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Home My WebLink About03-88 Westminster-Canterbury of Winchester - Gainesboro District - Backfile0 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 March 7, 1988 Mr. Richard A. Zechiel, Administrator 956 Westminster —Canterbury Drive Winchester, Virginia 22601 Dear Mr. Zechiel: This letter is to confirm the Frederick County.Board of Supervisors' action at their meeting of February 10, 1988: Approval of Conditional Use Permit #003-88 of Westminster —Canterbury of Winchester for an off —site entrance sign to be located on Westminster —Canterbury Drive (formerly Frederick Mall Drive), Route 522 North at Sunnyside, in the Gainesboro Magisterial District, with the following conditions: 1. This is a one—year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. A detailed site plan showing sight distances should be provided to the staff and VDOT. Appropriate sight distances shall be maintained. Review of this site plan by staff shall also include consideration of the proper placement of this sign so as not to obstruct the view of existing signs in the area. 4. The sign shall be maintained in good repair. If you have any questions regarding your conditional use permit, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/dkg cc: Denny Derflinger Esten Rudolph, Commissioner of Revenue George Whitacre, Circuit Court Clerk William Orndoff; Treasurer Roy Jennings, Comissioner of Revenue's Office 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 Administrator Richard A. Zechiel 956 Westminster -Canterbury Drive Telephone Winchester. Virginia 22601 (703) 665-0156 CONDITIONAL USE PERMIT #003-88 Westminster -Canterbury of Winchester Off -Site Entrance Sign LOCATION: Route 522 North at Sunnyside; located on Westminster -Canterbury Drive (formerly Frederick Mall Drive). MAGISTERIAL DISTRICT: Gainesboro ADJACENT LAND USE AND ZONING: Vacant commercial and residential land use and B-2 Business General) and RP Residential Performance) Zoning. PROPOSED USE AND IMPROVEMENTS: Sign for Westminster -Canterbury REVIEW EVALUATIONS: Virginia Dept. of Highways and Transportation - No objection. Inspections Department - Must be designed and constructed in accord with the VUSBC. Planning and Zoning - No objections. Sight distance should be mail wined at this intersection. STAFF RECOMMENDATIONS: Approval with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors, 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. A detailed site plan showing sight distances should be provided to the staff and VDH&T. Appropriate sight distances shall be maintained. 4. The sign shall be maintained in good repair. PLANNING COMMISSION RECOMMENDATIONS OF 2 3/88: Approval -with, the-fo_11ow iig conditions : 1. This is a one-year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall, expire and a new conditional use permit will be required. '/3. A detailed site plan showing sight distances should be provided to the staff and VDOT. Appropriate sight distances shall be maintained. Review of this site plan by staff shall also include consideration of the proper placement of this sign so as not to obstruct the view of existing signs in the area. (continued next page) , Page 2 0 Westminster -Canterbury of Winchester CUP ✓4. The sign shall be maintained in good repair. The vote on the approval of this conditional use permit was: YES (TO APPROVE): Copenhaver, McDonald, Sherwood, Brumback, Golladay, DeHaven, Wilson ABSTAIN: Romine APIRCATION FOR CONDITIONAL USIPPERMIT IN THE COUNTY OF FREDERICK, VIRGINIA Conditional Use Permit No. 003-88 Application Date 1-8-88 Fee Paidjti, Submittal Deadline is For the Meeting of 1. The applicant is the owner other (check one) APPL.I cANT : OWN Ek 2. NAME:VfeS{mif Ar-CIr+ ubury G'F NAME: Denn ADDRESS: Win es� ADDRESS: Po. 1.3ox 18 / 956 G/e5tminstPi - Q r-du1iuru Pri ue W inche--%W VA • Moo I TELEPHONE:— TELEPHONE: 67,7- /Ba2 3. The property is located at (please give exact directions) I/ - 4. The property fronts state route a5 2AJ and consists of Yv ac/e acres. (Please be exact) ((—- 5. The property is owned by T)ennu Nrrlin9er as evidenced by deed from A1cVrSornZ�nhOrn 1 reco ed in deed book no. on page ,'registry of the County of PROPERTY IDFNTIFICATTON NO. JCP.2e"e ZZS 21 �dcg i t #) S3pp0-00�1-DOOD-�3-DDo0-J 6. This property is designated as p p y g parcel no. D-1 on tax map no. 53 in the C-yinesbcr-o Magisterial District. 7. The type of use proposed is Oian 4�r the,. `u5ine5-s 6n U66n.ier- Caderburg -Drivo 8. It is proposed that the following additions/improvements to existing buildings will be constructed. F'ntnancp, Sign 9. It is proposed that the following buildings will be constructed: A)Dne-" 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property. (Use additional pages if necessary). These people will be notified by mail of this ---- -- -- - -- application. ;(PLEASE_^LIST _COMPLETE 21-_DIGIT NUMBER) _ _ / NAME 1. 14. IG &-n hone Tru5iea Address: P0. 83X 869 Wincheskr Property ID# : $ 000- 0-4--6000-000a--000C -0 2. Vernon d. d FrQnci, (An Address: inches e BY 8V & Property ID#: 53AOO-AM-66OD-00e6 -aOOS--D 3. Address: Property ID# 4. Address: Property ID#: Page Two Conditional Use Pet NAME • 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 9. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Supervisors of the County of Virginia, and authorize the County to go upon the property for the purpose of making site inspections. Signature of Owner: Signature of Applicant: ►Ues�mi�ster-Grinterbury of wr��cnes�ei- Complete Mailing Address: Q5-& Gostmim&r-C'an(erbaru Driw, Winches&r - VA. ,29b of Telephone Number: 1B) &to57--Ol56 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) r-)--�- gj T Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) r 1-� Approval Denial COUNTY ADMIN. (signed) 42 >" 43 i 2' , \• • , in • as / I - O .• A Rp SpAkl- - =' •''L - R P M M. t p K / 5 M' CITY OF I//, / / WINCNESTER i / /' CITY OF WINCHESTER J, J � cam• , / ' ' / ` 1� / / / � I , 4 . N yf I Sid IS'li, ly T JI I "Lu' ' r . slti,.y1 �' I •,.. v• \ \cn„ U • �i \ p'3 cij ��y0 �U• t a p, pramJg`' / u, O _ r �- UV P Ui•i . t : JMI1 1 rq LOT A 0.8350 A,. 1 2. 11 !!, ACRt J S ?� do , 07 '. PROPOSED MULTIFAMILY o I.0851i At• �•o +1 y 9.6300 ACRES r we f f. ny0, r A 1_: 136 I LOT A 136.00' 101� MA L L -" Z 723r' Ac. 1 1�1_.U. 2 —_ Uk' .� H2 69.00, L f r c 9 3 7+ 71 N 16 02' S6G R, u h' 1 - A Fire - �i(.F'[ :'01.47 i 12J nr,' y Nyd-t. a� I t t-1Jy.'ay s Y1L0 1 ;?Et,�7� 178.4d +III •I'O.dyi �' :01 G a ; sMN 01 yb[''1 `�4 A 46.361 W .� I�; JI I .:;�•:-,y'_I_E.., 0-+'�A.-0U' .� Sue* 4`11 t l 1 1S 36 l LUI ,, ' -1 '2006 AC. ' 71 3101 A; ' _ I ', �; 10' :,,. .. •P l,. ,a. ^t S/ �I.1H ' . U I J I•- O -� ' 111 , I , l , t •rfi� r 1U. ul 11 1 j nl .. l [ V' i + :1.' . UV_ J - -- --- .. S Itiv 32' 45' W \I .. ,1,01 SIG' lll•I ', LascnlynI :U' ul 1,1 I, l \ D D .P Q,I 4„ l.fy .lap T---- (LiRYE 1 A 8 L i No.1 D, I : , Raj 1 s Arc 1' ^; •, I 22 47'28" 841.501 334.731 169,61' 332.53' 2 9013'24" 1755-97' 282.67' 141.641 282.37' 3 r'> 22°47'28" 761.50, 310.86' 157.52' 308.82' 4 90I.; aT 11" rQ 00 1_Iia 1 2 1 LLaL 292,01' [ n .- n,l, 1 )14h -•-5k;., ;.,, r Md 1711y I FREDERICK MALL LAND TRUST uAlnL'Sitvl,G I' c x y <57 v 1 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 January 27, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Westminster -Canterbury of Winchester Conditional Use Permit For: A sign to be located on Westminster -Canterbury Drive and Route 522 North at Sunnyside in the Gainesboro Magisterial District. This conditional use permit will be considered by the Frederick County Board of Supervisors at their meeting of February 10, 1988, at 7:15kp.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, i Robert W. Watkins Director RWW:dl1 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify Rat the attached correspondence was mailed to the following on January 27, 1988, from the Department of Planning and Development, Frederick County, Virginia: -DERFLINGER,.DENNIS !P.O. BOX.1881 jWINCHESTER, VA. 22601 (BENHAM, H. K. III, TRUSTEE OF FREDERICK.MALL LAND•TRUST'. 21 S. LOUOOUN ST. WINCHESTER,:VA. 22601 UNGER; - VERNON B. & FRANCES - -_ -RT-.�5 BOX 873 !WINCHESTER, VA. 22601 n �v Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY'OF FREDERICK I, _/�jah2 /�. latom4r.// , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 0-uvccal-y a7, /708 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this n)7-1� day of �/zxua-Ny 1988. My commission expires on NOTARY PUBLIC • 0 January 20, 1988 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Westminster -Canterbury of Winchester. Conditional Use Permit For: A sign to be located on Westminster -Canterbury Drive and Route 522 North at Sunnyside in the Gainesboro Magisterial District. This conditional use permit will be considered by the Frederick County Planning Commission at their meeting of February 3, 1988, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, r _ Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify tha he attached correspondence was led to the following on rom January 20, 1988 fDepartment of Planning and Deepment, Frederick County, Virginia: 'DERFLINGER, DENNIS P.O. BOX 1881 WINCHESTER, 'VA. I 22601 h I i �BENHAM, H. K. III, TRUSTEE OF 1 FREDERICK MALL LAND TRUST: 21.5. LOUDOUN ST. "WINCHESTER, VA. . 22601 'LINGER, VERNON B. & FRANCES RT. 5 BOX 873 WINCHESTER, VA.. 22601 Mn. Richa)Ld A. Zechiee We/stmin/steiL- Cant ehbuny a4 Winehelstett 956 Wmtmin,6teA- Cant eltbuty Dtive Winehmt m, ViAg.inia 22601 Ro ert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Pik , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated . a" A , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of , 1988. My commission expires on 3 ` 61 NOTARY PUBLIC • 40b ! WESrMlNSTER- CANTERBURY of W1N , INC. "The Place To Live. Naturally. " January 7, 1988 Mr. John R. Riley, Jr. County Administrator P.O. BOX 601 Winchester, VA 22601 Dear John: As instructed by your office earlier today, we are" enclosing our check in the amount of $75.00 for a conditional use permit for a sign to be erected by Westminster -Canterbury of Winchester, Inc. on the property of Mr. D. Derflinger, corner Route 522 and Westminster -Canterbury Drive. Thank you for your help in this matter. Sincerely, Richard A. Zechiel Administrator Enclosure mi 956 Westminster -Canterbury Drive, Winchester, Virginia 22601, Telephone (703) 665-0156 I i 2 1-4 I , 1 r 14 !T i' I CAI INI T I ` -t� 3 U ,SCE, 31i-v-Ou 0- 0- 1 '�� G OS C �, ! 15 � o � W. 0 ,60 of HARRISON t JONNITGN r� u W. OX602PG560 and including the easements set forth on -the plat attached to or contained in the said Deed of Dedication and amendments thereto. As a condition of this conveyance, no building may be con- structed nor maintained on either of the said two lots without the plans for the exterior of any building being approved by the Grantor, who shall determine whether the plans of the exterior, including architectural design, are in conformity with or at least do not clash with the plans and designs of the other buildings in the subdivision, including the presently existing High's building. Further, as a condition of this conveyance, the Grantor warrants that the Grantee shall not be liable for any costs in maintaining Frederick Mall Drive until said Drive is accepted by the State into the State Highway system and that the Grantee will not incur any costs at the time or as a result of Frederick Mall Drive being taken into the State Highway system. In the event the Grantee should incur any such costs, the Grantor will re- imburse the Grantee for said costs immediately. In addition, the Grantor agrees to maintain that portion of Frederick Mall Drive that bounds the property conveyed hereby in as good a condition as it now is until said Drive is accepted by the State Highway Department or the County of Frederick. WITNESS the following signature and seal: (SEAL) K. K. Benham, III, Trustee o Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is re- corded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107 STATE OF VIRGINIA,/lf �A'%` T OF I.J: /)G4r14�, To -wit: The foregoing instrument was acknowledged before me this - 2 - W MAYYI�OM f JOYY�TCN lnuun lT w YIYIYIIiII. 1Nl1YN • #4579 H. K. BENHAM, III TRS_ * TO DEED DENNIS DERFLINGER' A602PG559 I ,,�59 THIS DEED, made this �_ K day of Septpmhpr , 1985, between H. K. Benham, III, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107, of tl one part, hereinafter called the Grantor, and Dennis Derflinger, single, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable con- sideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with Special Warranty of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of those two (2) certain lots of land fronting on the East side of Frederick Mall Drive in Gaineaboro Magisterial District of Frederick County Virginia, more particularly described as Lot D, containing .6107 Acres, more or less, and Lot D-1, containing .3971 Acres, more on less, on the plat of survey by Elliott Ritchie, Jr., Land Surveyor, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 553, at Page 489; and being a portion of the property conveyed to the Grantor herein by C. D. Hylton, et ux, by deed recorded in the aforesaid Clerk's Office in Deed Book 511, at Page 5. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty, including the conditions and restrictions set forth in the Deed of Dedication dated May 18. 1981 and recorded in the aforesaid Clerk's Office in Deed Book 553, at Page 474, as amended by instruments recorded in the aforesaid Clerk's Office in'Deed Book 553, at Page 486 and in Deed Book 554, at Page 631 v■ ti OK602PG56I 3" day of 1985, by H. K. Benham, III, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107. ,l i My commission expires Notary Pub iLAGlNLA f*RU).'scflCK JJ1.Ij' This Irument wr ' was produced o me ono the,� day of and with certificate o acknowledgment thereto anneced w.0 admitted to record. Tax imposed by Sea. 58-d4.1 of Stn[tt- 062 �and 58-54 have been paid, if aaae,iab, i .. - � •Hoorn �r w :uY.urw mu■u , _ 3 _ 561 f 0 0 • • RUN DATE: 01/14/88 FREDERICK COUNTY, LNIA PLANNING & DEVELOPMENTWABEL LIP PAGE 4 ------------------------------ -------- LAND TMPROV-,w-- 2 2 MAP NO- An n R F t S IIE S C RI P T Iii N A C R F A GF 7 A N F 1 1/ C V A J L J F 3 3 -ti►+i. +l�1►t+ - ---_-------.- — .- -- - ��.r:+r .- � -- ---- -- - .�.r...�- - — --�F.}-}.-.. 4 4 ——0003—ODOD-1 OERFJ TNGER, DENNISFREDERICK — - s s P-ROY IA81 — - — — 6 WTNCHFCTFJ? VA- 7— e II-0002-000C-0 BENHAM, H. K. ITT, TRUSTEE nF — FREDERICK MALL LC S2 g 3 FRE0FRirK—LIm i I AND TRUST _ 10 10 ZJ ST a 11 - -- — VA. 11 --WIN€HESTER, 12 12 22601 _ _ _ _ _ 1s 3- 53Ann-Ann—Cfc- 1 , 14 4 RTC-5 BOX 873 1s 1sWTNCHFSTER, VA.