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HomeMy WebLinkAbout19-94 Holiday Inn Express - BackfileRECEIPT N2 024347 AMOUNT DUE ( /l y AMOUNT PAID BALANCE DUE • $ PAID BY ❑ , CASH r.. CHECK OTHER FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.O. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 DATE RECEIVED FROM ADDRESS L1 THE SUM OF ' `W Cr < V'T�OLLARS $ FOR \J� r L_�R_.��u("k�j1 BY I I COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 December 28, 1994 Mr. Walter H. Aiken P.O. Box 2468 Winchester, Virginia 22602 RE: VARIANCE #019-94 FOR HOLIDAY INN EXPRESS: P.I.N.#85-A-146A Dear Mr. Aikens: 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 #019-94 for a sign height variance of 25 feet was approved. If .you have any questions regarding the approval of this variance, please feel free to call this office. Sincerely, ` g(A&-L W. Wayne iller Zoning Administrator WWM/bah 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 • 0 MEMORANDUM TO: Finance Department FROM: Device Cather, Secretary II C SUBJECT: Return Of Sign Deposit DATE: January 12, 1995 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 company 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: Aiken Investment P.O. Box 2468 Winchester, Va 22604 Please contact me if you have any questions. DRC/kac 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 r-I December 6, 1994 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: MR. WALTER H. AIKENS APPLICATION #019-94 FOR: a sign height variance of 25'. This property is located of the west side of Town Run Lane (Route 1012) and south of Fairfax Pike (Route 277), and is identified with PIN 85-A-146A in the Opequon 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, 9an m 11'rrd+-e_. 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 tha*e attached correspondence was d0led to the following on DECEMBER 6. 1994 from the Department of Planning and Development, Frederick County, Virginia: MR. WALTER H. AIKENS P.O. BOX 2468 WINCHESTER, VIRGINIA 22601 HOLIDAY INN EXPRESS 2800 AIKENS CENTER MARTINSBURG, WVA 25401 HARRY F. STI PSON ROSNEY FARMS BOYCE, VIRGINIA 22620 SCULLY, LTD P.O. BOX 3038 WINCHESTER, VIRGINIA 22604 Jean M. Moore, Planner I Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, RENEE' S. ARLOTTA , 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 BZA REVIEW DATE: 12/20/94 VARIANCE #019-94 HOLIDAY INN EXPRESS LOCATION: This property is located on the west side of Town Run Lane (Route 1012) and south of Fairfax Pike (Route 277). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85-A-146A PROPERTY ZONING & USE: Zoned B2 (Business General) land use - vacant ADJOINING PROPERTY ZONING & USE: Zoning - B2 (Business General) Land use - Business, vacant VARIANCE: A sign height variance of-ttpr-'t-C 251. 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: According to the Code of Frederick County, signs located within a B-2 zoning district are restricted to 35 feet in height. The applicant wishes to place a sign that is 60 feet in height. The applicant seeks this variance so that the sign can be visible from Interstate 81. We do not argue that visibility is important to the success of a business, but to what extent do we measure visibility so important that it pollutes the viewshed of our visitors and residents who live nearby? Success is also an arbitrary term which a variance cannot address. Variances are granted only when the strict interpretation of the ordinance imposes an undue hardship upon the applicant. The height restriction does not prohibit the intended use of the land. In addition, gain or loss of monetary value is not a criteria for granting a variance. A sign reaching the height of 35 feet is clearly visible from adjacent roads and Interstate 81. A customer would have no problem identifying the location of the business. The sign for McDonald's, which is 35 feet in height, is clearly visible from Interstate 81. In addition, "visibility" can also be accomplished through the use of interstate logo signs that give direction as well as distance. STAFF RECOMMENDATIONS: Because there is clearly no hardship, staff strongly recommends denial. A& A& MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner 2. APPLICANT: X other . (Check one) OCCUPANT: (if different) NAME:;.,r halter H. Aiken * NAME: Holiday Inn Express ADDRESS P.O. }3ox 2468 Winchester, Va. 22601 TELEPHONE: 703-662-3752 ADDRESS: 2800 Aikens Center ;artinsburg, WV 25401 TELEPHONE: 304-263-6200 3. The property is located at (give exact directions and include State Route numbers): Route 1012 (mown Ron Lane) west side of road, south of Routg 277. 4. The property has a road frontage of 165 feet and a depth of 400 feet and consists of 1.5152 acres. (please be exact) 5. The property is owned by Hwy F. Stimpson, III as evidenced by deed from Harry F. Stimpson, Jr recorded (previous owner) in deed book no. 827 on page 1724 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. * c/o Gilbert �� . Clifford & Associates, Inc. - Stephen ":. Gyurisin ;_�(,0 A". Caaeren Street, 'Ainch�-ster, Va. 226(A - 703-667-2139 Send response to above address. page 2 of 5 6. Magisterial District: 7. 1.1 a 14-Digit Property Identification No.: 8 The existing zoning of the property is: The existing use of the property is: 10. Adjoining Property: USE North hotel East Rt. 1012 I-B1 South Vacant West Vacant • Vacant ZONING b-2 B-2 B-2 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 2,' sign heightvariance for a Holivay lnn &press 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 'fhe shape and the location of the property in relation to the adjacant 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 14. The following names and addresses are all of the indivi4ual firms, or corporations owning property adjacent to the proper fol; which the variance is being sought, including properties Vt" the sides, rear and in front of (across street from) 44}, ject N property. (Use additional pages if necessary.) These pe6ple°will be notified by mail of this application: (Please list complete° digit property identification number) NAME Aaaress Harry F. Stimpson Rosney Farms, Boyce, Va. 22620 Property ID# 85 ((A)) 146 / 85000A00001460 Address Scully, Ltd. P.O. Box 3038, Winchest_er, Va. 22604 Property ID# A 8 (AS) 11i8 / 850t,-0A00001480 de� -Property ID# Address -Property ID# -Address -Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# 0 LINE DIRECTION DISTANCE L 1 S 29'4457" W 43.22' L2 S 4538'42 W 149.95' L3 S 3322'16 W 37.50' L4 S 7822'16" W 46.67' L5 S 3322'16" W 50.00' L6 S 07'48 53 E 53.15' L7 S 563744" E 28.00' ti� do �ej• I NOTES• / 1. No title report furnished. 2. Easements may exist that are not shown. J. Iron rods found or set at all property comers. / 4. Boundary information taken from plot of lb survey doted 1 August 1994 by David M. Furstenou, L.S. �qj Stephens City Motel - / Associates, L.P. J �1Z8 O DB610—P351 h2 `rs Zoned: jP62r, �r°/ Use: Comrperc16l o.�, 61 ti sro S �O s 19 Z'rv Parcel146 13.4125 Acres z w U`\ Town of Stephens City DB 296 — P 162 Zoned. RA Use: Vacant t� \ MINIMUM SETBACK REQUlREMEN7S: �� Fron t = 35' Side = 0' Rear = 0' TM 85 ((A)) Pcl 146 Zoned. • B2 Use: Vacant 77d 85 ((A)) Pcl 146A Zoned.- 62 Use: Vocon t 0 CERTIFICATE NO. 1 v 1197 D LAND SURVEYOR L J APPROXIMATE L l LOCATION OF / HOLIDAY INN �h�o�c� SIGN v L2 14ej Oh� 1 L 4 L3 4 c lb Lj 0 100 200 400 Graphic Scale in Feet 1 "=200' Final Oct for Minor Subdivision Of The Land Of Harry F. Stimpson, III Opequon Magisterial District Wdt: MS-94094.dwg Frederick County, Virginia DATE: 15 November 1994 SCALE: 1"=200' Sheet 2 of 2 gilbert w. Clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C 01de Greenwich Orive 200 North Cameron Street Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 al ��� 621� ��,ti'„ _ate AGE DOUBLE FACE INTERNALLY ILLUMINATED HI-R15E 51GN (ELEVATION) 5CALE: 1/&"= V-0" • 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 DATE �- /- � lid ...: � SIGNATURE OF OWNER y e DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: ""N t NNNSTN MOWN M YI eesunN. wno, o� BK 8 2 7 FG 172 2M 213g�90 aid � � `�v THIS DEED OF GIFT, made this d f �© l�v N 1994, by and between HA iT 1. JR. and MARTHA B. STIMPSON, his wife, of the o*alto0�%�� hereinafter called the Grantors, and HARRY F. f�ry�'���L" of the other part, hereinafter called the Grants*. y WITNESSETHt That for and in consideration of the love and affection of the Grantors for the Grantee, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all that certain tract or parcel of land lying and being situate in Opequon Magisterial District, Frederick County, Virginia, on the Eastern side of Town Run Lane (Route 1012) containing .14.9277 Acres, sore particularly described by plat and survey of David M. Furstenau, Land Surveyor, dated August 1, 1994, attached hereto and incorporated herein in full by this reference; and being a tract which immediately before this conveyance was owned by Harry F. Stiapson, Jr. (an undivided one-third (1/3) interest) and Harry T. Stiapson, III (an undivided two-thirds (2/3) interest); said land being a portion of a larger tract conveyed from The Bruaback Heirs, Inc. by Deed dated July 16. 1973. and duly recorded in the Office of the Clark of the Circuit Court of Frederick County. Virginia. in Deed Book 413. at Page 303, conveying an undivided one-third (1/3) interest each to Harry F. Stispeon, Jr., Margaret B. Stiapeou (wife of Harry F. Stiapson, Jr.) and Harry F. Stiapson, III. the said Margaret B. Stimpeon having thereafter died and bar undivided one-third (1/3) interest having been conveyed to Harry T. Stiapson, III by Deed of Distribution fro■ Harry F. Stiapson, T {T�l - ', Q 52627 8 BK827PG 1125 Jr., Executor of the Estate of Margaret B. Stispson, Des �'C, N dated June 10, 1988, and duly recorded in the afore 693, Page 8 e Clark's Office in Dead Book at ! the aforesaid survey, plat and deeds and to onces}�� contained therein is here made for a further a 2J-11 particular description of the realty hereby conveyed. 4 This conveyance is made subject to all legally enforceable restrictive covenants and easements of record, if any, affecting the aforesaid realty. WITNESS the folloving signatures and seals: %A -Y' (SEAL) Har P. Stimps n, . l 1� �- lilri (KOn (SEAL) y. Ma tha B. Stisps n ' STATE OF VIRGINIA AT LARGE, r., OF , To -Wit: The foregoing instrument vas acknovledged before me this fi'x"s a?ans(Aay of f.m.Atw 1994, by Harry F. Stispson, Jr. and Martha B. Stispson, his Wife. My commission expires ��f�i�) S�. I99S _— i� •..vtx Notary Public -o' o• M01s11 a NMIuTee ww�nt�. w.wr t^ _ 2 -SK $a 7 �60Ma4 1, 009010 M FLuM7 Md w _, on this !�Q day of S¢ i07 �s6t� ereby cerd�fy, rOv N• W that the plat and description attached hereto is a truepy of a survey made by me on the _� day of O� 199 , of the land conveyed to HA h�m If by Deed dated Su(v 16_ 1a173 , rocordod in Deed Book S'i3 , Page 3 03 . The said land lies in O AG' d1 U o �l District. u. /7 SURVE R v' STATE -OF VIRG IA COUNTY OF To -Wit: G�A , A Notary Public in and for the State of Virginia and County of CA I do hereby certify that this day personally appeared before me r. �a� rr1 :<'whose name is signed to the foregoing instrument dated day of Agg vST' 19�, and acknowledged the same :.before me in my State and o aforesaid. Given under my hand this day of 19—b—. �y My commission expires N PUBLIC u ' �� ' ",. a' I j 6 :■ WS711 R=68S.83' g.22 AA=190.39' t— N r a r N OD Y CD A 5 .So ST��L — - --� ,TI KEY DRI Ve (60- WIDE) g1 Ra9.77' rs rs ra A=205.66, ma 14.9277 ACRES TAX MAP M 85-A-146 8 147 4.3( To airy $ - - N 33017' 22'E 877.39' 277 S1'EN�1' UN LANE RTE. 10[2_ . FUG = TowN R ;ram ;�. STEPHENS RIDGE SECT. I OPEN SPACE 8 746 /1189 rs - 5 33022' 16"V 525.76 _ - 7. 0 PM SET P rM rD. fs J� DWING s .:'a "'� VG LAD OF.- 3N, JL ET ALS. ISTRICT TY, VIRGINIA ALL N A FLOOD w F �y sc1u r= a� 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 CHANGE ORDER SHOP DRAWINGS ❑ PRINTS COPY OF LETTER ❑ PLATS COPIESI DATE 2 1 11 /21 LETTER OF TRANSMITTAL PRESENT DATE JOB NO. 11/23/94 r +( J ATTENTION Mr. Wayne Miller n- s2 uay nn xr i Frederick Co-. Va- '`fir/:, UNDER SEPARATE THE FOLLOWING ITEMS SAMPLES SPECIFICATIONS ❑ PLANS Fx I OTHER DESCRIPTION Sign Size and Height Variance Application - Holiday Inn Check #2328 in the Amount of $525.00 XD ARE TRANSMITTED F1APPROVED/SUBMITTED FOR APPROVAL FlAPPROVED/AS NOTED FOR YOUR USE FI RETURN/CORRECTIONS AS REQUESTED ❑ FOR REVIEW or COMMENT FOR BIDS DUE 19___ REMARKS COPY TO: Walter AikenS SIGNED SS RESUBMITFOR APPROVAL SUBMITFOR DISTRIBUTION RETURNED_ CORRECTED PRINTS ❑ LOAN PRINT/RETURN RETURN/WITH SIGNATURES