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HomeMy WebLinkAbout18-94 Amoco - BackfileI to RECEIPT PAID BY CASH _ CHECK OTHER FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.O. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 IctL ✓ 1 DATE RECEIVED FROM ADDRESS c)'Z� THE SUM OF W� DOLLARS W. FOR SlA so, O S . ob BY K y DAY -TIMERS RE -ORDER No. 3221 -Printed in USA 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 #018-94 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 their meeting of December 20, 1994 Your Variance application,#018-94 for a sign size variance of 82 square feet was approved. If you have any questions regarding the approval of this variance, please feel free to call this office. Sincerely, 0. M V4 W. Wayne filler Zoning A ministrator WWM/bah 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 C=1 December 6, 1994 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: MR. WILLIAM B. HOLTZMAN APPLICATION #018-94 FOR: a sign size variance of 82 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, 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*e attached correspondence was leled to the following on nEVFMBFR 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 / (1 an 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 6Tu day of DECEMBER 1994 My commission expires on AUGUST 31, 1995 ' NOTA PUBLIC 0 . BZA REVIEW DATE: 12/20/94 VARIANCE #018-94 %' • 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 tip<-o,. 8-2''-. Tqua-- 46-4 . REASON FOR VARIANCE: The applicant is seeking a variance due to the shape and the location of the property in relation to the adjacent existing businesses and the nearby interstate intersection as well the topographic conditions of the site in relation to the interstate. STAFF COMMENTS: Chapter 165, Section 30(H) states that no business sign or directional sign shall exceed one hundred square feet in area. The Code already makes allowances for franchise signs, stating that they "may exceed 100 square feet in area but shall not exceed one hundred and fifty square feet in area." The applicant wishes to exceed this limit by 82 square feet. Staff feels that 150 square feet offers more than adequate visibility, especially when posted at the proper height of 35 feet. The size requirement does not create an undue hardship. Section 15.1-495 of the Code of Virginia, which specifies the powers and duties of the board of zoning appeals, states that variances may be granted when: i "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." STAFF RECOMMENDATIONS: Because there is clearly no hardship, staff recommends denial. 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: ,_r. William B. Holtzman NAME: Holtzman uil Corn - Amoco ADDRESS P.U. Box 8 ADDRESS: P.O. Box 8 i,it. Jackson, Virginia 22842 _Mt. Jackson, Virginia 22842 TELEPHONE:- 703-477-31 1 TELEPHONE: 703-477-3131 3. The property is located at (give exact directions and include State Route numbers): liortheast Quadrant of the intersection of U.S. Route 11/Va rtoute 37 (iartinsburg Pike) and Route 661 (Welltown Pike). Adjoining the existing First Virginia Bank site. 4. The property has a road frontage of 212.E feet and a depth Of 21U- Meet 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,,I c. - Stephen M. lyurisin 200 !1. Cameron St., Winchester, VA 22601 _ 667_2139 Send responce to above address. page 2 of 5 6. Magisterial District: ;a�.;PGh1A n_� 7. 14-Digit Property Identification No.: 43 ( (3) ) Fc1_ 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 'Paco bell (under constr) B-2 South U.S. Rt. 111Va. Rt. 37 NA West Crown Cc•rk & 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 82' sign size 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 shape anu 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 Page 3 of 5 Q 14. The following names and addresses are all of the individua'fsf„ firms, or corporations owning property adjacent to the property foxv which the variance is being sought, including properties at tht 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 com a 14n digit property identification number) NAME C� Paul D. Muldowney, et of DO 664 — P 276 ZoneQ M1 Us& vocant Z of c.t Cro Mn, Cork 4, S.al co., lno. DO 261 -- P 465 p Zonal: All O Ur.: 14-uloctur/ng �Z CY Wn, cork & s.ol Co., 1— 0 Do 261 P 465 ` Zoned^ M1 U.. Alanuract."bg / Pau/ 0. vuld—Y,, .t of DO 664 — P 276 Zon.d: Nf Uew• voacn { Pau/ D. Muld..n.y, .t a DO 664 P 176 Zonal: MI Us& vacant �, vt vote 37 67 �� 3 1l�va P ke gDuteour9 RIw U.S. M tn Q(tln loble Yid 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 all property corners unless denoted otherwise. AREA SUMMARY Lot 1 2.049 Acres Lot 2 0.644 Acres Total Arec SubdIvIded 2.69J Acres 44 ,P��l�l £i 21�ti9 Paul 0. 4tuldorn.y, .t at DO 664 — P 276 Zonal, 82 U...• Vocont 0 60 too 200 Graphic Scale In Feet 1 "e 100 " TM 4J ((J)) Pc] D MINOR SUBDIVISION Zoned: B2 Use: Bank of the land of First Virginia Bank — Shenandoah Valley P� j H �F (formerly Bank of Frederick County) GaldQ&sboro Mcg/sten'cl District L s PYederick County, rlrgirlic O CERTIFICATE 0. .-. DATE: 22 July 1994 SCALE: 1'-100' Sheet 2 0' 2 U 197 n � Ilbert w. cllfford & associates, Inc. ,CERT IE ENGINEERS — LAND PLANNERS — SURVEYORS LAND 160—C Old* Gr..nrlch Drlw SURVEYOR 200 Nort1 Com.ron Str.. Fr.dstlaksburg, WgInle 72401 Mnch..tr, V1r91ml. 22601 (703) 696-2115 (703) 667-2139 n rl �I-(all u rEXAGp1I ADD NE\\/ GA at t, E:T �a� O11 IIXA ^"�( V-DIE Z. TUDE , D PIPE C1/2ll \VALL) EXIS-jI1.1C-I , 7 I Q II G"O.R PIPE --- ---- -- rH?lu / 2T" IIJE GA�INET, (I� I ' I 5- 6U`hElr, WELDE D (Z ). II 'I 1 I \VE 1 Et 1 AB,PVE Tu E� ,I I I 10 a ; F1zoNT VIEW I I PLATE rLENGTN AS 0,17, of +' E5-rro/n PIPE, uE�(•ISTII.IG'I 'a t�,ETAIL - N,-r S EXISTING 30" O, D, PIPE (1A11 \\/ALL) i K. -�2TL, Y11\TE Ito �� lJ all �T 0 EGZ , �2' STL, PLATE- 6U5,XT5 4"-TALL X S" \VELteD (4) (4 ?EC2'b) i 1411 t SIvE VIEV/ ( No-(' To SCALE) l GA61NE:r 1B x18'Ix 1' STL. PLATE \VELDELD At ?YEA 1u1 o,b, PIPE rP-aNT VIEW Slbe VIEW (No-r -ro 5GALE) 24 OI D, PIPE �xiSTI tJ G , `56IEDULE r:02 EXIS-rIr\IG �oUN �7Q,-rlpN , 6, -0 0 * © 11,10 PARS © 55(01-4�- 4 8 , -W4 1�,AK.S 1 1� 4'-o" x 4'-o" x �3YQ" sTL,�squA � PLATE �J ti5'I J u ;2 � IRc.u,"f5 12oV F a �tY�= a y;b�9 Sa�C r !Yae LONG x -2k4' PIA, ANGHo2 6oL'Tc, (4 REa' D) . 3 NUTS/faOLT, NoN-5HIZINIA GlzzvuT, 1'_oll 2'- 011 I, 18'-011 c I EXISTING . �'ouN>7ATIal�l LorJG bl/^Enlslo►�l �. O �o 5HoR7, DI/tiEnJslo� Or FoUDA-rloN ; 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 1,4 SIGNATURE OF OWNER DATE (if other than applican ) -OFFICE USE ONLY- BZA PUBLIC HEARING OF APPROVAL II DENIAL 6 /'? Z ACTION: DATE - SIGNED: BZA C71RMAN DATE: #4385 k r �A SUN OIL CO. OF PENNA. TO: :. :: DEED BANK OF FREDERICK COUNTY airsr VI" ivi 4 35 �K. 193 ^ � ,) z 44 THIS DEED, made the 6th day of December in the year 1977. il '�~ BETWEEN SUN OIL COMPANY OF PENNSYLVANIA, a Pennsylvania corporation,' r` U O 00 0 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. 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 restrictions visible upon the ground. ri121,y 100' 50' o too,- �'00495 Fq0 1 . I . t=k SCALE IN FEET \CONCRETE ri^ `'+_ CH ESTERS (NC ' 5 c7 p5 �h � v iF WIN pROp B 256� 399.60' LU '41 4L In \G�� o?� 4S84N500p2 p0,� E o :� U r: �P Ow (V r co rJti ^� D.B.310 p306 0 3j0� ' FL o _ LARGENT, TRUSTEE N m \ rn c � 4 6 ..�� LAND OF' SUN OIL CO. INC, cG ul 2,693 Acres 10 � I STY. FR. 0 'SLOG. ° C :°N SBL S67'44 i 396.33 ROU TE NO The above tract of land located about one mile Northeast of W'inc and situate in Stonewall N,aPisterial District, Frederick L'ounty, Va, is bounded zAsat fin Stonewall heater Beginning, at (1) a concrete 111Rhway marker on Lho Northwest side of Route !.o. 77 and corner to State property Lhat is on the Nest Bide 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.Largent Jr. Trustee li 21 deg 40 min 00 sec W 94.91 St to (3) an iron peg; thence with the land Of Crown Cork do Seal Co. Inc. N OG deg 26 min OU sec W .130,y1 ft to (4) an iron oeg; thence with the land of Winchester Concrete Products Inc, following three courses N 50 de for the Peg; thence S 32 deg i' g 02 min 00 sec E 399.00 ft to (5) an iron 54 min 00 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 pep,; thence with the t is State property S 20 deg 46 min 48 sec W 55.81 r containing ft to the point of beginning g 2.093 acres more or less. 7 " Q�f p LT;j OF 1"tlChARL) U.* UoUllE CERTIFIED S :.p U; UM LA!iD SURVEYOR rho.412 > OCTUDi;R 7, 1977 T..is ilr...inhh ) do y c. was produced to me on the dP„i::,d iv:th CEfI:l-tits G! d' �Cp .dn noWK+�.� al:ed to r,;Cord_dgme.9 annexed #8125 .osed oy S,c. 58•54.1 of and S:-54 have been paid, if a3se:sable, Clerk. ;: 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 ❑ PRINTS ElCOPY OF LETTER ❑ PLATS 0 LETTER OF TRANSMITTAL PRESENT DATE JOB NO. 11/23/94 ATTENTION Mr. Wayne Miller r RE: Hnit7man - Rt_ 11 PrnnPrty t__ �y FIUNDER SEPARATE THE FOLLOWING ITEMS SAMPLES SPECIFICATIONS ❑ PLANS Fx I OTHER COPIES DATE DESCRIPTION 2 Sign Size and Height Variance Application - Burger Kin 2 Sign Size and Height Variance Application - Amoco 1 11 21 94 Check #054439 in the Amount of $1050.00 ARE TRANSMITTED FOR APPROVAL FRI FOR YOUR USE F1 APPROVED/SUBMITTED APPROVED/AS NOTED El RETURN/CORRECTIONS AS REQUESTED FOR REVIEW or COMMENT El FOR BIDS DUE ------------ 19__ REMARKS COPY TO: Bill Holtzman SIGNED RESUBMIT___ FOR APPROVAL 17 SUBMITFOR DISTRIBUTION RETURNED_ CORRECTED PRINTS El LOAN PRINT/RETURN RETURN/WITH SIGNATURES