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HomeMy WebLinkAboutBZA 05-15-01 Meeting AgendaFILE COPY FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia May 15, 2001 3:25 p.m. CALL TO ORDER 1) Minutes of the April 17, 2001 Meeting PUBLIC HEARING 2) Appeal Application #06-01 by Tri -County Virginia Opportunities Industrialization Centers, Inc. (Tri -County OIC) and Apple Country Head Start. This is an appeal of the determination made by the office of the Zoning Administrator in the administration of the Zoning Ordinance, pursuant to Section 165-82D, concerning the operation of a Head Start Program in an M1 (Light Industrial) Zoning District. This property is located at 444 Shady Elm Road and is identified with Property Identification Number 63 -A -59D in the Back Creek Magisterial District. 3) Other MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on April 17, 2001. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Theresa Catlett, Opequon District; Dudley Rinker, Back Creek District; Gilbank Hamilton, Shawnee District and Robert Perry, Stonewall District STAFF PRESENT: Eric R. Lawrence, Deputy Director; Patrick T..Davenport, Zoning Administrator; Jeremy F. Camp, Planner II; Carol Huff, Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. MINUTES OF MARCH 20, 2001 On a motion made by Mr. Perry and seconded by Mrs. Catlett, the minutes for the March 20, 2001 meeting were unanimously approved. Mr. Rinker abstained from the vote due to his absence at the March meeting. PUBLIC HEARING Variance 404-01 of Blake and Rebecca Watts for a 30 -foot rear yard setback variance to enable an addition to a single-family residence. This property is located at 605 Glendobbin Road and is identified with Property Identification Number 43-13-1-3 in the Gainesboro Magisterial District. ACTION - APPROVED AS AMENDED TO 24 FEET Mr. Patrick Davenport, Zoning Administrator, presented the background information on the Watts' variance request. Mr. Davenport pointed out that there were letters of support from the adjoining property owners, and that the orchard owner does not plan to plant fruit trees in a wooded strip which lies within 200 feet of the proposed addition. Mr. Blake Watts, applicant, came forward and explained that they have owned the Frederick Co. Board of Zoning Appeals Minutes of April 17, 2001 Minutes Book Page 1107 property since 1992; however, their growing family and increasing needs have created the need for more living area. They have been working with an architect on plans for expansion and were well into the process before they learned of the county ordinance regarding maintaining a 200 -foot setback from a working orchard. Mr. Watts also pointed out that he has spoken with all of his neighbors, including the owner of the orchard, and no one had any objections to their expansion plans. Rebecca Watts, co -applicant, was present but did not come forward to add anything to Mr. Watts' presentation. No one else was present to speak for or against the variance. DISCUSSION Mr. Perry asked ifthis was really a 30 -foot variance, as the drawings seemed to indicate a need for only 24 feet. Mr. Watts explained that they were allowing for an overhang, as this extra measurement would count in the overall total. Mrs. Catlett asked if any attempts had been made at obtaining a property line adjustment. Mr. Watts replied that there was no interest among the neighbors in granting a property line adjustment. Mr. Rinker asked about the back edge of the property and if the house was located across the road, would the 200 -foot setback still apply. Mr. Lawrence replied that if a road was there, a 60 -front yard setback would occur. You would not be looking at the orchard, you would be looking at the roadway. Mrs. Catlett asked if any zoning changes had occurred to the Watts' property since they had owned it; staff replied that there had been none. Mr. Perry asked if the orchardists could still plant fruit trees in the future if they changed their minds; staff replied that would still be their option if they so desired. Mr. Perry moved that the variance be granted for 24 feet instead of 30 feet; Mr. Hamilton seconded the motion. Chairman Larrick explained to the applicant that they were not obligated to agree to the motion's amendment; however, the applicant did not object. The motion was approved by the following majority vote: AYES: Hamilton, Perry, Larrick NAYS: Catlett, Rinker BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve by majority vote Variance #04-01, as amended, of Blake and Rebecca Watts for a 24 -foot rear yard setback variance to enable an addition to a single-family residence. ACTION - APPROVED Frederick Co. Board of Zoning Appeals Minutes of April 17, 2001 2 Minutes Book Page 1108 PUBLIC HEARING Variance #05-01 of Stephen P. Scothorn for a 26 -foot front yard variance from road of right-of- way ight-ofway to construct a detached two -car garage. This property is located at 333 Songbird Lane and is identified with Property Identification Number 32-12-8 in the Gainesboro Magisterial District. ACTION - APPROVED Mr. Jeremy Camp, Planner 11, presented the background information of Mr. Scothom's request. Mr. Scothorn was denied a 41 -foot variance for a garage in a previous meeting. The current request is for a reduced variance of 26 feet, and he is prepared to cut down one oak tree and possibly one or two dogwoods. Mr. Perry asked about the cul-de-sac which has not been constructed but is shown on the plat. Mr. Camp replied that the cul-de-sac is deeded; therefore, it has to be included. Mr. Scothorn explained that he did considerable re -figuring to come up with the current proposal. He said that his new plan will require the removal of only a few trees and moving the well line, but he will still be able to keep the garage in a desirable location. Mrs. Catlett asked about moving the garage back to conform to the 60' setback; Mr. Scothorn replied that it would interfere with the roots of the large oak trees. He explained that the new placement will put the garage directly over the well line. Mr. Scothorn also added that he did not plan to use the garage as a business. Further discussion ensued regarding other possible locations for the garage. In addition, the Board examined the setback requirements in greater detail. DISCUSSION There was a brief discussion on the possibility of turning the garage around, and whether the deeded cul-de-sac could be "dissolved." There was no further discussion, and the Chairman called for a motion. Upon a motion made by Mr. Rinker and seconded by Mr. Hamilton, Variance #05-01 was unanimously approved as requested. THER BUSINESS Mr. Lawrence informed the Board that Mr. Hamilton's recent move to a new residence Frederick Co. Board of Zoning Appeals Minutes of April 17, 2001 Minutes Book Page 1109 has placed him into another Magisterial District. Discussion followed on whether it would be feasible, or even possible, to appoint an alternate. Mr. Lawrence told the Board that the County Administrator's office is aware of the situation and that Mr. Hamilton can still serve until the Circuit Court Judge appoints another member. The Chairman asked each member to be thinking of someone from his or her district that may be willing to serve as an alternate. As there was no further business before the Board, the meeting adjourned by unanimous consent at 4:10 p.m. Respectfully submitted, James Larrick, Jr., Chairman Carol I. Huff, Secretary Frederick Co. Board of Zoning Appeals Minutes of April 17, 2001 4 Minutes Book Page 1 l 10 BZA REVIEW DATE: 5115/01 APPLICATION #06-01 APPEAL OF DECISION BY THE ZONING ADMINISTRATOR TRI -COUNTY VIRGINIA OIC AND APPLE COUNTRY HEAD START LOCATION: The property is located at 444 Shady Elm Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 63 -A -59D PROPERTY ZONING & USE: Zoned: M1 (Light Industrial) District Land Use: Head Start Administrative Offices (offices only); previously used for vocational training and adult literacy classes prior to July 2000 ADJOINING PROPERTY ZONING & USE: Zoned: M1 (Light Industrial) District Land Use: Vacant; Valley BioMedical; Valley Industrial Plastics; Potomac Edison APPEAL: This is an appeal of the determination made by the office of the Zoning Administrator in the administration of the Zoning Ordinance, pursuant to Section 165-82D, concerning the operation of a Head Start Program in an M1 (Light Industrial) Zoning District. REASON FOR APPEAL: See attached explanation of basis for appeal STAFF COMMENTS: The subject property was a vocational and occupational training facility which provided courses and skills building for eligible persons who are in need of enhancing their career placement opportunities in the industrial and heavy commercial trades. However, due to a cut in funding, the training facilities no longer exist. Tri County OIC remains the owner of the property and the Head Start administrative offices are the tenants. The applicant requested a zoning determination regarding the creation of Head Start classroom facilities on the premises of Tri -County O.I.C. The Frederick County Zoning Ordinance establishes uses that are allowed in each District. If a use is not listed in the respective Zoning District, then the use is not allowed. Tri -County Virginia OIC Apple Country Head Start Page 2 May 9, 2001 One of the duties of the Zoning Administrator is to receive and respond to requests from the public that inquire as to whether or not a use is allowed in a certain Zoning District. The Frederick County Zoning Ordinance categorizes allowed uses throughout all Zoning Districts by the Standard Industrial Classification Manual (SIC). The SIC manual is used to promote the comparability of establishment data describing various facets of the U.S. economy. The SIC covers the entire field of economic activities and defines industries/business types in accordance with the composition and structure of the economy. Staffreceived a request dated February 21, 2001 from the applicant seeking the zoning determination in question. The determination response was that the Apple County Head Start was not an allowed use in the M1 (Industrial General) District (see attached letter to Mr. Ben Ellis dated March 12, 2001). This determination was based on the fact that the proposed Apple County Head Start is classified under SIC Major Group 983 Social Services, and Industry #8351- Child Day Care Services, Head Start Centers, except in conjunction with schools. This Industry Group is not listed under the allowed uses for the M1 District thus yielding the interpretation that the Apple County Head Start is not a permitted use for the M 1 District. The only type of school that is permitted in the M 1 District is one that the SIC classifies as Industry Group #824- Vocational Schools. Examples of allowed schools in the M 1 District are: Industry #8243 Data Processing Schools; Industry #8244 Business and Secretarial Schools; and Industry #8249 Vocational Schools, not elsewhere classified. No similar characteristics exist between Apple County Head Start and any of the uses listed under Vocational Schools which precludes the decision to grant the applicant's request. STAFF CONCLUSION FOR MAY 15,2001 MEETING: Affirmation of the actions made by the Zoning Administrator in determining that the proposed Apple Country Head Start is not an allowed use in the M1 Zoning District. Attachments: Excerpts from The National Head Start Association, and HEAD START: A Comprehensive Child Development Program for Children Birth to Age Five File: O:\Agenda \3ZA\Staff Report\APPEALS\Tri-County OIC.wpd .63 A 59D� 1� 65 'f'r rJ 04 -: APPM6-01 Location Map For: TRI - COUNTY VA OIC APPLE COUNTRY HEAD START PIN: 63 -A. - 59D Office of Mapping and GIS, 04/01, Agray About Nti6A littp://W-ww.nhsa,org/abouVindex.htm About NHSA The National Head Start Association A Brief History of the NHSA NHSA Staff Information National Head Start Association The National Head Start Association (NHSA) is a private not -for profit membership organization representing the 865,000 children, upwards of 180,000 staff and nearly 2,100 Head Start programs in America. It is governed by a 49 -member Board of Directors composed of a director, staff, parent and friend representative from each of the 12 federal regions and the immediate past Chairman of the Board. NHSA provides a national forum for the continued enhancement of Head Start services foi"poor -ehirttre_ri a e � ""^�-._..-.�rlw .'�..�n r/+rY. �. ,tom ugh5 and their familiest is the only nafro organization dedicated exclusively to the concerns of the Head Start community. Back --k to Tog A Brief History of the National Head Start Association Mirroring the history of the Head Start program itself, the National Head Start Association (NHSA) was formed quickly and on a tremendous scale. Like the federal program, the association rapidly became a national success, uniting the members of the Head Start community into a strong voice of Head Start advocacy. The idea The idea for a Head Start association was born in 1973 in Kansas City, Missouri, at a national conference for directors of community action agencies. A handful of Head Start program directors attending the conference discussed the need for a private, national association that could advocate specifically for the Head Start community in Congress. They were concerned by the Nixon administration's threat to eliminate community action agencies, which sponsored the majority of Head Start programs. Head Start directors unite During the remainder of 1973, the core group of directors from Kansas City met several times with other Head Start directors from across the country. Pooling their broad resources, they formed the National Directors Association -the 1 of 3 4/27/2001 10:24 AM FROM: http://www.hskids-tmsc.org/recruitment/cdp.htm HEAD START: A Comprehensive Child Development Program for Children Birth to Age Five HEAD START HELPS TO BUILD A FOUNDATION FOR CHILDREN'S SUCCESS Head Start is a comprehensive program designed to foster the healthy development of young children from low-income families. The program has grown from a brief, eight-week summer program for preschoolers in 1965 to a year-round program today,s g lu-`ldenfrom bi _ Tfo`-'age�ive anct pregnantwonfen. Head Start provides children from low-income families with daily nutritious meals andm n opportunities for social, emotional, and intellectual growth that can prepare them for success in school and in life. The program also connects children to a health care source and provides vital support services to their families.' HEAD START includes children with diverse backgrounds and needs. Each year, over 800,000 children from low-income families attend Head Start classrooms or receive Head Start services in their homes. They include infants and toddlers, children of migrant farm workers, and American Indian families, as well as children with disabilities. HEAD START draws on the support of local communities. Head Start programs are operated by over 1,400 community-based organizations. Grantees include school districts, universities, community health centers tribal governments, Alaska Native Corporation city and county governments, Community Action Agencies, and other profit and nonprofit organizations. The U.S. government provides 80% of Head Start program funding through the Department of Health and Human Services. The remaining 20% must come from community sources. This requirement helps to ensure that each Head Start program reflects the strengths, needs, concerns, and cultures of the local community. HEAD START has expanded to serve infants and toddlers. Early Head Start, a program for infants and toddlers, was initiated in response to the changing needs of low-income families and to research indicating how critical the period from birth to age three is to a child's healthy growth and development. Beginning in 1995, sixty-eight Early Head Start programs were funded to serve more than 5,000 pregnant women and families with children under age three. In subsequent years, Early Head Start has more than doubled in size and now serves families in all fifty states, the District of Columbia, and Puerto Rico. Head Start has set high standards. Head Start has established comprehensive standards for program design and operation and strictly enforces them with on-site monitoring to ensure that all Head Start children and their families receive the highest -quality service. The standards reflect the latest research on the best methods for working with young children and their families. The Head Start Program APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA RECEIVED APR 1 0 2001 DEPT- OF PI ANNINrmpuGi t)aAACAIT _ I LLvI lvlLl7l -4F�'ICE v a "MV. ^'S , at ,.� } v rro &. w a �x,a PPC App cation #` .° ,., a �,r� Sulnimal D eadline w uim'Datel,r{`_' Eartie meeting P `a^,.r 'ee .�..ya may..}•..% a st` % '� t a r �.� �1 ..� �r % a."`����� � M^'?n�."�` � "" 'y,'�" .�:. t r+ 5 1 1. The applicant is the owner X other . (Check one) 2. APPLICANT: Tri -County Virginia OCCUPANT: (if different) Opportunities Industrialization Centers, Inc. NAME: Apple Country. Head Start NAME: ADDRESS 444 Shady Elm Road ADDRESS: Winchester, Virginia 22602 TELEPHONE: 540-869-1558 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 444 Shady Elm Road, Winchester, Virginia 22602 From Winchester take Route 11 South to Apple Valley Road. Turn right on Apple Valley Road and go to Shady Elm Road. Turn left on Shady Elm Road to building at 444 Shady Elm Road. 4. Magisterial District: Back Creek 5. 14 -Digit Property Identification No.: 63000A0000059D N M 6. The existing zoning of the property is: M1 (Light Industrial) 7. The existing use of the property is: Head Start Administrative Offices; was also used for vocational training and adult literacy classes until July, 2000. 8. Adjoining Property: IIS (Winc.-Fred North Vacant Industrial East Valley BioMedical. SOuth Valley Industrial West Potomac Edison Co. Dev.) M1 M1 Plastics M1 M1 9. Describe the decision being appealed. (Attach a copy of the written decision.) The property in this appeal is zoned M1 and we do not question the zoning. However, we do feel there are extenuating circumstances in this situation and, that the intended use of the property is not significantly different from the way it has been used in the past. Head Start is not a private school. It is a federal preschool program for children from low income families that works in cooperation with local school divisions to provide comprehensive services for eligible children and families. The O.I.C. Building is already divided into classrooms and has been utilized to provide vocational training and adult literacy (GED) classes for a number of years. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) PLEASE SEE ATTACHED 11. Additional comments, if any: The increase in the Head Start budget enacted by Congress this year is the largest in the 35 year history of the program. The great majority of these runas are being usea to expand programs in ora es not currently being served. It is very unlikely similar budget increases e for ApDle Country Head Start to expand its program this year to serve the numerous eligible families and children in Frederick County not currently being served. It is veer un i e y Mat expansion tunas the near future. 1 10• Head Start is not a private preschool program as mentioned in the attached zoning determination letter from Mr. Davenport. It is a comprehensive child and family development program established and funded by the United States Congress in 1965. The Head Start program is designed to meet the needs of low-income families with pre- school children. Since its founding Head Start has provided comprehensive child development and family support services to more that 18 million low-income preschool children and their families. Educational activities are a large part of Head Start but the physical, emotional, and social development of eligible children all receive equal emphasis in the Head Start program. The short and long term effects of providing at -risk preschool children with quality, comprehensive early childhood services are well documented in the research literature. Research has unequivocally demonstrated that Head Start makes immediate positive differences in the lives of children and families. Head Start children are better prepared to learn and have high self-esteem and social behavior at school entry. They continue to show positive school achievement and motivation well past third grade, as measured by lower grade retention, reduced enrollment in special education, fewer cases of delinquency, and positive benefits in health, motor development, nutrition, and dental care. There is no doubt that Head Start is fulfilling its primary goal of preparing children for school cognitively, socio - psychologically, and ensuring they are healthy. Additionally, research clearly shows that Head Start provides jobs. Head Start programs across the country employed more than 60,000 Head Start parents in 1999. Apple Country Head Start has traditionally hired parents of Head Start children to fill positions for which they might be eligible. We also pay tuition costs for college courses taken by employees and are pleased that several of the parents who are Head Start employees have advanced to positions of increased responsibility in the program. Apple Country Head Start is funded by an on-going grant from the Department of Health and Human Services to provide Head Start services to children and families in Clarke County, Frederick County, and Winchester. Our current grant is for a total of $784,259. The Department of Health and Human Services funds $627,407 of this grant and our program is required to generate at least 20% of the total grant or $156,852. The local share of the grant is usually funded in the form of in-kind services from the local school divisions as well as from local companies, agencies, organizations, and individuals. Apple Country Head Start is currently funded for a total enrollment of 126. We are serving a total of 18 children and families in Clarke County, 54 children and families in Frederick County, and 54 children and families in Winchester. The Head Start budget for FY 2001, which was passed by Congress and signed into law by the President, represented the largest funding increase in the program's 35 year history. The Head Start Bureau has mandated that a significant amount of the increase is to be used to expand enrollment in Head Start programs. It is anticipated that an additional 49,300 children will be enrolled in Head Start nationally as a result of the budget increase. Apple Country Head Start has already been allocated fur,dir_g to expand by one additional class (18 children) and has been urged by the Head Start Regional Office to request funding for two additional new classes based upon the needs of the community and the number of income eligible families residing in Frederick County. Apple Country Head Start has three classes in Frederick County all of which are housed at the old Stephens City School. Frederick County Public Schools provide that building to our program on an in-kind basis. The school division also assists with transportation for Head Start children on an in-kind basis. Families of children enrolled in Head Start must meet income eligibility guidelines. By law, the lowest income families are the highest priority for enrollment in Head Start. However, because of transportation and facility limitations there are several geographical areas of Frederick County that are not served by our program regardless of the income levels of families in these areas. To serve these areas would require children aged 3-5 to be on buses for 2-3 hours per day and that is not feasible. In early March of this year we received a report from the Virginia Department of Social Services indicating there are 126 children currently residing in Frederick County who meet the income eligibility guidelines for Head Start but who are not enrolled in the Head Start program. There is clearly a need for expanding Head Start enrollment in Frederick County. Apple Country Head Start works in close cooperation with Frederick County Public Schools in preparing children and families for a successful school experience. Frederick County Public Schools does not have a program for 4 -year-old children so Apple Country Head Start is essentially the preschool program for the school division. We are also serving those children who would be most at risk of having problems when they enter kindergarten. In addition, Head Start programs are required by law to have at least 10% of their enrollment be children having disabilities of one type or another. The school division stands strongly in support of the expansion of Head Start in Frederick County. In order to expand the Apple Country Head Start program the first need that must be addressed is classroom space. Ideally we would like to be able to utilize space in Frederick County Public School buildings but none is available. We have looked into various other options but there is a real lack of classroom space in any form available in Frederick County. In order to utilize space for classrooms for Head Start purposes facilities must meet the requirements of local building codes and the Virginia Department of Social Services licensing requirements for child care centers. These requirements limit the facilities that might be available for additional Head Start classes in Frederick County. Tri -County Virginia O.I.C. is the grantee for Apple Country Head Start and owns the facility at 444 Shady Elm Road. Tri -County Virginia has used this facility to provide vocational training and adult literacy programs for the residents of Frederick County for many years. These training programs stopped as of July 1, 2000, because of changes in the Work Force Investment Act. The building is currently only being used to house the Apple Country Head Start administrative offices. Because of the geographic location of this building and because it is already divided into classroom spaces, it provides an ideal location and arrangement for housing new Head Start classrooms that can be opened as a result of this year's expansion funding. The building has been inspected by The Frederick County Inspection Department and complies with the Virginia Statewide Building Code, The Use Group of the building is E (Educational) so the Use Group would not have to be changed in order for the building to be used for Head Start classes. We have also had a licensing inspector from the Virginia Department of Social Services Verona Licensing Office inspect the building. It meets their requirements for child care centers and would not require renovation. The Head Start Bureau does not anticipate that significant additional expansion funds will be available in the near future, as was the case this year. Limited expansion funds have been available in the past on a competitive basis. This year the expansion funds are available on a non-competitive basis. If Apple Country Head Start is going to expand to meet the increasing number of eligible children in Frederick County it must be done this year. In order to expand, the first requirement is that there must be classroom space available for new classrooms. There are an increasing number of children and families in Frederick County who are eligible for Head Start services and, given the current economic situation in the country, it is very likely this number will continue to grow. This expansion certainly has the potential to have a significant positive impact on the children, families, and public schools of Frederick County at no cost to either the taxpayers or the school division. The additional federal funding is available this year to cover all expansion costs, including personnel and transportation, if we are able to provide a facility to house the new classrooms. Therefore we respectfully request approval for the O.I.C. Building at 444 Shady Elm Road to be used for 1-3 new Head Start classrooms. APR.-07'01(SAT) 09:43 VERONA.LICENSING , TEL 540 249 9334 NORTHERN REGION-VERONA OFFICE v DIVISION OF LICENSING 4001 LEE .HIGHWAY P O. BOX 350 VERONA. VIRGINIA 24482 COMMONWEALTH of VIRGINIA DEPARTMENT OF SOCIAL -SERVICES April 7, 2001 Dr. Ben Ellis Apple Country Head Start 444 Shady Elm Road VUinefx:ster, vire nia 22602 Dear Dr. Ellis: This will cnnfrrm the April 6, 2001 review with you of the Triple County. Virginia OIC building considering for a child day care center. are As you already know the building must meet applicable fire, health, building and zoning regulations. These appropriate officials should continue to be consulted in the development of your plans for the Center. As we reviewed the building and several of the rooms that you intend to use for child care/ head tart program there were only a few minor issues, nothing of which wouldappea{ to keep you from obtaining a Virginia Social Services license for this potential program. You were already aware of those isst es and had a plan for appropriate provision or compliance with our Minimum Standards for licensure. As you near an opening for the program you intend to Pence an outdoor playground space with age and developmentally appropriate equipment for children in care, expected to be fewer than 60 children. It will not be possible to determine actual capacity of rooms to be used for children until the appl cation is received and space/rooms to be used is then actually measured. Ultimate licensure by our depam,nent for this planned facility will be based on the inspection and the Licensing Inspector's review of the f, Icility as well as the ability to meet licensing standards. 1 hope this information will be helpful as you proceed with plans for the center. If I can be of assistance as this project develops, please do not hesitate to call me. Arrapi�licarion should be approximately 60 days prior to the projected opening date for the program. Sincerely, c Pat Grizzel Licensing Inspector An Equal Opportunity Agency- P. 002 �sse� PEOPLE NELONW rWru A 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the 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 complete 14 -digit property identification number.) NAME Winchester -Frederick County Industrial Development Address 1360 S. Pleasant Valley Rd. Winc., Va. 22601 Property ID # 63000A0000060B Valley BioMedical Address 121 Industrial Dr. Winc., Va. 22602 Property ID # 63000600000002 Valley Industrial Plastics Address110 Industrial Dr. Winc.,Va. 22602 Property ID # 63000700000001 Potomac Edison Co. Address10435 Downsville Pike Hagerstown, Md. 21740 Property ID # 63000A0000059E Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID 9 i AGREEMENT APPEAL # 09-0 I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretationof the County Zoning Ordinance as described herein. I agree to comply with any conditions 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 hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT ��. DATE `� - 9 - o / Director, Apple Country Held start SIGNATURE OF OWNER DATE - - (if other than applicant) chairman O.I.C. Board of Directors -OFFICE USE ONLY- BZA NLY BZA PUBLIC HEARING OF ACTION: P. DA17E. LDAPPEAL OVERRULED LjAPPEAL SUSTAINED i Fil-r Pl4IGiMPPuL i t s3 7 S ' 1 SIGNED: BZA CE[AIRMAN DATE: ICK CO VIRGINIA UNTY CERTIFICATE OF USE & OCCUPANCY I HEREBY CERTIFY THAT THE STRUCTURE LOCATED AT Route 651 Permit No. 15942 Tri -County Virginia OIC Training Center NH -8 HAS BEEN INSPECTED AND COMPLIES WITH THE REQUIRE- MENTS OF THE VIRGINIA UNIFORM STATEWIDE BUILDING CODE. USE GROUP E FIRE GRADING it hours MAX. LIVE LOAD 100 PSF OCC. LOAD depends on area use as SPECIAL GOND. NAl,L _6- ® GOES 462.3/2 scribed in 1984 BGPA U Building Offi ial , LITHO IN U.S.A. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 March 12, 2001 Ben G. Ellis, Director Tri -County Virginia O.I.C. Apple Country Head Start 444 Shady Elm Road Winchester, Virginia 22602 RE: Zoning Determination - 444 Shady Elm Road; Property Identification Number (PIN): 63 -A -59D Zoning District: M1 (Light Industrial) Dear Mr. Ellis: This letter is in response to your correspondence dated February 21, 2001, to the Frederick County Zoning Administrator, regarding a zoning determination on the above -referenced property. In your correspondence, You make reference to using the building on the above -referenced property for Head Start classes for 15-18 children, ages three to five. Research of County records show the property to be currently zoned M 1(Light Industrial) under the Frederick Zoning Ordinance. The proposed use of this property for a private school is not an allowed use in the M1 Zoning District. Under the Frederick County Zoning Ordinance, the only zoning districts in which private schools may operate are districts with a residential component or uses. These zoning districts are RA (Rural Areas), RP (Residential Performance), and R5 (Residential Recreation Community). You may have the right to appeal this determination within thirty (30) days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XX, Section 165- 144A(1) of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an atrgrieved party, any other information you may want to submit, and a 8250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Please do not hesitate to contact me regarding any questions or concerns you may have, at (540) 665-5651. Sincerely, "d' r.jcv'v'e7�et� Patrick Davenport Zoning Administrator MRC/rsalu:haark/Det OIC.WPD 107 North Kent Street • Winchester, Virginia 22601-5000