STICKLEY DRIVE JUST EAST OF RT. 277 AND I-81 INTERCHANGE IN STEPHENS CITY, VA. 4. The property has a road frontage of 225' feet and a depth of 600' feet and consists of 3 acres. (please be exact) * 5. The property is owned by HARRY STIMPSON III as evidenced by deed from recorded (previous owner) in deed book no. 485 on page 453 registry of the County of Frederick. * 6. Magisterial District: OPEQUON page 2.of 5 • 0 14 7. it -Digit Property Identification No.: 85000,03,0000,001 * 8. The existing zoning of the property is: 9. The existing use of the property is: CONVENIENCE STORE W/GAS * 10. Adjoining Property: USE North WENDY'S FAST FOOD East RESIDENTIAL(4HOMES) South EMPTY LOT(STIMPSON) West HARDWARE STORE ZONING Zi B-2 B-1,B-2 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) REQUESTING-N igEVE FOOT VARIANCE FROM NORTHERN PROPERTY LINE AND - FOOT VARIANCE FROM THE WESTERN PROPERTY LINE IN THE SAME AREA FOR A FREE STANDING SIGN. 12. List 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 UNUSUAL PROPERTY DIMENSIONS, EXISTING PROPERTY USE AND .TOPOGRAPHY OF SITE RESTRICT SIGN LOCATION - UTILITY CABLES INTERFER WITH COMPLIANCE TO CODE. 13. Additional comments, if any VA. DOT HAS NO PROBLEM AS LONG AS SIGNAGE IS LESS THAN 500 SQ. FT. AND DOES NOT OVERHANG PROPERTY LINE. page 3 of 5 0 46 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.) MM JAMES HOBBS Address 31 S. BRADDOCK ST.,WINC.,VA 22601 Property ID#85-B-2-5/85Boo,02,0000,005 DONALD G. SPADE Address294 LINWOOD CT. STEPHENS CITY VA 22655 Property ID#85B-2-6/85BO0,02,0000,006 MANDLITO A. PANCHO:___. Address306 LINWOOD CT.,STEPHENS CITY,VA 22655 Property ID#85B-2-7/85B00,02,0000,007 JUANTIA SHUL"ER Address312 LINWOOD CT. STEPHENS CITY' VA.22655 ' Property ID#85B-2-8/85BO0,02,0000,008 TOM SCULLY AddressP.O. BOX 3038,WINCHESTER, VA 22604 Property ID#85A-148/85000,OA,0000-148 Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# page 5 of 5 AGREEMENT VARIANCE # p34 V q A 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 Co. 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 t best my wledge, true. c, SIGNATURE OF APPLICANT DATE %Z�Z SIGNATURE OF OWNER DATE M1218 2: (if other than applican ) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 0 < �� 'ACTION: DATE - APPROVAL DENIAL SIGNED: BZA CHAIRMAN �✓ DATE: REC STE SCAU tiJ 8' Douhle-Pole Primary Identity Sign 0 0 I January 5, 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: W.H. EMMART & SON, INC. VARIANCE APPLICATION #034-92 FOR: a 8.5' front and a 6.0' side yard variance for a business sign. This property is located at Route 277 and Stickley Drive, in the Opeuon District, and is identified as GPIN 85000030000010. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of January 19, 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, W. Wayne iller Zoning Administrator WWM/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify th�the attached correspondence wa•ailed to the following on January 5, 1993from t e Department of Planning and Development, Frederick County, Virginia: 85 3 1 STIMPSON, HARRY F. III RT. 3 BOX 1 STEPHENS CITY, VA. 22655-- 85B 2 1 5 HOBBS, JAMES D C/O CAMBRIDGE MANAGEMENT 31 S BRADDOCK STREET WINCHESTER, VA 22601- 95D 2 1 6 SPAID, DONAL.D C. & JULIA R. 294 LINWOOD COURT STEPHENS CITY, VA. 226 55- 85B 2 1 7 PANCHO, MANOLITO A. & NANCY D. 112 LINWOOD COURT STEPHENS CITY, VA. 22655-- SHULER, JUANITA F. 312 LINWOOD COURT STEPHENS CITY, VA. 85 SCULLY LTD. P O BOX 3038 WINCHESTER, VA STATE OF VIRGINIA COUNTY OF FREDERICK 85B 2 1 8 22655-- A 148 22604— I, Renee' S. Arlotta W.H. Emmart & Son Inc. P.O. Box 2247 Winchester, Virginia 22604-1447 Mandlito A. Pancho 306 Linwood Court Stephens City, Virginia 22655 W. Wayne Miller, Zoning Administrator Frederick County Dept. of Planning , 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 January 5, 1993 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 5 day of January 1993. My commission expires on August 31, 1995 . �?�, 1. aiatc NOTARY PUBLIC i Page 2 of 5 14 7. R-Digit Property Identification No.:. 85000,03,0000,001 * 8. The existing zoning of the property is: B-2 * 9. The existing use of the property is: CONVENIENCE STORE W/GAS 10. Adjoining Property: USE ZONING North WENDY'S FAST FOOD B-2 East RESIDENTIAL(4HOMES) R-P South EMPTY LOT(STIMPSON) B-2 West HARDWARE STORE B-1,B-2 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) REQUESTING NINE FOOT VARIANCE FROM NORTHERN PROPERTY LINE AND SEVEN FOOT VARIANCE FROM THE WESTERN PROPERTY LINE IN THE SAME AREA FOR A FREE STANDING SIGN. 12. List 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 UNUSUAL PROPERTY DIMENSIONS, EXISTINGPROPERTY USE AND TOPOGRAPHY OF SITE RESTRICT SIGN LOCATION - UTILITY CABLES INTERFER WITH COMPLIANCE TO CODE. 13. Additional comments, if any VA. DOT HAS NO PROBLEM AS LONG AS SIGNAGE IS LESS THAN 500 SQ. FT. AND DOES NOT OVERHANG PROPERTY LINE. page 3 of 5 is 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 JAMES HOBBS Address 31 S. BRADDOCK ST.,WINC.,VA 22601 Property ID#85 B_--5/_85Boo,02,000k- DONALD G. SPADE Address294 LINWOOD CT. STEPHENS CITY V Property ID#85B-2-6%85B00,02;0000--006-�-- - MANDLITO A. PANCHO ------------------- Address306 LINWOOD CT.,STEPHENS CITY,VA 22655 Property ID# 85B-2-7/85B00,020000,007 JUANTIA SHULER Address312 LINWOOD'CT.,STEPHENS CITY,VA.22655 Property ID 85B-2-8/85B00,,02, 000.0-,_008_ - TOM SCULLY Address P.O. BOX 3038,WINCHESTER, VA 22604 Property ID85A-148/85000,OA,0000-148 Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# page 4 of 5 15. 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 photographs with this application. EXAMPLE Adjoining Property YOUR PROPERTY Adoinin Property 1 IiD AT T lion ProPerty Line I "-'--'---------------=Center of Road-------' Road SHOW THESE MEASUREMENTS ** SEE ATTACHED y , 4 cwO 1> Qc ncztg3 ozjp- Q3'04Qz4, � j �• f 7V4 17n'D'�!Lrv' CYIi dLil,"4 c, '4 - >- —T y31Yll ALI-Yiln .-S2