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HomeMy WebLinkAbout17-94 Amoco - BackfileRECEIPT N-0 024345 AMOUNT DUE AMOUNT PAID BALANCE DUE $ L-) O FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P. 0. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 �-F 1 �t DATE 1 � I RECEIVED FROM ❑ CASH t� " CHECK OTHER ADDRESS l THE SUM OF �"� f % OLLARS $ FOR BY V-� ' 1 DAY -TIMERS RE -ORDER No. 3221 —Printed in USA ire 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 #017-94 FOR AMOCO: P.I.N. #43-3-D-34 Dear Mr. Holtzman: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at theirmeeting of December 20, 1994 Your Variance application #017-94.for a sign height variance of 75 feet was approved. If you have any questions regarding the approval- of this variance, please feel free to call this office. Sincerely, W. Wayn Miller Zoning Administrator WWM/bah 9 North Loudoun Strect P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 MEMORANDUM TO: Finance Department QQ FROM: Denice,Cather, Secretary H SUBJECT: Return Of Sign Deposit DATE: January 9, 1995 The amount of $50.00 was deposited in line item #10-1911-08 for the company named below as a deposit for two signs. They have now returned the signs and are therefore entitled to the return of their deposit. Please send a check in the amount of $50.00 to: Holtzman Oil Company P.O. BOX 8 Mt Jackson, Va 22842 Please contact me if you have any questions. DRC/kac 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 1V) Go 40 BZA REVIEW DATE: 12/20/94 VARIANCE #017-94 AMOCO 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 height variance of up to 75'. REASON FOR VARIANCE: The 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: The applicant is seeking a variance to allow a sign to exceed the limitations of what is allowed in the Code of Frederick County. The applicant has noted that visibility is the key to success, especially when a large percent of the market is captured from the interstate. Staff does not argue with this. Within a B-2 zoning district, signs are restricted to 35 feet. The only justification to grant the applicant a variance is if this restriction presented is an undue hardship. In thi's case, there is simply no hardship. Amoco will continue to do business whether the sign is 35, 100, or 300 feet. Visibility is also obtained through the use of Interstate Logo signs. Logo signs are clearly visible and they also indicate location and distance. STAFF RECOMMENDATIONS: Staff strongly recommends denial. 0 a �� �� -IQ Page 3 of 5 t © i i� 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for9 which the variance is being sought, including properties at the; sides, rear and in front of (across street from) the subje4j property. (Use additional pages if necessary.) These people u=cl�, be notified by mail of this application: (Please list comp1et0A*")V\ digit property identification number) NAME grown cork & Seal Co., Inc. Paul D. .1.ul'owney, et al First Virginia Bank - Shenandoah Valley NHrlracc 9300 Ashton Road, Philadelphia, PA ?roperty ID# 'A �_((4)) A / 43000002000OA0 P . G Box 4.78, Hagerstown, 111 21740 ?roperty ID# 4 ( (2) ) -B / `+30000020000B0 P.O. Box 389, Woodstock, VA 22664 ?roperty ID# 43 ((3)) D / 4.30000030000DO kddress ?roperty ID# kddress ?roperty ID# kddress property ID# kddress )roperty ID# address )roperty ID# address )roperty ID#- address (roperty ID#- Lddress (roperty ID#- 1913b M a Paul D. Ahddorrt.y, •t of DO 664 — P 276 Zonal: All , Us. Vocan t ..0 zp� C(om. Cork dr s.cl Co., Ina psj 0 DO 261 — P 465 p Zond: Al O Ura: Manufacturing /z o-am• Cork A,sool Co., lnc DO 261 P 465 zonal., Mr Ur. Manuloc(urMp Paul D. Wuldo►n.K .t DO 664 w P 276 Zonal: AV Usc Vacant Lot 1 2.049 Acres L � w�9OD Paul D. Aluldom.y, .t of DO 664 •- P 276 W Zonal: P1 U U", Vowan� W 0 Uj J L 7O yLv N� O� fi O� Pout D. Iluldo—,y, .( at DO 664 P 276 Zonal, 02 Uaw• VC-1 71bvk� N C m 6 59, � 8318 i> � F'- � / F / / �-• �83•t�3, 396 1S�j� e 37 t' W out * 1�5'15 59 44 3 11�Va• P ke U S 8°Maeilne �dh R� f �orlabl APPROXIMATE AMOCO SIGN LOCATION NOTES: 1. No title report furnished. 2. Easements may exist that are not shown. J. Iron rods found or set at oil property corners unless denoted otherwise. AREA SUMMARY Lot 1 2.049 Acres Lot 2 0.644 Acres Total Arco Subdivided 2.69J Acres 0 60 100 200 Graphic Scale In Feet 1"— 100' TM 4J ((J)) Pci D MINOR SUBDIVISION Zoned: 82 Use: Bank of the land of First Virginia Bank — Shenandoah Valley P` H �F (formerly. Bonk of Frederick County) -P Gal bsboro Mog/steriof District L S eden`c - County, rrginio o CERTIFICATE ❑. DATE: 22 July 1994 SCALE: 1"-100• U 197 Sheet 2 0! 2 n 7/ Ilbert w. cllfford do associates, Inc. 7 R p 9 ERT IE ENGINEERS - LAND PLANNERS - SURVEYORS iAND 160—C Old• GT..nrlch Drlw SURVEYOR Frdwlck.burq, VIrgInla 22401 200 North Co--n St ... t (703) ava-zns YMch..t«, WgInlo 22601 (703) 667-2139 n F -- /o°O.D, PIPE. THRU �ICASINE CABINET, S7L. Gu%ETS jpz 1 q IITEXAGpII II ; ���1 csr A17 EppE �/ WE DEC, vI C.AEI�IET ,' I 1 dELoJ� f�J Z d n i O O TU loll 1411, �, a W v o N I I i I FRONT VIE\�/ DE VIEV/ - ( N07 TO SCALE / Z , 7UE�,E J,U 10 D PIPE (1/211 WALL) EXIS'TItJC-j , I GAMINE-� � H60VE BELo�V . tiTL �:� 1�"O,D• PIPE FILA-re I \JT VIE\V Sloe- VIE\V sa �eNGTN CNo-r -To 5CALE ) AS O, D, OF BvOin i'I PE, p-� —�— I I 241' O, D, PI PE uE�IsTING" F-X I G-T IIsj a bETAIL-NrirG, I- 56HePULE V=OK EXIS"�'I►JG-� �OLIf�J bATION E X 15T I IJ Gi �/ PAP �4GE 30l' b, D, P I PE J ® �� �' -n5ev 1211 Q, G, 0-Az \�/ALL� © -klO BARS DiTL. PLATE Itol 4 8, 4 MARS, 12" o, c, a ii(4t rd I UMIVS +O EQ , I n 851/..z' L.ONG X 2111 4-OI' X4� O" -0 2y4. VIA, ANCHo2 goL� �J b X 31/4u STL,�i`squ--�faRE�(4rzEq e). 3NUTVE> OLT, �. .' 21'I � NoN-5HKi NIA, GlzvuT. 13 i 1/2N STL4LO 15'I T_ Ilnl PLA-Tr:- GuS;ET� ,I 4"-TALL Y-9J11 GoNVuIT==-==_ - A E 2--0 (4 GLl�a✓T—�xlsTltJC-� I .�� �.�� .��� EXISTI NG EOUNDATIOtJ Y6 R A— I LONG DIp�ENSIOhI clsx;� ia__Y NTS. GOI.�RET� ��a 'I'4'. d,i Q'a• yNotZ-r DI/�EtJsIOIJ page 2 of 5 6. Magisterial District: _ainPsburo 7. 14-Digit Property Identification No.: 4 8. The existing zoning of the property is: B-2 9. The existing use of the property is: Vacant 10. Adjoining Property: USE ZONING Q z WCM z rn >� N am' W - 03 Fcl _ o V "- North Vacant M-1 East 'Paco bell (under constr) B-2 South U.S. Rt. 111Va. Rt. 37 N A West Crown Cork & Seal (.:fg) i,-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 75' sign height variance for an Amoco 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 shave an,:i the location of the property in relati n to the adjacent existing businesses and the nearby interstate intersection as well as the topographic conditions of the site in relation to the interstate. 13. Additional comments, if any a MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner X other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: i,r. William B. Holtzman NAME: Holtzman Oil Corp. -Amoco ADDRESS P.O. Box 8 ADDRESS: P.O. Box 8 i,it. Jackson, Virginia 22842 Mt. Jackson, Virginia 22842 TELEPHONE: 703-477-3131 TELEPHONE: 703-477-3131 3. The property is located at (give exact directions and include State Route numbers): !Northeast (4uadrant of the intersection of U.S. Route 11/Va. rtoute 37 (iiiartinsburg Pike) and Route 661 (Welltown Pike). Adjoining the existing First Virginia Bank site. 4. The property has a road frontage of 212.54 feet and a depth Of 210-3440 +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 Bank 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 M. Cyurisin 0 N. Cameron St., Winchester, Va. 22601- 667-z139 Send all responces to above address. 0 lil Page 5 of 5 VARIANCE # AGREEMENT 102 U d' LI J z W �y U o Lo Cal 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 SIGNATURE OF OWNER (if other than applica -OFFICE USE ONLY- BZA PUBLIC HEARING OF APPROVAL = DENIAL 6&E - - DATE �_O/ f � ACTION: DATE - SIGNED: BZA CHA RMAN DATE: ��- % 010.o' so' o loo' 05 ��•00 � 3a311� SCAt E IN FEET ` \C0N N E��p5 _ (.� cr cJ CNESTER S WIN pROp B 256 - 9 '.`'�- W z > lf�Oeo oQa E _ o(n +;...M IT LU oW •�45giT450,02'°0 \ "�. co` 'R P C) Q ro 2� ry ^� LAND OF' SUN OIL CO. INC. Waa �u 9 { �' Tr O' _�� M� 2.693 Acres I STY. a �\; `96 6 D.8.3 01 ,P.306 o g5ai /LARGENT.'jR FR. -K)'BLDG. o a ° Ci LO v� MNc1�Q' / a v TRUST` z rn 49.2 _ NQO/�� f53.7 co . 7 58L S67044'31 it �h�\ C���e� 396.33' h RC)U 7-E NO 37 5 The above tract of land located about one mile Northeast o1' k'inchescer and sedzije in Stonewall NaP,isterial District, Of' County, Ls is bounded zis 1'oJ lows: Beginning at (1) a concretu fllRhway marker on the Nortf,wast Haute i.e. )7 and corner to State property that is sloe of on the ;Vest Bide of Road No. 661• i' thence with Route No. 37 S 67 deg 44 min 31 sec W to (2) an iron pep; the with 396.33 ft the land of F'.L.Largent Jr. Trustee 11 21 deg 40 min 00 sec W 94.91 It to O) an iron peg; thence wit of Crown Cork & Seal Co. Inc. N 06 deg 26 min OU sec W hthe land peg; thence with the .130.71 ft to (4) an iron land of Winchester C ` oncrete Products Inc, for the following three courses N i SO deg 02 min 00 sec E 399.00 ft to !S Peg; thence S 32 deF ) an iron 54 min 00 sec E 10).00 ft to an iron 3 21 deg 43 min 00 sec E 200.20 ft to (7) an iron per; thence wit�'theence =+ State i. Proper y S 20 deg 46 min 48 sec W 55.81 ft to the r containing 2.093 acres more or lesPoint of beginning s. ALT11 Op. P RIChA.R b : UO'UllE S CERTII'lc"D LAND SURVEYOR NO. "'IOBEH ' ~ no. ail > 7, 1977 T..is ilr...lnph vRveaAJ. Y, o '. a y C. was Produced to me on the ln� with c6rtificaty " , 19� ini!_ed t of acknowlydgment thereto!annezed was r_ Jrd. la un,o,ed by S,c. 58-j4.1 of •�C�D and S:•54 have been � paid, if assessable. y ��i�_ Clerk. j 8125 r' • -0 i COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 December 6, 1994 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: MR. WILLIAM B. HOLTZMAN APPLICATION #017-94 FOR: a sign height variance of 75'. 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, jjal?ll�.M Jean M. Moore Planner I JMM/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify that lee attached correspondence was mined to the following on nF( EMBER _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 0 can M. Moore, Planner I rederick 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 6TH day of DECEMBER 1994 My commission expires on AUGUST 31, 1995 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 FX] ATTACHED HAND DELIVERED F1 CHANGE ORDER SHOP DRAWINGS ❑ PRINTS COPY OF LETTER F-1 PLATS a LETTER OF TRANSMITTAL PRESENT DATE JOB NO. 11 /23/94 ATTENTION Mr. Wayne Miller R E : Holtzman - Rt. 11 Pr aUNDER SEPARATE 7THE FOLLOWING ITEMS SAMPLES SPECIFICATIONS ❑ PLANS IX I OTHER COPIES DATE DESCRIPTION 2 Si= Size and Height Variance Application - Burger Kin 2 Sign Size and Height Variance Application - Amoco 1 11721794 Check #054439 in the Amount of $1050.00 ARE TRANSMITTED APPROVED/SUBMITTED FOR APPROVAL APPROVED/AS NOTED X❑ FOR YOUR USE ❑ RETURN/CORRECTIONS AS REQUESTED FOR REVIEW or COMMENT FOR BIDS DUE REMARKS COPY TO: BM Holtzman SIGNED ❑ RESUBMIT___ FOR APPROVAL Q SUBMITFOR DISTRIBUTION RETURNED_ CORRECTED PRINTS ❑ LOAN PRINT/RETURN El RETURN/WITH SIGNATURES • #4385 SUN OIL CO. OF PENNA. TO: :: :: DEED BANK OF FREDERICK COUNTY F%tfr v�c6id/ f Q.Ctyx yV 4r 3,) c_ 183 THIS DEED, made the 6th day of December in the year 1977. BETWEEN SUN OIL COMPANY OF PENNSYLVANIA, a Pennsylvania corporation, successor by merger to Sun Oil Company, a New Jersey corporation, 1608 Walnut Street, Philadelphia, Pennsylvania 19103, Grantor, �. b �a and BANK OF FREDERICK COUNTY, Frederick County, Virginia, Grantee. 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.