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Home My WebLink About16-94 Burger King - BackfileRECEIPT Me' 024343 AMOUNT DUE (-5-D AMOUNT PAID max; PAID BY ❑ CASH ❑ CHECK ❑ OTHER FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.O. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 DATE _..+ �� u RECEIVED FROM ADDRESS THE SUM OF DOOLLLL ARS S -i FOR By DAY -TIMERS RE -ORDER No. 3221 — Printed in USA 6� I COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 December 28, 1994 Mr. William B. Holtzman P.O. Box 8 Mt. Jackson, Virginia 22602 RE: VARIANCE #016-94 FOR BURGER KING: P.I.N.#43-3-D Dear Mr. Holtzman: This letter is to confirm action taken by the Frederick County Board of. Zoning Appeals at their meeting of December 20, 1994 Your Variance application #016-.94 •for..a-sign size variance of 155 square feet was approved. If you have any questions regarding the approval of this variance, please feel free to call this office. Sincerely, W. Wayne iller Zoning Administrator WWM/bah 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 c COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 December 6, 1994 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application oh MR. WILLIAM B. HOLTZMAN APPLICATION #016-94 FOR: a sign size variance of 155 square feet. This property is located at the intersection of Martinsburg Pike (Route 11), Welltown Pike (Route 661), and VA Route 37 and is identified with PIN 43-3-D in the Gainesboro District. This variance application will be considered by the Frederick County Board of Zoning Appeals at.their meeting of December 20, 1994, 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, 90,YL n Jean M. Moore Planner I JMM/dc ?y6V'-s-- 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify thaole attached correspondence was mailed to the following on 'DECEMBER 6. 1994 from the Department of Planning and Development, Frederick County, Virginia: MR. WILLIAM B. HOLTZMAN P.O. BOX 8 MT. JACKSON, VIRGINIA 22842 CROWN CORK & SEAL 9300 ASHTON ROAD PHILADELPHIA PA 19136 PAUL D. MULDOWNEY P.O. BOX 478 HAGERSTOWN, MD. 21740 FIRST VIRGINIA BANK P.O. BOX 389 WOODSTOCK, VIRGINIA 22664 STATE OF VIRGINIA COUNTY OF FREDERICK I, RENEE' S. ARLOTTA an M. Moor , Planner I Frederick Co. Planning Dept. , a Notary Public in and for the State and County aforesaid, do hereby certify that Jean M. Moore Planner I. for the Department of Planning and Development, whose name is signed to the foregoing, dated DECEMBER 6, 1994 has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this fiTH day of DECEMBER 1994 My commission expires on AUGUST 31, 1995 BZA REVIEW DATE: 12/20/94 VARIANCE #016-94 BURGER KING LOCATION: This property is located at the intersection of Martinsburg Pike (Route 11), Welltown Pike (Route 661), and VA Route 37. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 43-3-D PROPERTY ZONING & USE: Zoned B2 (Business General) land use - vacant ADJOINING PROPERTY ZONING & USE: Zoning - M1 (Light Industrial), B2 (Business General) Land use - Business, vacant VARIANCE: A sign size variance of up--t-i 155j OIA"` P REASON FOR VARIANCE: Applicant is seeking a variance due to the shape and location of the property in relation to the adjacent existing businesses and the nearby interstate intersection as well as the topographic conditions of the site in relation to the interstate. STAFF COMMENTS: According to Chapter 165, Section 30(H) of the Code of Frederick County, franchise business signs may not exceed 150 square feet in size. This figure was not randomly assigned, but carefully considered in order to assure that signs could still be visible and useful. Meeting this requirement does not impose an undue hardship upon the applicant. Section 15.1-495 of the Code of Virginia states that variances may be granted when: "the strict application of the terms of the ordinance would effectively prohibit or unreasonably restrict the utilization of the property or where the board is satisfied upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant." �J 0 Because the application of the ordinance does not meet the terms specified above, the variance should not be granted. STAFF RECOMMENDATIONS: Staff recommends denial. Wage 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA n MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner r other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: ;,.r. Willia;:, b. Holtzman * NAME: Little Apple Corp. - Burger Xin,-, ADDRESS P . L.. box b ADDRESS: P . ( bux b lit. Jackson, Virginia 22842 .t. Jackson, Vir;:;i is 22tL42 TELEPHONE: 703-47 T-3131 TELEPHONE: 703-1, 7-;: - 3131 3. The property is located at (give exact directions and include State Route numbers): Northeast Quadrant of the intersection of U.S. Route 11/Va. :route 37 (e-iartinsburg Pike) and Route 661 (Welltown Pike). Adjoining the existing First Virginia Bank site. 4. The property has a road frontage of 212.54 f eet and a depth Of 210-34o +feet and consists of 2.049 acres. (please be exact) 5. The property is owned by First Virginia Bank - Shenandoah Valley as evidenced by deed from wank of Frederick County recorded (previous owner) in deed book no. 435 on page 183 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. * c/o Gilbert W. Clifford & Associates, Inc. - Stephen ,,.. Gyurisin 200 N. Cameron St., Winchester, Va. 22601 - 667-2139 Send hesponce to above address. • • page 2 of 5 6. Magisterial District: ;;ai nesburo 7. 14-Digit Property Identification No.: 43 ((3)) Fcl D 8. The existing zoning of the property is: B-2 9. The existing use of the property is: Vacant 10. Adjoining Property: USE ZONING North Vacant M-1 East Taco Bell (under constr) B-2 South U.S. Rt. 11/Va. Rt. 37 N/A West Crown Cork & Seal (.fg) M-1 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.") ''Up to a 155' sign size variance for a Burger King sign." 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 The shape an. the location of the property in relati n to the adjacent existing businesses and tKe nearby interstate intersection as well as the topogTaphic conditions of the site in relation to the interstate. 13. Additional comments, if any M • Page 3 of 5 14. The following names and addresses are all of the uatg.' firms, or corporations owning property adjacent to the prop��y which the variance is being sought, including properties 't the5 sides, rear and in front of (across street from) the � 'ect property. (Use additional pages if necessary.) These people will be notified by mail of this application: Please list. -complete digit property identification number) NAME, Crown .;ork & Seal Co., Inc Paul D. 1,,ul6owney, et al First Virginia Bank - Shenandoah Valley Address 9300 Ashton Road, Philadelphia, PA Property ID# 43 ((4)) A / 43000002000OA0 Address P.0 Box 478, Hagerstown, XB 21740 Property ID# 43 ((2)) B / 430000020000Bo LAA-V P.O. Box 389, Woodstock, VA 22664 Property ID# 43 ((3)) D / 430000030000DO Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# 190491 Paul D. Xuldornoy, •t al \ DO $84 - P 278 zoned ul USW Vocm f ,.(1 zpp Croton, Cork A,s.al Co., Inc O DO 161 -- P 485 171 Zonal Ail 8 v— manufacturing ZE /z oa crown, Car* & S.o/ Co., Inc �O 08 161 - P 465 ` zonal.^ u1 .� U'. uon�lactvrA�y Paul D. Iruldom.X .t al D8 864 - P 176 z« .e: IA1 U.a Vacant , / Lot 1 2.049 Acres N 615 18 of 2 0.644 Acr z N k3,6 ike"' o g7 t' W out 115•10 61 4k 3 i�va P Ke 1 U S R°Maetlne �df t R/W vorlobl APPROXIMATE BURGER KING SIGN LOCATION NOTES: 1. No title report furnished. 2. Easements may exist that are not shown. J. Iron rods found or set at all property corners unless denoted otherwise. AREA SUMMARY Lot 1 2.049 Acres Lot 2 0.644 Acres Total Area Subdlv/ded 2.69J Acres Paul D. Vvldam.y, .t of Zmo,t All ue Voom { o:�t.! ^ �Z V / !' �7 'd' u�WW < W�. (�C21v Paul D. uutd.—y,, -.1 Z DO 664 - P 270 Usron•Voeanfru�C 0 60 100 200 Grophlc Scale In Feet —700' W 4J ((3)) Pcl D MINOR SUBDIVISION Zoned: 92 Use: Bonk of the land of First Virginia Bank — Shenandoah Valley T Fi �F (formerly Bank of Frederick County) rA Go! bsboro Magisterial District s edenck County, klIrgimc o CERTIFICATE ❑. DATE: 22 July 1994. SCALE: l'-100' Sheet 2 of 2 U 197 n 7 RBI Ilbert w. clIfford & associates, Inc. ERT IE ENGINEERS — LAND PLANNERS — SURVEYORS LAND 160-C Old* G7..nwlch 0r1+ SURVEYOR Fr.drlok.burq, Vl rpinla Z2401 200 North Cam.ron str..t YAnch.rtr. Vlrglnla 22601 (703) aG6-2115 (703) 667-2130 � r1 TOp. VIG- -1- DRIVE ALE: M7'5 Ij II YOP SF,�TrpN I I II tl doTTOM TuFri.t 51c-►.t (REMOVE TER )/VS T.GL L A, N 14 !•\I Vi .0/ - 8 A 4 7- NC ti HZ). MACH-_.'o44 F W..i H/RPEC \ / �54,RV/CE DOOR ;,W 70P,' 36)`T � SECT/aNS�j EACW ENO O.�',.5/G�' — %Z -�z x / NCX f F. W. Sh/PPEO ml MEX f1D. / ,;4L:, /. BOI. I .. _ _. �- FGI4MED ESCU7•C/+EON �__ ' (BYS/GN SUot�c iER� 1/Y5TA44t Z loan• DFiVE I i �I rNRU REMOVABLG END'f'1LLER Ts - - FQR SCR vIC E . C. 4 " A S. 4 (,0) ( WE4OEd TO COLVMA- COL . A -J� ,5y ERECTOR ELEC. OUTL.E7- I 1 COL. 0 s I SIGN OA.H. 11 II I I - COL. D �� 1 I I 5.,� .. T Yp I = 5- COL. CGLUMN f1T. i r - I I� =iTI I yp I COL. F -= r /e GA. HAND .HO.;E C0vk5R %MN wior� � FT I — WERT..t-RF 4J�F ✓C T. NG,Z CC ups ING L I <.. % (,e e Er, = C TGR.1 UIPfi /GN LG1✓E 516M D,; PU Rc%:-r of to (EY 5A?,EC7-0:, ; VER7-ICAL SLAB F'4UNP 4 T/ON _ 9 Page 5 of 5 VARIANCE # AGREEMENT 0 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 APPLI SIGNATURE OF OWNER (if other than appli -OFFICE USE ONLY- BZA PUBLIC HEARING OF APPROVAL C- I DENIAL DATE_ �U/ G Y ACTION: DATE - SIGNED: & /- a'V A BZA CHAIRMAN DATE: #4385 * 7' `k r� SUN OIL CO. OF PENNA. * 7�0"� TO: :: • • DEEDLF BANK OF FREDERICK COUNTY * a'� "d'Ld yT7l Xirfr 1114aiA11.E ..?AX C� o s 435 rot— 1-93CL UJ THIS DEED, made the 6th day of December in the year ,^1 ` , A v >.. �• v O, BETWEEN SUN OIL COMPANY OF PENNSYLVANIA, a Pennsylvania corporation, W successor by merger to Sun Oil Company, a New Jersey corporation, 1608 walnut Street, Philadelphia, Pennsylvania 19103, Grantor, and BANK OF FREDERICK COUNTY, Frederick County, Virginia, Grantee. 1` WITNESSETH: That for and in consideration of the sum of ONE HUNDRED FIVE THOUSAND DOLLARS ($105, 000.00), cash in hand paid to the Grantor the receipt of which is hereby acknowledged, the Grantor does hereby grant unto the Grantee, with SPECIAL WARRANTY, the following described real estate: All that certain tract of land located about one mile northeast of Winchester in Stonewall Magisterial District, Frederick County, Virginia, containing 2.6938 acres, more or less, described by plat and survey of Richard U. Goode, dated October 7, 1977, attached hereto and by this reference made a part hereof; and being the same land that was conveyed to Sun Oil Company by deeds from H. W. Butler and Brother, Inc. and Glaize Development, Inc., dated respectively September 20, 1965 and September 21, 1965, and recorded respectively in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 314, at Page 554, and in Deed Book 314, at Page 550, less, however, 0.58 acre conveyed to the Highway Commission of Virginia by certificate recorded in said Clerk's Office in Deed Book 331, at Page 108. A reference is made to the foregoing instruments for a further description of the land herein conveyed. Subject to easements, restrictions and conditions of record, easements or restricticns visible upon the ground. 100' 50' 0 100'• :L;00 495 NE. i - SCALE IN FEET `GONGRETE WIN psoou - S p56 G \�� •h p B 256, � 3gg.6O � E o o ri a 145b) 5pep2'00 0 z P Q r0 0 ,� N CO ti I V ^� LAND OF' SUN OIL CO, INCa , O' (0 n� 2.693 Acres 3 3 I STY. FR. o N D.B.3 0 306 0 355; BLDG. o _ M. 0 0 /LARGENT*JR,, vo °� N a S1 TRUST` z 0) - v1Q0 49.2 153.7. �s1 OD NO �eck 561 S67044,31 it , Z\ 09 396. 33 , 1 C) g Q ROV T E No <<, The above tract of land located about 37 and Situate in Stonewall N.apisterial Uone mile Northeast of Winchester bounded :�S !'ollows; lstrict, b'redorick County, Va. is L+eginninp, at (1) a concrete lllRhway marker on the Northwest side of Route !;o, 37 and corner to State property that is on the 'Vest side of Road No, 661• ' thence with Route No, 37 S 67 deg 44 min 31 sec•W 396,33 ft to (2) an iron peg; thence with the land of F'.L.Lar'gent Jr, Trustee i h 21 deg 40 min 00 sec W 94.91 ft to (3) an iron peg; thence with the land iron peg; thence with the of Crown Cork & Seal Co, Inc, N 06 deg 26 min OU sec W .130.y1 ft to (4) an land of Winchester Concrete Products Inc, for the i following three courses N 50 deg 02 min 00 sec E 399.00 ft to (5) peg; thence S 32 dear an iron 54 min GU sec E 103.00 ft to (6) an iron peg; thence S 21 deg 43 min 00 sec E 200.20 ft to (7) an iron Stiate Property S 20 de pep; thence with the t g 46 min 48 sec W 55.81 ft to the containing 2.093 acres more or lessPoint of beginning . ��NLTK OF RIChA ll:: CC,ODE S oOEHTIF1Ell LAtiL U. SURVEYOR . v,;�: -L NO.412 > 0�'rUIiEK 7, 1977 T..;s ir,!r...fnhh ypvCii�J. d y c. Was Produced to me on the u d tir.;h certiii ataat of to r_o dccnowl:dgment thereto annexe. ocd. Tax undosed oy Sac. 58-64.1 of and � S, -54 have been paid, it a>sessahle. d Clerk. 08125 M 0 gilbert w. clifford & associates, inc. 200 N.Cameron Street Winchester, Virginia 22601 703-667-2139 Fax: 703-665-0493 TO: WE ARE SENDING YOU FT] ATTACHED HAND DELIVERED CHANGE ORDER SHOP DRAWINGS F-] PRINTS COPY OF LETTER ❑ PLATS LETTER OF TRANSMITTAL PRESENT DATE JOB NO. \ 11/23/94 ATTENTION Mr. Wayne Miller R E : Holtzman - Rt. 11 Property F7UNDER SEPARATE THE FOLLOWING ITEMS SAMPLES SPECIFICATIONS ❑ PLANS a OTHER COPIES DATE DESCRIPTION 2 Sign Size and Height Variance Application - Burge 2 Si zn Size and Height Variance Application - Amoco 1 11721794 Check #054439 in the Amount of $1050.00 a ARE TRANSMITTED APPROVED/SUBMITTED FOR APPROVAL APPROVED/AS NOTED FOR YOUR USE RETURN/CORRECTIONS AS REQUESTED FOR REVIEW or COMMENT FOR BIDS DUE 19___ REMARKS COPY TO: Bill Holtzman SIGNED RESUBMITFOR APPROVAL SUBMITFOR DISTRIBUTION RETURNED_ CORRECTED PRINTS El LOAN PRINT/RETURN RETURN/WITH SIGNATURES