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Home My WebLink About20-94 Holiday Inn Express - Backfile (2)RECEIPT CASH (' Q CHECK "` r f OTHER FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P. 0. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 DATE / 1 RECEIVED FROM ADDRESS THE SUM FOR DAY -TIMERS RE -ORDER No. 3221 — Printed in USA ► COUNTY of FREDERICK I December 28, 1994 Mr. Walter H. Aikens P.O. Box 2468 Winchester, Virginia 22602 Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 RE: VARIANCE #020-94 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 #020-94 for a sign size variance of 165 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 Miller Zoning Administrator WWM/bah 9 North Loudoun Street I P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 i 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 of: MR. WALTER H. AIKENS APPLICATION #020-94 FOR: a sign size variance of 165 square feet. 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, L jy, Jean M. Moore Planner I JMM/dc 9 North Loudoun Street J\P.O. Box 601 Winchester, VA 22601 Win Nester, VA 22604 This is to certify than *`she attached correspondence was mailed to the following on nF.('FMRF.R 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. STIMPSON ROSNEY FARMS BOYCE, VIRGINIA 22620 SCULLY, LTD P.O. BOX 3038 WINCHESTER, VIRGINIA 22604 STATE OF VIRGINIA COUNTY OF FREDERICK I, RENEE ` S . ARLOTTA D�- ean M.'Moore, 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 6TR day of DECEMBER 1994 My commission expires on AUGUST 31, 1995 AGREEMENT ARIANCE # i dersigned, 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 applicant) -OFFICE USE ONLY- BZA PliBLIC HEARING OF - DATE - TE !/ o7/ g 4--1 ATE ACTION: APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: BZA REVIEW DATE: 12/20/94 VARIANCE #020-94 HOLIDAY INN EXPRESS LOCATION: This property is located of 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 size variance of,n...3-f��.' . REASON FOR VARIANCE: 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 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." L` Because the application of the ordinance does not meet the terms specified above, the variance should not be granted. STAFF RECOMMENDATIONS: Staff recommends denial. Ak 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. waiter H. Aikens * NAME: Holiday Inn Express ADDRESS P.O. Box 2468 ADDRESS: 2800 Aikens Center Winchester, Va. 22601 i'-',artinsburg, WV 25401 TELEPHONE: 703-662-3752 TELEPHONE: 304-63-620u 3. The property is located at (give exact directions and include State Route numbers): Route 1012 (iown 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 harry 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 t.. Gyurisin 2G0 Cameren Street, winch<ster, Va. 226 1 - 703-667-2139 Send responce to above address. page 2 of 5 6. Magisterial District: 7. 14-Digit Property Identification No.: W The existing zoning of the property i �7_ 9. The existing use of the property is: Vacant 10. Adjoining Property: USE ZONING North Hotel B-2 East R t . 1012 I-81 South Vacant B-2 West Vacant 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 165' sign size variance for a Holiday Inn Express 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 Phe 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 ittl�iiiv3d9 firms, or corporations owning property adjacent to the proper which the variance is being sought, including properties ate sides, rear and in front of (across street from) the subJ,�+ property. (Use additional pages if necessary.) These people wiff be notified by mail of this application: (Please list com ete 14— 6q digit property identification number )� NAME Harry F. Stimpson Scully, Ltd. l i 1 Address Rosney Farms, Boyce, Va. 22620 Property ID# 85 ((A)j 146 / 850o0A000o14.60 Address P.O. Box 3038, Winchester, Va. 22604 Property ID# ((As) 148 / 85000A0000148o Aad Property ID Address Property ID Address Property ID address Property ID kddress ?roperty ID; kddress Property ID; address )roperty ID; ►ddress Iroperty ID; Adress Iroperty IDS LINE DIRECTION DISTANCE L 1 S 2944 57" W 43.22' L2 S 453842W 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 56 37"44" E 28.00' �Ce' of NOTES.• / 1. No title report furnished. 2. Easements may exist that are not shown. 3. Iron rods found or set at all property comers. / 4. Boundary information taken from plot of survey dated 1 August 1994 by David M. A Furstenou, L.S. Iry 0 Parcel146 13.4125 Acres z C? Town of Stephens City OB 296 — P 162 z Zoned. RA Use: Vacant M/N/MUM SETBACK REQUIREMENTS• Fron t = 35" Side = 0" Rear = 0" TM 85 ((A)) Pcl 146 Zoned: B2 Use: Vacant ;M 85 ((A)) Pcl 146A Zoned: B2 Use: Vacan t P�1 H 1 f Stephens City Motel / Associates, L.P. DB 610 — P 351 h Ss Zoned: 82 V �. N0 m 6 Use: Commerciol � J c 00��29i ! ` '� V S z/ IS�9��6q c tio S6\ .O O- L APPROXIMATE L l / LOCATION OF � / HOLIDAY INN �h�o� SIGN IZ: v L7 1\ c Goo h �r oG� co Lj 0 100 200 400 Graphic Scale in Feet 1 "=200" Final Plat for Minor Sub di vision Of The Lond Of Harry F. Stimpson, III Opequon Magisterial District ��si t: MS-94094.dwg Frederick County, Virginia o CERTIF-tiICCATEC�NO. DATE: 15 November 1994 SCALE: 1 "=200' Sheet 2 of 2 U 1197 a gilbert w. Clifford & ossociates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS LAND 150—C 01de Greenwich Drive 200 North C0mer0n Street SURVEYOR Fredericksburg, Virginio 22401 Winchester, Virglnio 22601 (703) 898-2115 (703) 667-2139 �l „t.Z op AGE DOUBLE FACE INTERNALLY ILLUMINATED HI—R15E SIGN (ELEVATION) SCALE: 1/8"= l'-0" 04884 a /axasm Arms." a u. I "&& "Room i • o� 6K827FGU 1724 THIS DEED OF GIFT, made this Ira/ day of 1994, by and between HARRY F. STI_ MPSOH, JR. and MARTHA B. STIMPSON, his wife, of the one past, A*> L a hereinafter called the Grantors, and HARRY F. STIMPSON, III, of the other part, hereinafter called the Grantee./Cj�� 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 Opaquon Magisterial District, Frederick County, Virginia, on the Eastern side of Town Run Lane (Route 1012) containing .14.9277 Acres, more 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. Stimpson. Jr. (an undivided one-third (1/3) interest) and Harry F. Stimpson. III (an undivided two-thirds (2/3) interest); said land being a portion of a larger tract conveyed from The Brumback Heirs. Inc. by Dead dated July 16. 1973, and duly recorded in the Office of the Clark of the Circuit Court of Traderick County, Virginia. in Deed Book 413. at Page 303, conveying an undivided one-third (1/3) interest each to Harry F. Stimpeon, Jr.. Margaret B. Stimpson (wife of Harry F. Stimpson, Jr.) and Harry F. Stimpson, III, the said Margaret B. Stimpson having thereafter died and her undivided one-third (1/3) interest having been conveyed to Harry F. Stimpson, III by Deed of Distribution from Harry F. Stimpson, • rues a wsseres YMMb N W BK821PG 1125 Jr., Executor of the Estate of Margaret B. Stimpson, Deceased, dated June 10, 1988, and duly recorded in the afot� Clark's Office in Dead Book 693, at Page 880. A reforan4 to the aforesaid survey, plat and dead s and the rdssrsd # r contained therein is here made for a fur er and store ,A particular description of the realty hereby +veye#t-t C) This conveyance is made subject to all legally r, enforceable restrictive covenants and easements of record, if any, affecting the aforesaid realty. WITNESS the following signatures and seals: .�. ' (SEAL) 04Harer Stimps n, Mr- ,,d& �. h,&Qi O(1 (SEAL) Ma tha B. Stisps n STATE OF VIRGINIA AT LARGE, OF � , To -wit: The foregoing instrument was acknowledged before no this 0?,Rn-(-day of 1994, by Harry P. Stimpson, •_T Jr. and Martha B. Stimpson, his wife. My commission expires nfjAw) .34 1995 Y7A At -A " X0. '44� Rotary Public y - 2 _ y • �K �a � � l7aG I, 009V 1 D j f, FV95TAy,4 LG on this BK day of S¢ PTc^be� Yg7� d�ereby certify that the plat and description attached hereto is a true copy of a survey made by me on the �(_ day of u u of W OtI rMG the land conveyed to ./ }, c by Deed dated TyEj ILA l°)i3 ► rocorded in Dood Page 3 03 . The said land lies in District. SURVE iL L y STATE -OF VIRG IA // f� To'-IWit: > '�, COUNTY OF e�er+C , r —n,, I� , A Notary Public � A Af• �CaD County of 4edlo: +C�K , in and for the State of Virginia and "do hereby certify that this day personally appeared before me whose name is signed to the foregoing instrument dated day of AVySCT , 19 ,, and acknowledged the same - �. before M in my state and o aforesaid. 'Wy *�` jE <• my hand this � day of SPAe b`�. :: Given under _• f, f= 9 .AM My commission expires �r i i 044' 57"W R=68S.83' s ,TlCKL s. 22' A=19o. 39' �?: �9 EY DRI V� (60' wroE) g1 �' `�%iy�✓d p ra R=9S9.77' n ra A=20S.66' g 4 -a Ae , p a r N co Y m I* ` _4 14.9277 ACRES TAX MAP K 83-A-146 8 147 FM _ N 33017'22`E 877.39' bo 4 u �w 277 d �---it FU STEN - TOWN UN LANE RTE 1012 �t r t .. t �.• d _�. i�:i-�`'�4_CfR.Y�.4riY:94$� .• STEPHENS RIDGE SECT. I OPEN SPACE 8 746 /1189 rs S 33022'I6"W 525.76' N i m ser 2S M S-7s y PLAT SHOWIN6W s til DOW AL � FURST81w � THE REMAINING LM J �" . uss HARRY F.. STIWSON. L ET ALS n CPEMM DISTRICT 4FREDERICK %COLPM, VIRMNIA SU T�H�i�S� yG�OES NOT FALL ItARL W -.. f � - fIKLIYw t.VfG. t Lo 1 ! SUS i YINiNATEs AM I. IW: 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 F71 ATTACHED ElHAND DELIVERED CHANGE ORDER SHOP DRAWINGS ❑ PRINTS COPY OF LETTER ❑ PLATS 0 LETTER OF TRANSMITTAL PRESENT DATE JOB NO. ., Vy" 11 /23/94 y �t. w ATTENTION Mr. Wayne Miller�� ,p RE: AikPnc - T-inlirlav Tnn F.xnrPcc Ci , r- UNDER SEPARATE THE FOLLOWING ITEMS SAMPLES SPECIFICATIONS ❑ PLANS Q OTHER COPIES DATE I DESCRIPTION 2 1 Sign Size and Height Variance Application - Holiday Inn 1 111/21/94 1 Check #2328 in the Amount of $525.00 ARE TRANSMITTED F-1 APPROVED/SUBMITTED FOR APPROVAL APPROVED/AS NOTED FOR YOUR USE El RETURN/CORRECTIONS AS REQUESTED FOR REVIEW or COMMENT El FOR BIDS DUE ------------ 19___ REMARKS COPY TO: Walter AikenS SIGNED RESUBMIT___ FOR APPROVAL SUBMIT___ FOR DISTRIBUTION RETURNED_ CORRECTED PRINTS LOAN PRINT/RETURN RETURN/WITH SIGNATURES