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BZA 08-19-03 Meeting AgendaU, ► FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia 3:25 p.m. 1) Determination of a Quorum 2) Minutes of July 15, 2003 August 19, 2003 CALL TO ORDER PUBLIC HEARING 3) Appeal Application #06-03, submitted by William Larry Ramey and Elizabeth Ramey, to appeal a violation of the Zoning Ordinance, § 165-50, Permitted Uses in the RA (Rural Areas) Zoning District, concerning an automobile graveyard, salvage yard, and truck sale business. This property is located at: from Route 277 south on Town Run Lane, approximately one mile (at end of hard surface), and is identified with Property Identification Numbers 85-A-70, and 85 -A -137B through 137E in the Opequon Magisterial District. (This item was tabled from the Board's July 15, 2003 meeting.) 4) Appeal Application #07-03, submitted by Ron Cline and Beverly Clem, to appeal a violation of the Zoning Ordinance, § 165-47 and § 165-50, Permitted Uses in the RA (Rural Areas) Zoning District, concerning a junkyard, salvage yard, and car repair/sales business. This property is located at: on Route 817, and identified with Property Identification Number 40-A-135 in the Back Creek Magisterial District. (This item was tabled from the Board's July 15, 2003 meeting.) 5) Appeal Application #09-03 of Sovereign Homes, submitted by Bowman Consulting Group, Ltd. to appeal the decision of the Zoning Administrator concerning a land use determination regarding residential separation buffers. This property is located on North Frederick Pike (Route 522), southbound lane, approximately 450 feet south of Oakside Lane, and is identified with Property Identification Number 53-A-53 in the Stonewall Magisterial District. 6) Other FILE COPY 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. Virainia. on Julv 15. 2003. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Theresa Catlett, Vice Chairman, Opequon District; Thomas Malcolm, Shawnee District; Dudley Rinker, Back Creek District; Robert Perry, Stonewall District. ABSENT: Lennie Mather, Red Bud District; Robert W. Wells, Member -At -Large STAFF PRESENT: Patrick T. Davenport, Zoning and Subdivision Administrator; Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. Chairman Larrick determined that there was a quorum for the meeting to proceed. JUNE 17, 2003 MINUTES: On a motion by Mr. Perry and seconded by Mr. Malcolm, the minutes for the June 17, 2003 meeting were approved as presented. Chairman Larrick asked Mr. Davenport the cut-off date for next month's meeting. Mr. Davenport responded that this Friday, July 18th, is the cut-off date, and further, that the meeting date is August 19, 2003. Chairman Larrick asked if there was anything new for that meeting and Mr. Davenport stated that as of this date, there were no new applications. Chairman Larrick announced for those present, there are three matters on the Agenda. Chairman Larrick stated that he personally has a conflict of interest with the first matter and he subsequently left the room before any discussion, turning the meeting over to Teresa Catlett, Vice Chairman. PUBLIC HEARING Appeal Application #06-03 of William Larry Ramey and Elizabeth Ramey to appeal a violation of the Zoning Ordinance, §165-50, Permitted Uses in the RA (Rural Areas) Zoning District, concerning an automobile graveyard, salvage yard, and truck sale business. This property is located from 277 south on Town Run Lane approximately one mile (at end of hard surface). The subject property is identified with Property Identification Numbers 85-A-70 and 85 -A - 137B through 137E in the Opequon Magisterial District. Frederick Co. Board of Zoning Appeals Minutes of July 15, 2003 Minutes Book Page l 183 ACTION -TABLED Vice Chairman Catlett asked if anyone was present to speak on behalf of the applicants. Steve Butler, Esquire, approached the podium and explained that James Drown, Esquire, who is the Ramey's attorney for this matter, is on vacation. Mr. Drown had sent Mr. Davenport a letter requesting that this item be tabled until the next BZA meeting on August 19, 2003. Mr. Butler asked that this item be tabled until August 19, 2003. DISCUSSION: Vice Chairman Catlett asked the Board if there was a problem in not hearing any of the information today, so that it will not be repeated at the next meeting. Mr. Malcolm stated that the Board should wait until the next meeting and possibly the full Board may be present then. Mr. Rinker made a motion that this item be tabled until the August 19, 2003 meeting; Mr. Malcolm seconded the motion, which passed by unanimous vote. BE IT RESOLVED, THEREFORE, That Appeal Application #06-03 of William Larry Ramey and Elizabeth Ramey was unanimously tabled until the August 19, 2003 meeting of the Board of Zoning Appeals. Chairman Larrick returned to the Board Room and resumed chairing the meeting. He stated there is another application today that the applicant has requested be tabled; namely, Variance Request 908-03 of Hazel Lambert. The meeting proceeded at this point with this particular matter, out of sequence, in order to maintain continuity within the meeting process. Variance Request #08-03, submitted by Hazel Lambert for the elimination of the fifty (50) foot zoning district buffer along the entire West property line for a commercial facility. This property is located at the Southwestern corner of the intersection of Route 657 (Senseny Road) and Route 656 (Greenwood Road), and identified with Property Identification Numbers 65-A- 7-8 and 65-A-7-9, in the Shawnee Magisterial District. ACTION - TABLED Chairman Larrick asked if anyone was present representing the petitioner on this request. Mark Smith with Greenway Engineering approached the podium and requested that this item be tabled until the August 19, 2003 meeting. Mr. Smith proceeded with background on the reasons for requesting this matter be tabled. Mr. Smith stated that approximately one year ago the Lambert rezoning happened at Greenwood and Senseny Road in which a B2 zoning was requested. Greenway Engineering worked with the neighbors at that time to try to proffer out as many items as possible. One proffer was in place that is in relation to why they are here today, and that is a variance on the buffering distances which would be replaced by a masonry wall. The Planning Commission and the Frederick Co. Board of Zoning Appeals Minutes of July 15, 2003 Minutes Book Page 1184 Board of Supervisors both approved the rezoning and they were aware of that proffer; however, under State law they could not grant the variance because it is a BZA issue. One particular user desires to build a car -wash on the B2 corner. Mr. Smith said that Greenway Engineering makes it a policy to try to work with the neighborhoods to try to keep everybody informed. When Greenway started with this applicant, they went through the issue of the lay -out of the corner, and if they were going to seek the variance and utilize the property to its fullest extent, they should prepare enough information as far as architectural details and aesthetics on the building. An architect was engaged by the client to pursue some renderings and to look again at the masonry wall originally proffered. Mr. Smith stated that the reason they are requesting this be tabled today is that at a neighborhood meeting in preparation for this meeting, Greenway met with opposition to the construction of a car -wash. Greenway is going to try to pursue the car -wash, in an aesthetic fashion that, hopefully, will be amenable to the neighborhood. Greenway will set up another neighborhood meeting. The downside is that if they are not successful in the variance, a car -wash can be built there; however, that is not the desire of the applicant because he would like the additional space to do what he needs to do architecturally. Chairman Larrick stated that there is a second matter and this is simply the fact that the Board does not have two of the seven members present. He stated that normally, if there is not a full Board present, there is a rule that there must be at least four "yes" votes in order for the Board to grant a variance. Chairman Larrick feels that when two members are absent, the odds are lower that the variance will be granted, and the Board gives the applicant the opportunity to voluntarily request the matter be tabled so that the applicant may come before a full Board. Mr. Smith stated this was all right because they hoped to come to an agreement with the residents and come back to next month's meeting more united. Mr. Malcolm made a motion that this matter be tabled until the August 19, 2003 meeting; Mr. Perry seconded the motion, which passed by unanimous vote. BE IT RESOLVED, THEREFORE, That Appeal Application #08-03 of Hazel Lambert was unanimously tabled until the August 19, 2003 meeting of the Board of Zoning Appeals. Appeal Application #07-03, submitted by Ron Cline and Beverly Clem to appeal a violation of the Zoning Ordinance, §165-50, Permitted Uses in the RA (Rural Areas) Zoning District, concerning a junkyard, salvage yard, and car repair/sales business. This property is located on Route 817, and is identified with Property Identification Number 40-A-135 in the Back Creek Magisterial District. ACTION -TABLED Mr. Davenport presented the background information, stating that the subj ect property is located off Route 50 west on Route 817, with a specific address of 314 Magic Mountain Road in the Back Creek Magisterial District. In response to a complaint, Planning Staff inspected the subject Frederick Co. Board of Zoning Appeals Minutes of July 15, 2003 Minutes Book Page 1185 property on April 25, 2002. An inspection of that site revealed the presence of an automobile graveyard. Staff's subsequent research of County records in the form of certificates of zoning compliance by the Department of Motor Vehicles and business licenses approved by County staff did not reveal that this property was approved to operate a junkyard, a salvage yard or automobile sales business. Subsequently, a notice of violation was sent to the property owners on April 28', citing violations of Sections 165-50 and 165-47 for junk, debris and tires on the site. Section 165-50 lists the uses that are permitted in the Rural Area Zoning District, of which automobile sales, graveyards and salvage or rebuild businesses are not listed as permitted uses. Section 165-47 states that landfills, junkyards, automobile graveyards, dumping and trash heaps are only permitted where specifically allowed in the zoning ordinance. In determining that the applicant was in violation of Section 165- 50, Staff researched County aerial photography dating from 1969 through 2001 and also other County records. Mr. Davenport pointed to the displays provided by Staff showing various aerial photographs through several periods in time. Staff could not find a consistent continuation of an automobile graveyard. Mr. Davenport directed the Board's attention to the Exhibits provided by Staff showing the October 1969, 1970, 1981, 1988 and March 2000 aerial photographs. The first zoning ordinance was adopted in Frederick County in March 1967. The subject property was zoned Al, which was Agriculture Limited, until the re-classification of Al into the Rural Area Zoning District. The Al District never allowed auto sales, auto graveyards or salvage re -builder businesses. Mr. Cline did submit some material to Staff to attempt to prove that the uses on this property are legally non- conforming, what we call "grandfathered"; however, Staff contends that this evidence does not prove that the automobile graveyard or salvage yard existed continuously, which is Staff s key determination, as of October 1969; it is not evident in the aerial photography. The applicant also did not present evidence from the Department of Motor Vehicles or the Motor Vehicle Dealer Board for zoning compliance or zoning certifications for automobile sales or the salvage operations. Section 149 of the zoning ordinance pertains to the discontinuance of legally non -conforming uses and it states that if any legally non -forming use is discontinued for a period exceeding one year after the enactment of this chapter, such uses will then become illegal, non -conforming. Staff contends that this automobile graveyard or salvage yard was not established with proper zoning approval and there is insufficient evidence to prove that the property has been in continual use as a junkyard, salvage yard or automobile sales operation and, therefore, should not be allowed. Staff is requesting affirmation of the Zoning Administrator's determination that the subject property is in violation of Section 165-50 of the Frederick County Zoning Ordinance. Chairman Larrick asked Mr. Davenport if he was contending the property is in violation of Section 165-47. Mr. Davenport responded affirmatively and that Staff is seeking the determination that 165-47 is a violation also. Mr. Rinker asked Mr. Davenport if the salvage yard could be transferred from one owner to another owner and still be considered continuous. Mr. Davenport stated that the property could be conveyed with permitted uses. Mr. Rinker asked if the "grandfather" option passes with the land and Mr. Davenport stated it does. Chairman Larrick requested the applicants come forward. Chairman Larrick reiterated that today we only have five members of the Board present instead of the normal seven members. In order for the Board to grant approval, there must be four affirmative votes. In line with what Chairman Larrick stated during the last application, he gave the applicants the option to have their Frederick Co. Board of Zoning Appeals Minutes of July 15, 2003 Minutes Book Page 1196 application tabled because there is not a full Board, or the applicants may go forward. Mr. Cline stated they would like to table their Appeal application until the next meeting. Chairman Larrick asked if there were any Board members who knew they would not oe attending next moil li s meeting. None of the Board inernbei s indicated they would be absent for next month's meeting. Mr. Rinker made a motion to approve Mr. Cline's request to table this application, Mr. Perry seconded the motion; and it passed unanimously. OTHER BUSINESS: There was no other new business; therefore, the meeting adjourned at 3:55 p.m. by unanimous consent. Respectfully submitted, James Larrick, Jr., Chairman Bev Dellinger, Secretary Frederick Co. Board of Zoning Appeals Minutes of July 15, 2003 Minutes Book Page 1187 APPEAL APPLICATION #06-03 WILLIAM LARRY RAMEY and ELIZABETH RAMEY (B & B TRUCK SALES) Staff Report for the Board of Zoning Appeals Prepared: July 22, 2003 Staff Contact: Patrick Davenport This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: August 19, 2003 - Action: Pending July 15, 2003 - Action: Tabled LOCATION: The property containing the automobile graveyard is located off of Route 277 (Fairfax Pike), on Town Run Lane (at the end of the hard surface road). The sales and repair is located off of Town Run Lane on Peace and Plenty Lane. MAGISTERIAL DISTRICT: PROPERTY ID NUMBERS: PROPERTY ZONING & USE: Opequon 85-A-70, 85 -A -137B, 137C, 137D, 137E Zone: RA (Rural Areas) District Use: automobile graveyard and truck sales and repair ADJOINING PROPERTY ZONING & USE: Zone: RA (Rural Areas) District RP (Residential Performance) District Land Uses: Agricultural and Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance concerning Zoning Ordinance violations of permitted uses allowed in the RA zoning district. REASON FOR APPEAL: In 1978 the Frederick County Department of Planning and Development prosecuted Mr. Ramey for operating an illegal automobile graveyard, Mr. Ramey was found not guilty by the courts. The applicant contends that the automobile graveyard and the truck sales business are both legally non -conforming uses. STAFF COMMENTS: In response to a complaint, Planning Department staff inspected the properties on April 4, 2003. Inspection of the sites revealed the presence of a truck sales business and an automobile graveyard. Research of County records indicated that Mr. William Larry Ramey was cited for operating an illegal automobile graveyard in 1978 by the Frederick County Department of Planning and Development, this violation was resolved by the Frederick County Circuit Court. Subsequent information from that case showed that Mr. Ramey was given a letter from the Planning Department which stated that Mr. Ramey was allowed to have a maximum of 66 inoperable vehicles on the property identified as 85-A-70. No action was taken regarding the truck sales business. The Planning Department contends that B & B Truck Sales is operating as an illegal business and that Mr. Ramey's automobile graveyard has exceeded far beyond 66 vehicles. Subsequently, a notice of violation was sent to Mr. William Larry Ramey and Mrs. Elizabeth Ramey on April 29, 2003, citing violations of Sections 165-50 of the Frederick County Zoning Ordinance, for uses that are not permitted in the RA Zoning District. Automobile sales, automobile graveyards, and salvage rebuild businesses are not listed as permitted uses. In determining that the applicant was in violation of Section 165-50 of the Zoning Ordinance, Planning Department staff researched County aerial photography dating from 1970 through 2001 and other County records. Research of the 1970 photograph indicated that there was no automobile display located on the referenced properties and no visible presence of an automobile graveyard. As referenced in #10 on the appeal application, the applicant states that, "The Rameys believe and allege that the automobile graveyard/track resale business [is a] non -conforming use [and has] been grandfathered". Research of the 2000 aerial photograph showed that Mr. Ramey had expanded his automobile graveyard extensively. Research of the Planning Department records indicate an absence of zoning approval granted for automobile sales and salvage operations. Mr. Ramey submitted evidence of Motor Vehicle Board license copies but no Certificates of Zoning Compliance were included with the appeal application. Mr. Ramey did not submit any copies of Certificates of Zoning Compliance by the Department of Motor Vehicles for salvage operations. In a conversation with Mr. Ramey at his property on May 27, 2003 Mr. Ramey stated that he has been licensed to sell vehicles since 1975. The first Zoning Ordinance was adopted in Frederick County in March 1967. The subject property was zoned A2 (Agricultural General) from that date until the reclassification of the A2 Zoning District into the current RA (Rural Areas) Zoning District. The A2 zoning district did not allow auto sales or auto graveyards. Automobile sales were restricted to the B2 (Business General) Zoning District as of the March 1967 Zoning Ordinance; therefore, an automobile sales business starting in 1975 in the RA/A2 Zoning Districts would have been illegal. The aerial photography research conducted by Planning Department staff indicates that the automobile sales were established between 1970 and 1981, after the adoption of the Frederick County Zoning Ordinance. STAFF CONCLUSION FOR AUGUST 19, 2003 MEETING: Staff is requesting affirmation of the Zoning Administrator's determination that the subject property is in violation of Section 165-50 of the Frederick County Zoning Ordinance, that the automobile sales business is not allowed on this property; and, that Mr. Ramey has illegally expanded his automobile graveyard. 7 MOM mo ■MINIM■■■ o +® r r w • w � ¢Z go 18�, oZ a ¢ s • \\ w m N _ W ¢ Z Q Q LU J � ' ¢ a 4 U R N H 44 W 0 W + 4 LO M OD H NA �}y Rj r '�+gjE. ' ., � eYY���k �rt� ,� � �q �.� S�Yti� -7, ��'�-�1- ,.• �� A�4+ .. K&ZA '��,.'�s-scL`"'yyr �6` f� '� �n�.k.N.. `�i�� a`•" °` fk L's�, :7 � s _ Y :. gj IN t t WO Mr lit ��2, APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner X other . (Check one) 2. APPLICANT: William Larry Ramey OCCUPANT: (if different) Elizabeth Ramey NAME: NAME: ADDRESS 824 Peace and Plenty Lane ADDRESS: Stephens City, VA 22655 TELEPHONE: 869-3687 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): From Route 277 south on Town Run Lane approximately one mile (at end of 4. Magisterial District: Opequon 5. 14 -Digit Property Identification No.: 85 A 70, 85 A 1376, 137C, 137D and 137E FOR QUESTIONS 6 THROUGH 8 SEE ATTACHED 6. The existing zoning of the property is: 7. The existing use of the property is: 8. Adjoining property: USE ZONING North East South West 9. Describe the decision being appealed. (Attach a copy of the written decision.) On April 29, 2003, the Department of Planning and Development determined that Mr. and Mrs. William Ramey were operating an auto graveyard and auto calec hiicinece natt esta}hliched with proper- zoning approval. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) In 1978 the Department of Planning and Development. by Dorothea L. Stefan, Zoning Administrator, recognized that as of 1967, prior to the adoption Ramey— property. Further, in 1978, Mr. Ramey was prosecuted for operating an automobile graveyard in violation of zoning ordinances. He was found not rniilty by the Frarlarirk rniinty r irrnit iniirt The Ramavt bellPVA and allege that the automobile graveyard/truck resale business non-eonforming use has beenr. ndfathered. 11. Additional comments, if any: See attached exhibits. APPLICATION FOR APPEAL OF DEPARTMENT OF PLANNING AND DEVELOPMENT DECISION DATED APRIL 29, 2003 QUESTIONS 6 AND 7 The five. properties are owned by William Larry Ramey and Elizabeth Ramey, as follows: a. Tax Map No. 85 A 70, now consisting of 68.11 acres, originally 18 acres located in the Opequon Magisterial District, Frederick County, Virginia, originally acquired by deed from Samuel D. and Bessie O'Neal, in Deed Book 288, Page 99. The existing use of the property is agricultural/undeveloped and is zoned RA. b. Tax Map No. 85 A 13713, consisting of .46 acres located in the Opequon Magisterial District, Frederick County, Virginia, acquired by deed from Helen Louise and C. J. Simon, in Deed Book 509, Page 765. The existing use of the property is single family residential and is zoned RA. C. Tax Map No. 85 A 137C, consisting of .46 acres located in the Opequon Magisterial District, Frederick County, Virginia, acquired by deed from Shirley Faye and Charles S. Darr, in Deed Book 420, Page 474. The existing use of the property is single family residential and is zoned RA. d. Tax Map No. 85 A 137D, consisting of 12 acres located in the Opequon Magisterial District, Frederick County, Virginia, acquired by deed from Henry and Bessie M. Hartley, in Deed Book 389, Page 247. The existing use of the property is single family residential and is zoned RA. e. Tax Map No. 85 A 137E, consisting of 1.61 acres located in the Opequon Magisterial District, Frederick County, Virginia, acquired by deed from Bessie M. Hartley, et al, in Deed Book 493, Page 563. The existing use of the property is single family residential and is zoned RA. QUESTION 8. Adjoining Properties (to those listed above). Tax ID No. Use Zoning North 85 A 138 Agricultural RP North 85 A 137 Single Fam. Res. RA North 85 A 134 Single Fam. Res. RA North 85 A 137A Single Fam. Res. RA North 85 A 136 Single Fam. Res. RA North 85 A 135 Single Fam. Res. RA East 85 A 131 Agricultural RA East 85 A 133 Agricultural RA South 85 A 72 Single Fam. Res. RA South 85 A 71 Single Fam. Res. RA South 85 A 2A 20 Single Fam. Res. RP South 85 A 2A 21 Single Fam. Res. RP South 85 A 2A 22 Single Fam. Res. RP South 85 A 2A 23 Single Fam. Res. RP South 85 A 2A 24 Single Fam. Res. RP West I-81 (Commonwealth of Virginia) 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.) �� SEE ATTACHED E HI�1- NAME X'6 Address 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 # Address Property ID # Address Property ID # QUESTION 12. Tax Map No. dame 85 A 138 Arcadia Development Co. P.O. Box 5368 San Jose, CA 95150 85 A 137 Joyce Meyers 625 Town Run lane Stephens City, VA 22655 85 A 134 Jerry L. and Belinda See 307 Buckingham Drive Stephens City, VA 22655 85 A 131 Ritenour Farm, L.P. c/o Mary Ritenour 514 Peace and Plenty Drive Stephens City, VA 22655 85 A 137 and Philip Ginn 85 A 136 762 Peace and Plenty Drive Stephens city, VA 22655 85 A 135 Thaddeus J. Traca 740 Peace and Plenty Drive Stephens City, VA 22655 85 A 133 Ralph Guard c/o Betty G. Jenkins 734 Kline's Mill Road Middletown, VA 22645 85 A 75 Emma H. Conner 529 Salem Church Road Stephens City, VA 22655 85 A 72 Emily O. Comer 301 Salem Church Road Stephens City, VA 22655 75 A 71 Ismet F. and Beverly K. Nuri 273 Salem Church Road Stephens City, VA 22655 85 A 70 William 1'.. and Deborah Psi. Ramey, Jr. 1199 Canterburg Road Stephens City, VA 22655 85 A —2A 20 Lucille V. and William A. Boyd 129 Wood Avenue Winchester, VA 22601 85 A 2 A 21 and Belva Guard 85 A 2 A 22 and 291 Salem Church Road 85 A 2 A 23 and Stephens City, VA 22655 85A2A24 Commonwealth of Virginia Richmond, VA AGREEMENT APPEAL # I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of 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 . ' 2O DATE SIGNATURE OF OWNER (if other than applicant) DATE _-! -OFFICE USE ONLY - ;71151 C _3 BZA PUBLIC HEARING OF, ` ACTION: ` - DATE - APPEAL OVERRULED �jAPPEAL SUSTAINED SIGNED: BZA CHAIRMAN DATE: File: K1WP\CM"PLICAPAPPEAL Rev. 1/97 July 16, 2003 James A. Drown, Esquire Larrick, Larrick and Drown, P.C. PO Box 444 Winchester, VA 22604 e FILE a -y COUNTY of FREDERICK Department of Planning and Development S40/665-5651 FAX: 540/665-6395 RE: APPEAL #06-03 OF WILLIAM LARRY RAMEY AND ELIZABETH RAMEY Dear Mr. Drown: This letter is to confirm that the above -referenced application was tabled by the Board of Zoning Appeals at their meeting on July 15, 2003. This Appeal Application will be heard by the Board of Zoning Appeals at its meeting on August 19, 2003. This property is located on Route 277 south on Town Run Lane approximately one mile (at the end of the hard surface), and is identified with Property Identification Numbers 85-A-70, 85 -A -137B, 85 -A -137C, 85 -A -137D, and 85 -A -137E in the Opequon Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Patrick T. Davenport, C.Z.A. Zoning and Subdivision Administrator PTD/bad cc: Mr. and Mrs. William L. Ramey, 824 Peace and Plenty Lane, Stephens City, VA 22655 O:\Agendas\BZA\APPR_DEN.LTR\2003_2004\Ramey tabling.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 LARRICK, LARRICK AND DROWN, P.C. Attorney's and Counselors At Law J. RANDOLPH LARRICK 25 East Boscawen Street Telephone: (540) 662-0321 JAMES R. LARRICK, JR. Winchester, Virginia 22601 FAX: (540) 667-2167 JAMES A. DROWN Mailing address: P.O. Box 444 Winchester, Virginia 22604 July 3, 2003 Patrick T. Davenport, C.Z.A. Subdivision and Zoning Administrator County of Frederick Department of Planning and Development 9 Court Square Winchester, Virginia 22601 Re: William and Elizabeth Ramey Dear Ms. Davenport: As per our conversation, it is my understanding that Mr. and Mrs. Ramey's appeal is scheduled to be heard before the Board of Zoning Appeals on July 15, 2003, at 3:25 p.m. As I indicated to you, I will be out of the state at that date and time and will be unable to attend the hearing. I would, therefore, request that Mr. and Mrs. Ramey's hearing be tabled until the next Board of Zoning Appeals hearing date of August 19, 2003, at 3:25 p.m. Steven Butler, Esq., will be appearing on July 15th to make the formal request to the Board. Very truly yours, 9 -t -- James A. Drown JD/vb cc: Mr. and Mrs. Ramey Steven Butler, Esq. JUL 1 1 2003 April 29, 2003 Mr. William Larry Ramey and Mrs. Elizabeth Ramey 824 Peace and Plenty Lane Stephens City, Virginia 22655 RE: B & B Truck Sales COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 CERTIFIED MAIL Zoning District: RA (Rural Areas) Property Identification Numbers (PIN): 85-A-70, 85 -A -137B, 137C, 137D and 137E Dear Mr. Ramey: On April 4, 2003, I visited the above -referenced property in response to a complaint regarding your properties. My inspection of the site revealed the presence of an automobile graveyard and a business, `B & B Truck Sales." Research of County records indicates that the auto graveyard and auto sales business were not established with proper zoning approval. In accordance with Section 165-50 of the Frederick County Zoning Ordinance, auto sales, automobile graveyards, and salvage dealers/rebuilders are not permitted in the RA Zoning District. Therefore, the presence of these businesses on your property constitutes a violation of the zoning ordinance. This office will allow (3 0) thirty days from receipt of this letter to resolve the violations. Resolution of these violations may be accomplished by completely removing the businesses from the property. These businesses would only be allowed with proper zoning. Auto sales is a permitted use in the B2 (Business General) and B3 (Industrial Transition) zoning districts. Automobile graveyards and salvage dealers/rebuilders are permitted uses in the M2 (Industrial General) Zoning District. In the event proper zoning is achieved, a site plan would be required for the property prior to establishment of any business activities on the property. As part of the site plan process, site improvements such as paving of parking areas and landscaping would be required. You may have the right to appeal this notice of violation 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 Page 2 Mr. , 1,am Larry Ramey and TvLrs. Elizabeth Ramey Re: B & B Truck Sales April 29, 2003 with Article XXI, Section 165-155A(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 aggrieved party, any other information you may want to submit, and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Failure to comply with the Frederick County Zoning Ordinance will result in a criminal complaint being filed against you. Please do not hesitate to contact me regarding any questions that you may have at (540) 665-5651. Sincerely, . PO�J ljaA�-Vja Patrick T. Davenport, C.Z.A. Subdivision and Zoning Administrator PTD/CEM/bah UACandice\Violadons\RA\B & B Truck Sales\B&B_I.wpd LIST OF EXHIBITS EXHIBIT A Letter dated October 24, 1978 from Department of Planning and Development to William Ramey EXHIBIT B Various pictures of automobile graveyard from File No. 3366, Frederick County Circuit Court Clerk's Office EXHIBIT C Notes from The Honorable Robert K. Woltz in File No. 3366, as above. EXHIBIT D Order dated November 6, 1978 finding the owner, William L. Ramey not guilty of zoning violation EXHIBIT E Trial exhibit showing location of truck graveyard as in File No. 3366 above. EXHIBIT F Miscellaneous DMV licenses from 1975 to present (not required prior to 1975). EXHIBIT G Copy of Deed Book 288, Page 99, dated February 26, 1963 (85 A 70). �rebEzirk (guunty pepnztment of 11Ittnning ani ei�Eln}rmQnt H. RONALD BERG PLANNING DIRECTOR DOROTHEA L. STEFEN ZONING ADMINISTRATOR Mr. William Larry Ramey Route 1, Box 403 Stephens City, Virginia 22655 CERTIFIED MAIL October 24, 1978 P. O. Box 601 9 COURT SQUARE WINCHESTER. VIRGINIA Dear Mr. Ramey: As a result of the court decision on September 19, 1978, this office recognize! _.that at the time of the adoption of the Zoning ordinance, th--re were five to eight vehicles on your property. Since the Ordinance defines automobile grave yards as having five or more inoperable vehicles on a property, it would appear that you were operating, as of 1967, a nonconforming use. As of April 12, 1978, any nonconforming use may expand up to fifty percent. On June 2, 1978, your property held forty-four vehicles. Please be advised that if your operation should expand to include more than sixty-six vehicles you will be considered in violation of the Zoning Ordinance and action will be taken. Should you require any further clarification, please contact this office. Sincerely, COUNTY OF FREDERICK, VIRGINIA Dorothea L. Stefen Zoning Administrator DLS:btr CC: J.'O. Renalds; III, County Administrator Lawrence Ambrogi, Attorney for the Commonwealth of Virginia Will Owings, Supervisor of Opequon Magisterial District E. Eugene Gunter, Attorney 703/662-4532 /_, �j /- A7 X3366 L.v • JIM/ ". —' . aL�%'ami ' a� Pill mm I r FRI F— W1,1111 Ir ll� IN ll lam.' ,([/'.�' u�,.Y,✓ �,I?IL7�C,f' / ice.✓/L _ .r. _. / IN 111ru y . r I Ill' isl WIVAM ft" L.v • JIM/ ". —' . aL�%'ami ' _� f./..1. I I %f Ill' isl WIVAM ft" fir" 'i '4 i ..a�►s rte. � J . I 1 � / 3= zo? ' BOOK 49 ['Acc 82-5 IN THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA COUNTY OF FREDERICK V. WILLIAM LARRY RAMEY CRIMINAL DOCKET NO. 3395 ORDER On the 19th day of September, 1978 came the Defendant, in person, and by his retained attorney, and came the Attorney for Frederick County, pursuant to a previous order of this Court setting this case for trial by misdemeanor venire on Tuesday, September 19, 1978 at 9:30 a. m, on an indictment charging the Defendant with violating the Frederick County Zoning Ordhance on June 2, 1978. WHEREUPON, a venire of eleven (11) was called, sworn and q according to law and consisted of the following: Rose Butler, William V Anderson, Anna Frye,. Barbara Wise, Sharon A. Heskett, Robert W. Norman B. Keeler, Mary P. Russell, Joseph J. Wahler, Thomas L. Lockhart and Gary A. Stottlemyer. After voir dire examination by the Attorney for Frederick County and the Attorney for the Defendant, both sides exercised their peremptory challenges alternately until there were five (5) jurors remaining. The five (5) remaining jurors who were duly sworn and charged according to law vere as follows: William Virgil Anderson, Robert W. Lake, Norman B. Keeler, Mary P. Russell and II Phomas L. Lockhart. WHEREUPON, the Attorney for Frederick County made his opening statement to the jury which was followed by an opening statement by the Attorney for the Defendant. k�,u, -2 - BOOK 49 PAR 826' The Attorney for Frederick County then presented evidence by the testimony of several witnesses, rested his case and the Attorney for the Defendant advised the Court that he had a motion to be heard out of the presence of the jury. After the Court and counsel retired to chambers, the Attorney for the Defendant moved the Court to strike the County's evidence. After hearing argument of counsel, the Court denied the Defendant's motion on all grounds and the Attorney for the Defendant noted an exception to the Courts ruling. WHEREUPON, after reconvening in open Court, the Attorney for the Defendant presented evidence in his client's behalf through the testimony of several witnesses, rested his case and the Attorney for Frederick County presented evidence in rebuttal. After both counsel had rested their cases, the Court and counsel retired to chambers and the Attorney for the Defendant again moved the Court to strike the County's evidence. After hearing argumer of counsel, the Court denied the Defendant's motion and the Attorney for tb- Defendant noted an exception to the Court's ruling. The Court and counsel remained in chambers to consider jury instructions and upon the reconven- ing of Court the jury was instructed orally in open Court. WHEREUPON, the Attorney for the Defendant and the Attorney for Frederick County made their closing argument to the jury which were follow by a rebuttal argument by the Attorney for Frederick County. The jury then retired to the jury room to consider their verdict and after deliberating returned to the Courtroom with a question for the Court. After the Court replied to the question, the jury retired for further deliberation and then returned to the Courtroom. In response to the inquiry of the Clerk of the Court, the foreman of the jury indicated that the jury reached a verdict and handed said verdict to the Clerk who read it as follows: "We the jury find the Defendant not guilty, Robert W. Lake, Foreman". -3 - ROOK 49 PAGE WHEREUPON, there being no objection to the form of the verdict, said verdict was recorded and the jury excused from the Courtroom. Fhe Defendant was then released from the terms and conditions of his bail case bond and recognizance and this/was ordered filed among the Criminal Ca; Ended. Enter this d ay of 1978. 46 v 45 6 - 91� 71 7 142 tp 296- 67 ;pts. IN ;2p 59 2 p pts Al, T-� 138 134 4J?l& 137D 133 Q/( C cr f) (D COMMONWEALTH OF VIRGINIA CERTIFICATE NO. DIVISION OF MOTOR VEHICLES 3L20 This is to Certify that: WILLIAPI L RArILY 7/A is & B USED CA S RT 1 BOX 403 S(EPHErvS CITY VA 22655 is hereby licensed as a USED MUTUk VEHICLE DEALER to engage in the business of selling MOTOR VEHICLES in the Commonwealth of Virginia until the 30th of June, 1976 as provided in Chapter 7, Title 46.1, Code of Virginia (1950) as amended. SERIAL NUMBER 02085 COMMISSIONER, DIVISION OF MOTOR VEHICLES ISSUED AUGUST IST 1315 COMMON %VEALTH OF VIRGINIA CERTIFICATE NO. DIVISION OF MOTOR VEHICLES 1 3220 This is to Certify that: tv1LL xn;= L : 1 NF --- Y Tip ? F E LSF0 P T 1 B1',X 403 S! 'PH -EA S CITY �i 22655 is hereby licensed as a USED MGT;.„R VEHI F � -� Li,- f� to engage in the bdisiness of selling t' Q VEHIC'L-S in the Commonwealth of Virginia until the 30th of June, 1977 as provided in Chapter 7, Title 46.1, Code of Virginia (1950) as amended. COMMISSIONER, DIVISION OF MOTOR VEHICLES SERIAL NUMBER IS.IjF ,JULY 1ST 1<.; 1{5 COMMONWEALTH OF VIRGINIA CERTIFICATE NO. DIVISION OF MOTOR VEHICLES 1 3 2 2 b This. is to Certify that: WILLI ,AMY Tin sj 3 U�101 �-,A.,C RT 1 F.nY 403 STEPHFI,I:S !:TTY VA 22655 is hereby licensed as a US E0 (40T �7P VE H D-, L � 1 E A.L ER to engage in the business of selling MOT OP Vr-- IICLES in the Commonwealth of Virginia until the 30th of June, 1977 as provided in Chapter 7, Title 46.1, Code of Virginia (1950) as amended. COMMISSIONER, DIVISION OF MOTOR VEHICLES 04796 SERIAL NUMBER ISSki CII AUG. GST 5TH 17 i6 COMMON WEALTH OF VIRGINIA CERTIFICATE NO. DIVISION OF MOTOR VEHICLES 1 3226 This is to Certify that: WILLIAM L RAMEY T/A B C B USED CARS RT 1 BOX 403 STEPHENS CITY VA 22655 is hereby licensed as a USED MOTOR, VESICLE DEALER to engage in the business of selling MOTOR VEHICLES in the Commonwealth of Virginia until the 30th of June, 1978 as provided in Chapter 7, Title 46.1, Code of Virginia (1950) as amended. COMMISSIONER, DIVISION OF MOTOR VEHICLES SERIAL NUMBER 08609 1 SS„ED JULY IST 1977 DLD-1 REV. 9/76 .y= COMMONWEALTH OF 'VIRGINIA. CERTIFICATE NO. DIVISION OF MOTOR VEHICLES 3226 •�-l'iiS IS to Certify that: WILLIAM L. RAMEY T/A B E E USED CARS RT 1 ECX 403 STEPhEhS CITY VA 22655 is hereby licensed as a VSED MOTOR VEHICLE DEALER to engage in the business of selling MOTOR VEHICLES in the Commonwealth of Virginia until the 30th of June, 1979 as provided in Chapter 7, Title 46.1, Code of Virginia (1950) as amended. COMMISSIONER, DIVISION OF MOTOR VEHICLES SERIAL NUMBER 0 19 10 DLD-1 Rev. 10/77 I S S L E C JLLY 1ST 1578 M CERTIFICATE NO. �®MMONWEALTH OF VIRGINIA3226 DIVISION OF MOTOR VEHICLES This is to Certify that: WILLIAM L RA MEY T!A 3 & B USED CARS RT 1 BOX 403 STEPHENS CITY VA 22655 is hereby licensed as a USED MOTOR VEHICLE DEALER to the engage in the business of selling MOTOR VEHICLES in gp provided Commonwealth of Virginia until the 30th of June, 19 as p in Chapter ter 7 , Title 46.1, Code of Virginia (19 50) as amended. COMMISSIONER, DIVISION OF MOTOR VEHICLES 1ST 1979 SERIAL NUMBER ISSUED JULY DLO -1 Rev. 10178 COMMONWEALTH OF VIRGINIA CERTIFICATE NO. DIVISION OF MOTOR VEHICLES 3226 THIS IS TO CERTIFY THAT:WILLIAM L RAMEY T/A B S B TRUCK SALES RT I BOX 443 STEPHENS CITY VA 22655 IS HEREBY LICENSED AS PROVIDED IN THE VIRGINIA MOTOR VEHICLE DEALER LICENSING ACT, CHAPTER 7, TITLE 46.1, CODE OF VIRGINIA, AS AMENDED, LICENSED TO DO BUSINESS AS: USED MOTOR VEHICLE DEALER ISSUED: 07/07/80 EXPIRES: 03/31/81 COMMISSIONER, DIVISION OF MOTOR VEHICLES SERIAL NUMBER 02170 DLO -1 Rev. 11/79 COMMONWEALTH OF VIRGINIA CERTIFICATE NO, DIVISION OF MOTOR VEHICLES 3226 THIS IS TO CERTIFY THAT: WILLIAM L RAMEY T/A 8- E B_TRUCK SALES RT .,1` BOX 403 ST`EPHENS CITY VA 22655 IS HEREBY LICENSED AS PROVIDED IN THE VIRGINIA MOTOR VEHICLE DEALER LICENSING ACT, CHAPTER 75 TITLE 46.1, CODE OF VIRGINIA, AS AMENDED) LICENSED TO DO BUSINESS AS USED MC)TOR VEHICLE DEALER ISSUED: 03/01/81 EXPIRES: 03/31/82 COMMISSIONER, DIVISION OF MOTOR VEHICLES SERIAL NUMBER 03164 DLO -1 Rev. 09/80 CERTIFICATE COMMONWEALTH OF VIRGINIA DIVISION OF MOTOR VEHICLES 3.26 ISSUED: EXPIRES: 03/31/83 SERIAL NUMBER 14063 [)LD -1 Rev. 09/80 COMMISSIONER, DIVISION OF MOTOR VEHICLES COMMONWEALTH OF VIRGINIA CERTIFICATE NO. DIVISION OF MOTOR VEHICLES 3226 THIS IS TO CERTIFY THAT: WILLIAM L RAMEY T/A B & B TRUCK SALES R -T 1 BOX 403 STEPHENS CITY VA 22655 IS HEREBY LICENSED AS PROVIDED IN THE VIRGINIA MOTOR VEHICLE DEALER LICENSING ACT, CHAPTER 7, TITLE 46.1, CODE OF VIRGINIA, AS AMENDED. LICENSED TO DO BUSINESS AS:. -: USED MUTOR VEHICLE DEALER ISSUED: 03/31/83 EXPIRES: 03/31/84 SERIAL NUMBER 35437 DLD-1 Rev. 09/80 , " � '- -'. w 'r /V /.- �-� COMMISSIONER, DIVISION OF MOTOR VEHICLES COMMONWEALTH OF VIRGINIA CERTIFICATENO. DIVISION OF MOTOR "VEHICLES 3226 THIS IS TO CERTIFY THAT: WILLIAM L RAMEY T' /A B &.B TRUCK -SALES RTI BOA 403 STEPHENS CITY VA 122655 IS HEREBY LICENSED AS PROVIDED IN THE VIRGINIA` MOTOR VEHICLE DEALER LICENSING ACT, CHAPTER 7, ;TITLE 46.1, CODE OF VIRGINIA, AS AMENDED. LICENSED TO DO BUSINESS AS: USED MOTOR VEHICLE DEALER ISSUED: 03/01/84 EXPIRES: 03/31/£35 SERIAL NUMBER 39411 D LD -1 Rev. 09/80 COMMISSIONER, DIVISION OF MOTOR VEHICLES COMMONWEALTH OF VIRGINIA CERTIFICATE NO. DIVISION OF MOTOR VEHICLES 3226 THIS IS TO CERTIFY THAT: VILLIAM L RAMEY T/A B & B TRUCK SALES RT 1`' BOX 403 STEPHENS CITY VA '22655 IS HEREBY LICENSED AS PROVIDED IN THE VIRGINIA MOTOR VEHICLE DEALER LICENSING ACT, CHAPTER 7,. TITLE 46.1, CODE OF VIRGINIA, AS AMENDED. LICENSED TO DO BUSINESS AS: USED MOTOR VEHICLE CEALER ISSUED: O3/01/85 EXPIRES: 0 6 / Z 0 / 85 SERIAL NUMBER 42602 D LD -1 Rev. 09/80 COMMISSIONER, DIVISION OF MOTOR VEHICLES COMMONWEALTH OF VIRGINIA CE RTI FICATENO, DIVISION OF MOTOR VEHICLES 3226 THIS IS TO CERTIFY THAT: WILLIAM L RAMEY TIA Q ,& 8 TRUCK SALES RT 1 Bf)X 403 STEPHENS CITY VA 22655 IS HEREBY LICENSED AS PROVIDED IN THE VIRGINIA MOTOR VEHICLE DEALER LICENSING ACT, CHAPTER 7, TITLE 46.1, CODE OF VIRGINIA, AS AMENDED. LICENSED TO DO BUSINESS AS: USED MOTOR VEHICLE CFALFR ISSUED: 09/23185 EXPIRES: 0 4,/30 /86 SERIAL NUMBER 48597 OLD -1 Rev. 09/80 , 4? '- . z ( 'r 4 Z' -Z �- COMMISSIONER, DIVISION OF MOTOR VEHICLES COMMONWEALTH OF VIRGINIA CERTIFICATE NO. DEPARTMENT OF MOTOR VEHICLES 3226 THIS IS TO CERTIFY THAT WILLIAM L RAMEY T/A D ; TRJGK SALES RT 1 �I 4"iia STt'i�a Ci3X VA 2;2655 s IS HEREBY LICENSED AS PROVIDED IN-HE'VIRG°�NxA'ViOTOR VEHICLE DEALER LICENSING ACT, CHAPTER 7,"ITLE 461, CODE OF VIRGINIA, AS AMENDED, LICENSED TO DO BUSINESS AS Gs �D ,MOTOR VEHT LE DEALER ISSUED: 05/2 3/86 EXPIRES: 06/30/87 SERIAL NUMBER 65219 DLD-1 Rev. 12/84 COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES COMMONWEALTH OF VIRGINIA CERTIFICATE NO. DEPARTMENT OF MOTOR VEHICLES 3226 ISSUED: 05/27/87 E EXPIRES: 06/so/88 COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES SERIAL NUMBER 77327 DLD-1 Rev. 12/84 COMMONWEALTH OF VIRGINIA CERTIFICATE NO. DEPARTMENT OF MOTOR VEHICLES 32.6 urc Tav c aCERTIFY TH AT- mKilt iaaiv TO Ei T4M L RAMEY T/A &.13.. TJtUCK SALES STEPNIN� CITE =�A X2655 IS HEREBY LICENSED AS PROVIDED IN THE;; LICENSING ACT, CHAPTER 7; -TITLE 46.1, COl LICENSED TO DO BUSINESS AS USED`lHOT [MOTOR VEHICLE DEALER GINIA, AS AMENDED. LE DEA LER ISSUED: 06/06/88 -'5 EXPIRES: 06/30/89 COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES SERIAL NUMBER 90089 D L D-1 Rev. 12/84 COWiONWEALTH OF VIM, 41A DEPARTMENT OF MOTOR VEHICLES CERTIFICATE NUMBER: 3226 ISSUED: 06/19/89 EXPIRES: 06/30/90 THIS IS TO CERTIFY THAT: WILLIAII L RAKEY T / A B.` i; 8 JRUCK SALES _ RT . 1 80X �t03 . STEPHENS CITY VA 22655 IS HEREBY LICENSED, AS PROVIDto IN TfE V:lRG1NIA MOTOR VEHICLE DEALER LICENSING ACT,', GNARTER 7, T iTI_E- 46. 1 CODE OF VIRGINIA TO ENGAGE IN THE PUSINESS'`AS` AN INDEPM,ENT MC10R VEHICLE DEALER IN USED MOTOR VEHICLES IN THIS: CO..M140NWEALTH, 016760 SERIAL NUMBER DLD-1 Rev. 1/89 COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES COMMONWEALTH OF VIRGINIA DEPARTMENT OF MOTOR VEHICLES CERTIFICATE NUMBER: 3226 ISSUED: 06/11/90 EXPIRES: 06/30/91 THIS IS TO CERTIFY THAT: WILLIAM -L RAMEY T /A B. -I C H :`TRUCK : SALES RT .1 PO'X 403 STEPHENS CITY ---VA 22655 IS HEREBY LICENSED, AS PROVIDED IN THE, VIRGINIA MOTOR VEHICLE DEALER LICENSING ACT, CHAPTER 15 TITLE `46.2, CODE OF VIRGINIR TC ENGAGE IN TFE BUSINESS AS -.AN INDEPENDENT MOTOR VEHICLE DEALER IN USED MOTCR VEHICLES IN THIS COMNCiNWEALTH. SERIAL NUMBER 0j2_') 5 5 6 DLD-1 Rev. 1/89 COMMISSIONER, DEPARTMENT OF MOTOR VEHICLE - .p I COMNiONWEALTH OF VIRGiAA DEPARTMENT OF MOTOR VEHICLES CERTIFICATE NUMBER: 3226 ISSUED: 06/27/91 EXPIRES: 06/30/93 THIS IS TO CERTIFY THAT: WTTLLIAM ,L RAMEY T/A 8 S TRUCK. SALES RT 1 BOX 403 STEPHENS CITY VA 22655, IS HEREBY LICENSFDi AS PROVIDED` IN THE VIRGINIA MOTOR VEHICLE DEALER LICENSING LAWSv CHAPTER 15 TITLE 46.2, CODE OF VIRGINIA TO ENGAGE IN THE BUSINESS AS .AN INDEPEN9CNT MOTOR VEHICLE DEALER IN USED MOTOR VEHICLES IN THIS COMMONWEALTH* SERIALNUMBER 5 DLD-1 Rev. 1189 COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES lu COMMONWEALTH OF VIMNIA DEPARTMENT OF MOTOR VEHICLES CERTIFICATE NUMBER: -3226 ISSUED: 06/22/93 EXPIRES: 06/30/95 THIS IS TO CERTIFY THAT: WILLIAM L R'AMEY T/A ii S B" -TRUCK SALES 824 PEACE & .PLENTY LANE STEPHENS.CIJY VA,22655 IS HEREBY LICENSED, AS"PROVIDED IN 'THE VIRGINIA mCTOR VEHICLE DEALER LICENSING LAWS,- CHAPTER 15 TITLE ,46.2, CODE OF VIRGINIA TO ENGAGE IN THE BUSINES5'AS AN INDEPENDENT MOTOR VEHICLE DEALER IN USED MOTOR VEHICLES IN THIS COMMONWEALTH. SERIAL NUMBER U € �v-� DLD-1 Rev. 1189 COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES C®NINioNWEALTH OF 'VIRGII,tA DEPARTMENT OF MOTOR VEHICLES CERTIFICATE NUMBER: 3226 ISSUED: 06/26/95 EXPIRES: 06/30/97 THIS IS TO CERTIF'V THAT - WILLIAM L RAMEY T/A B G B TRUCK SALES 924 PEACE C PLENTY LANE STEPHENS CITY VA 22655 I5 HEREBY LICENSED, AS PROVIDED IN THE VIRGINIA MOTOR VEHICLE DEALER LICENSING LAWS, CHAPTER 15 TITLE 46.2, CODE OF VIRGINIA TO ENGAGE IN THE BUSINESS AS AN INDEPENDENT MOTOR VEHICLE DEALER IN USED MOTOR VEHICLES IN THIS COMMONWEALTH. 131703 SERIAL NUMBER DSD 1 (REV 7/94) 1 COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES r COMI\_JNWEALTH OF VIRGi. 4IA DEPARTMENT OF MOTOR VEHICLES CERTIFICATE NUMBER: 3226 ISSUED: 06/19/97 EXPIRES: 06/30/93 THIS IS TO CERTIFY THAT: WILLIAM L RAMEY T/A 8 & B TRUCK SALES 624 PEACE 6 PLENTY LANE STEPHENS CITY VA 22655 IS HEREBY LICENSED9 AS PROVIDED IN THE VIRGINIA MOTOR VEHICLE BOARD LAv4S? CHAPTER 15 TITLE 46.2s CODE OF VIRGINIA TO ENGAGE IN THE BUSINESS AS AN INDEPENDENT MOTOR VEHICLE DEALER IN USED MOTCR VEHICLES IN THIS COMMONWEALTH. 210 6' f l CNC SERIAL 235 SERIAL NUMBER DSD 1 (REV 7/94) COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES COMWvIl WEALTH OF VIRGIN A DEPARTMENT OF MOTOR VEHICLES CERTIFICATE NUMBER 3226 1SSULD 06/24/96 EXPIRES 06/30/99 THIS IS TO CERTIFY THAT: WILLIAM L RAMEY T/A B & B TRUCK SALES 624 PEACE & PLENTY LANE STEPHENS CITY VA 22655 IS HEREBY LICE=NSED, AS PROVIDED IN THE VIRGINIA MOTOR VEHICLE BOARD LAWS, CHAPTER 15 TITLE 46.2, CGDE OF VIRGINIA TO EN6A.13E iN THE BLSINESS AS AN INDEPENDENT 14OTJR VEHICLE DEALER IN USED MOTOR VEHICLES IN THIS COMMONWEALTH - Y3 16-2661 SERIAL NUMBER DSD 1 (REV 7/94) COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES COMMONWEALTH OF VIRGNIA DEPARTMENT OF MOTOR VEHICLES CLkTIFICATE NUNP?E4 1818-1—I-0-3220 ISSULD: 06/26/199; EXPIRLS: 06/30/2001 THIS IS TO CERTIFY THAT:n i L� SRA r, � R AO L L _l RA ME Y T/Ax Tit3C:3}AL-S 82APAC PL'N TY'tA�Jc s EP'HI=NS�Ciiw Z,+�� �n t 1 d - I S HLk!.'BY L 11 CENSEUv AS P'OVID—b- IT$ f -: VIS? I N:H MOTOR VEHICLE BARD L A W S v CHAPTER 15 TITS 46 Z,',CL'b'i 7a VIkGI vIA TO IPJ THE 3USINESS A "Ati IIa�iEP; NDN— �T 4OTOR VLHICLE DEALER ;. - I ' US=0 ^iOT0R VEHICLC S Iii THJcS'A.0 1''fi+{'1Ni�tALIii- 20SERIAL �7�77 DSD 1 (REV 7/94) COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES COMMONWEALTH OF VIRGINIA DEPARTMENT OF MOTOR VEHICLES CERTIFICATE NUMBER: 1818-1—I-0-3226 ISSUED: 06/21/2001 EXPIRES: 06/30/2003 THIS IS TO CERTIFY THAT: WM, L , WM . .i R . & BRADLE Y rl RAMEY T/A B & B TRUCK SALES 824 PEACE & PLENTY LANE STEPHENS CITY VA 22655 IS HEREBY LICENSED, AS PROVIDED IN THE VIRGINIA MOTOR VEHICLE BOARD LAWS, CHAPTER 15 TITLE 46.2, CODE OF VIRGINIA TO ENGAGE IN THE BUSINESS AS AN INDEPENDENT MOTOR VEHICLE DEALER IN USED MOTOR VEHICLES IN THIS COMMONWEALTH. 210 W . NJCA=V MVBDDS I Commissioner, Department of Motor Vehicles DSD 1 (REV 2/01) Chairman, Motor Vehicle Dealer Board a J APPEAL APPLICATION #07-03 RONALD A. CLINE AND BEVERLY S. CLEM Staff Report for the Board of Zoning Appeals Prepared: July 22, 2003 Staff Contact: Patricia Davenport This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: August 19, 2003 - Action: Pending July 15, 2003 - Action: Tabled LOCATION: The property is located off of Route 50 West on Route 817, at the bottom of the hill. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 40-A-135 PROPERTY ZONING & USE: Zone: RA (Rural Areas) District Land Use: Automobile grave yard, and salvage yard ADJOINING PROPERTY ZONING & USE: Zone: RA (Rural Areas) District Land Uses: Agricultural and Residential Winchester and Western Railroad APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance concerning Zoning Ordinance violations of permitted uses allowed in the RA zoning district. REASON FOR APPEAL: The applicant contends that this property has contained an automobile graveyard/salvage yard and a vehicle sales operation since the 1950's, prior to zoning ordinance adoption in 1967, and is a legal non -conforming use. STAFF COMMENTS: In response to a complaint, the Planning Department staff inspected the property at 341 Magic Mountain Road on April 25, 2002. Inspection of the site revealed the presence of an automobile graveyard. Research of County records, in the form of Certificates of Zoning Compliance and business licenses approved by County staff, did not reveal that the property was approved to operate a junkyard, salvage yard or automobile sales business. Subsequently, a notice of violation was sent to Ms. Beverley S. Clem and Mr. Ronald A. Cline on April 28, 2003, citing violations of Sections 165-50 and Section 165-47 (for junk, debris and tires on the site). Section 165- 50 of the Frederick County Zoning Ordinance lists uses that are permitted in the RA Zoning District. Automobile sales, automobile graveyards, and salvage rebuild businesses are not listed as permitted uses. Section 165-47 states that landfills, junkyards, automobile graveyards, dumping and trash heaps are only permitted where specifically allowed in the zoning district regulations of the Zoning Ordinance. In determining that the applicant was in violation of Section 165-50 of the Zoning Ordinance, Planning Department staff researched County aerial photography dating from 1969 through 2001 and other County records. Research of the October 1969 and August 1970 photographs indicated that there was no automobile graveyard located on the referenced property. As referenced in # 10 on the appeal application, the applicant states that, "We feel this property has been used [as] Carl Millers Salvage and used cars in the 1950's, 1960's, 1970's and 1980's, and then by Eddie Harvey' salvage and car repairs [for] the last 14 years until we bought it in 2001 ". The first Zoning Ordinance was adopted in Frederick County in March 1967. The subject property was zoned Al (Agricultural Limited) from that date until the reclassification of the Al Zoning District into the current RA (Rural Areas) Zoning District. The Al zoning district did not allow auto sales, auto graveyards, or salvage builder businesses. Mr. Cline has submitted material to the Planning Department to prove that the uses on this property are legally nonconforming; however, staff contends that this evidence does not prove that the automobile graveyard/salvage yard existed continuously, as of October of 1969, as it is not evident in the aerial photography. The applicant has not presented evidence from the Department of Motor Vehicles for salvage operations or the Motor Vehicle Dealer Board for automobile sales to substantiate the legal non -conforming claim. Section § 165-149 of the zoning ordinance pertains to discontinuance of legally non conforming uses. It states that: "If any legally nonconforming use ... is discontinued for a period exceeding one year after the enactment of this Chapter." Staff contends that this automobile graveyard/salvage yard was not established with proper zoning approval and sufficient evidence is lacking to prove the property has been in continual use as a junkyard, salvage yard and automobile sales operation; and, therefore, is not allowed. STAFF CONCLUSION FOR THE AUGUST 19, 2003 MEETING: Staff is requesting affirmation of the Zoning Administrator's determination that the subject property is in violation of Section §165-47 and Section §165-50 of the Frederick County Zoning Ordinance. R a M R s P AN — II�� M ri a o 1 3 41:a w 1 M Q � O LL 0 v OD r Q MQ C)g- ,T W ¢ z a O aw O v �V CV ¢� vU) Q sf —/p= —/p. Q or wes ern i e o C) 'n v co E b T, co Q rib Alr 19 J w �z U ,OD J Q < �6 C) `s CO co T w Z Q 7 m 0 WO � k 74, IM i APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner C/ other 2. APPLICANT: po/j//rNAME:e /h�o . (Check one) OCCUPANT: (if different) NAME: :�� ADDRESS ADDRESS:I TELEPHONE: ���'�5� TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 4. Magisterial District: CII 5. 14 -Digit Property Identification No.: 7(-, ' l � Wd 6. The existing zoning of the property is: 7. The existing use of the property is: S. Adjoining Property: North East South West USE ZONING AvQil %2-.M . o. �I 9. Describe the decision being appealed. (Attach a copy of the written decision.) 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) Iib �O X&,Iumw WJ,4v 1�7 / / 1,- 7 �'V V �GX�(i bn ' .,ria 7� / S� "� ) P�� �' t ��i L a y tt Far l 11. Additional comments, if any: AGREEMENT APPEAL it Q ` I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals(BZA)to overrule the administrative interpretation of 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 ff� SIGNATURE OF OWNER 1 �L ��' "='�—� DATE (if other than applicant) 612 /0 -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: D TE - APPEAL OVERRULED �j APPEAL SUSTAINED SIGNED: BZA CHAIRMAN DATE: File: KAWMMNWPPLICATAPPEAL Rem. 1/97 July 16, 2003 Mr. Ron Cline and Ms. Beverly Clem 54 North Street Front Royal, VA 22630 MC2 III copy COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RE: APPEAL #07-03 OF RON CLINE AND BEVERLY CLEM Dear Mr. Cline and Ms. Clem: This letter is to confirm that the above -referenced application was tabled by the Board of Zoning Appeals at their meeting on July 15, 2003. Your Appeal Application will be heard by the Board of Zoning Appeals at its meeting on August 19, 2003. This property is located from Route 50 west, left onto Route 817, at the bottom of the hill, is identified with Property Identification Number 40-A-135 in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, � lar, r� Patrick T. Davenport, C.Z.A. Zoning and Subdivision Administrator PTD/bad 0 \Agendas\BZA\APPR_DEN. LTR\20032004\0em tabling. wpd 107 North Kent Street - Winchester, Virginia 22601-5000 April 28, 2003 Ms. Beverley S. Clem and Mr. Ronald A. Clem, -"C -11L`-' 54 North Street Front Royal, Virginia 22630 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 CERTIFIED MAIL FAX: 540/665-6395 RE: 341 Magic Mountain Road; Property Identification Number (PIN#): 40-A-135 Zoning District: RA (Rural Areas) Dear Mr. and Ms. Clem: On April 25, 2003, I visited the above -referenced property in response to a complaint regarding your property. My inspection of the site revealed the presence of an automobile graveyard, numerous tires, and debris. Research of County records indicates that the automobile graveyard was not established with proper zoning approval. In accordance with Section 165-47 of the Frederick County Zoning Ordinance, landfills, j unkyards, automobile graveyards, dumping, and trash heaps shall be permitted only where specifically allowed by the zoning district regulations of the ordinance. Where allowed, such uses shall meet all requirements of the Frederick County Code and applicable state and federal regulations. Therefore, the external storage of tires and debris on this property constitutes a violation of the provisions of Section 165-47. Resolution of this violation may be accomplished by removing the tires and debris from the property. In accordance with Section 165-50 of the Frederick County Zoning Ordinance, auto sales, automobile graveyards, and salvage dealers/rebuilders are not permitted in the RA Zoning District. Therefore, the presence of the automobile graveyard on your property constitutes a violation of the zoning ordinance. Resolution of this violation may be accomplished by removing the automobile graveyard from the property completely and relocating it in a permitted zoning district. Automobile graveyards and salvage dealers/rebuilders are permitted uses in the M2 (Industrial General) Zoning District. This businesses would only be allowed with proper zoning. This office will allow (30) thirty days from receipt of this letter to resolve these violations. You may have the right to appeal this notice of violation within thirty (30) days of the date of this 107 North Kent Street • Winchester. Virginia 22601-5000 Page 2 Ms. Beverley S. Clem and Mr. Ronald A. Clem Re: 341 Magic Mountain Road April. 20 2003 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 XXI, Section 165-155A(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 aggrieved party, any other information you may want to submit, and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Failure to comply with the Frederick County Zoning Ordinance will result in a criminal complaint being filed against you. Please do not hesitate to contact me regarding any questions that you may have at (540) 665-5651. Sincerely, e- u Patrick T. Davenport, C.Z.A. Subdivision and Zoning Administrator PTD/CEM/bah bc: Margaret B. Douglas, Back Creek District Supervisor Rick C. Ours, Back Creek District Planning Commissioner Cordell Watt, Back Creek District Planning Commissioner UACandicc\Violations\RA\341 Magic Mountain Rd\Clem_I.wpd ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Ms. -Beverley S. Clem and Mr_ Ronald A. Clem 54 North Street Front Royal, Virginia 22630 A. Received by (Please i C196# I B. C. Signatu e ❑ Agent X / ❑ Addressee D. Is delivery address different fro ' em 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Se a Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise N r -y��` lrisurG�cl (vTail ❑ C.C.D. 03 4 FieStrieted D,livery? (Extra Fee) ❑Yes - - 2..Ad1&Ig-;htumber (Cop ---m f} 1 -1TA [l 0002%864 5 6 8 `' Domestic Ret ��tr" 102595-00-M-0952 i P! . jlr�vy Building Supplies & Services and Consulting 54 North Street Front Royal, VA 22630 May 18, 2003 Patrick T. Davenport, C.Z.A. Subdivision and Zoning Administrator County of Frederick 107 North Kent Street :��in-b- ter, `i�li 22601-5000 RE: 341 Magic Mountain Road Dear Mr. Davenport: I would like to thank you for meeting me last Thursday, May 8, to discuss our property at this location. After meeting you, John Trenary, and Scott Fincham that day, I can now put a face with your voices. As I discussed with you. at the meeting, before we purchased this property I wrote a letter to Jeremy Camp of the Planning Department outlining our intentions of use. I have enclosed a copy of his response letter. In my conversation with Mr. Camp, I told him that the real estate agent who was selling the property, Kathy Durbin of Crum Realty, who is now 44 years old, grew up right down the street from Carl Miller's yard and used to buy soda pop from his machine when she was a little girl. It is our position that this property, 40-A-135, has been used for an automobile grave yard and salvage operation continually since the early 1960s under Miller Brothers Used Cars and Parts, and therefore it ought to be under the "grandfather clause." Eddie Harvey had run his car repair and parts salvage business at this location for the past 10 years, renting from the previous owner (Tamp TQa��i?Px}� Tr Tuna 7(1(11 :''l:eu -,,e boughtT__1'iS',,-," ;, ty�� A i +. ,;�ax Information System listed this property as" M2 -General Industrial" as a matter of public record. I have enclosed a copy and also a copy of Tax Map -40 -A -135A showing the M2 - General Industrial zoning. We do not feel we should have to appeal, but we will do so if needed in accordance with Article XXI, Section 165-155A(l) of the Frederick County Zoning Ordinance. During our meeting, I expressed one of the uses of the property is to store and repair my trucks and equipment, and to restore other antique cars I own—approximately 15 vehicles. In the future we hope to construct a storage and maintenance building near where the existing tire pile is now. As John stated, a survey would be needed for any possible building site because of the flood zone. Ron Route 1 Box 72 Cline Front Royal, VA 22630 Enterprises Office/Fax (703) 635-8393 Building Supplies & Services L and Consulting Our primary business now is real estate, buying old homes and restoring them back to life, such as we intend to do with this property. We currently have 3 properties under renovation. In this process we use most of the products we sell, such as concrete landscaping walls, stone for paths and walls, brick pavers, mulch, flowers and plants, pea gravel, and stone. After landscaping is complete, we would like to stock and sell these items on a small-scale basis. We plan on investing in many more fixer -uppers in Frederick County in the future and would be using these products in their renovation. The before- and after -pictures I showed you were of an old school just outside Front Royal that had been abandoned for 10 years. It was also a sore site for visitors to Warren County, much as this property has been to Frederick County for over 40 years. We have made tremendous strides toward cleaning up this mess and we will continue to do so over the next 6-8 weeks. We have taken over 30 pickup loads of aluminum cans, motors, and scrap metal to Zuckermans. We have hauled over 25 junk cars and have moved 6 more since we met on Thursday. We are selecting good tires and will be taking the remainder to the landfill. The other owner of this property, Beverly Clem, and my wife, are both school teachers and they will be out of school soon and working to beautify our investment. We believe Frederick County and especially our neighbors will be impressed with our final results. Patrick, as you suggested, we are trying to locate receipts, statements, and bills to validate Mr. Miller's salvage yard operation. Since he died a while ago, they might be hard to find. However, we have located many people from the area that bought salvaged parts from Mr. Miller back in the 1960s at this location. I will forward any information to you as we collect it as part of our appeal process. In closing, I thank you for your cooperation in this matter. In the past I have had the opportunity to participate in the growth of this county through such projects as making the brick for Sherando High School, the old hospital addition, supplying the brick for Apple Blossom Mall and for various houses in the county. Since starting our company in 1994, we estimate we have purchased over 40% of materials and services from businesses located in Frederick County, mostly in building materials, auto and construction equipment, and food and gasoline products. I look forward to working with you in the future. I hope we can make this situation a win for all parties involved and a continued stepping stone for more projects in Frederick County. Sincerely, Ron Cline Ron Cline Enterprises Route 1 Box 72 Front Royal, VA 22630 Office/Fax (703) 635-8393 :.P 4 Route 1 Box 72 Front Royal, VA 22630 Office/Fax (703) 635-8393 Building Supplies & Services and Consulting t tuww May 8, 2001 Jeremy Camp Frederick County Planning and Zoning 107 North Kent Street Winchester, Virginia 22601 Re: 341 Magic Mountain Road Tax ID#7345 Dear Jeremy, I am writing this letter in reference to our phone conversation the other day. As I mentioned, I am buying this property with the intention of maintaining the existing salvage yard operation, although on a smaller scale than the existing operation which I am told is under Carl Miller's name. I currently sell brick, concrete block, lumber, etc. to consumers and often use recyclable building materials in my real estate purchases. I would like to fix up the property and operate both businesses from this location. As we discussed, my contract is with Cheryl Ash of Century 21 in Berryville, Virginia. The listing agent is Kathy Durbin of Crum Realty. Her phone number is 540 662-0400. They have told me this property is zoned M-2 - Light Industrial. I have a June settlement date, and I want to make sure about the "grandfather clause" on the salvage yard with Frederick County and with the State of Virginia. Thank you for your help in researching this matter for me. Sincerely, Ronald A. Cline Ron Route 1 Box 72 Cline Front Royal, VA 22630 Entergy Office/Fax (703) 635-8393 06/14/2001 14:48 54066- 1C1 C Rut --ill PAGE 04 Metropolita" Regional Information Systems, inc. i ivu 7 1AA Jrt.DL,11L.. KF- AJ ax Tax ID#: 7344 PROPERTY ADDRESS-- v 4 OWNER: PAUL F RHINEHART JR Fl,[)orF- # AGS 01'Winef MAIL ADDRESS: 1782 WARo5NSVILLF GRADE VVINC94ESTER. VA 22602.2942 JA LEGAL DESCRIPTION- 1 80 ACRES 40000)�L)00000000001 .3 ­ Ello�.kiSquare* Tax Map 40- -A- -1 35A Lot. 135A Eiec; DiaL 10 Legal Unit ind Map. 40 Section. A Blk Suffix Subdiv Ph: P-,Cidl pParcelr-laq/# Map Suffix: Suffix- A . ritv TTax:' TOTAL TAX BILL: $1 "AaleiCaunty Tax. St a - Front Foot Fee -Pec; Exempt Classy Tax Class ASSESSMENT Land Use Year Assessed Tota! Tax Val, iC Lana Improvement i J I - C-1 IR97 Firev=5 Early DEED Deed Liber- Delta Tran5feT Date Pri,.r- Gramot GI ra e I--R4PTION PROPER I -Y Del - 4z Census Tt(.t/Blck: year Suitt! C Zoning. M2 3qunre Feet '' 408 Ac.rungt- 1.80 Lamj Use- Restiventia.1 property Cla-- ? Piaq* Lihert5olia Property' Card: Zoning C, , uENERAL !ND1jSTR!AL Prop Lke SfNGLE-FAMILYREI,-',151.jt3URBAN).01-.19.99A,- Building tAe- VACANT - RESIDENTIAL Topm;:--Iptly: ROLLIN UI LOPiNG STRUCTURE DESCRIPTION - prtfOR Section 2 Section Section 4 ory Are i Ek4 vlall: Total Building Area' Living Area: 0 base sq F-[, Rooms 0 13smt Typo Bedrooms: U Ssrnt Tot Sq Ft: 0 Firepiace Type: FUli Baths: 0 Dstilt F -'Ir) Sq Ft: 0 Attic Type: Half Baths: 0 Bsint Untin Sq ft 0 Attic 5q Ft- BmthE. 0 Air Cond. Gas. Heat. Sewer NONE Fuer Giectrici -Water NONE underground VVa11,- page: I DiAtc; 02/06110' Ta(x Levy Y, 1iO99 R. to 0 64 MwT t,lass: Taxabie Assessment ,!e imcgJa., LCI uatkKif- - ypc Gamgc Q -q r ; c3ar :-wsu Garoge SPBLE� All PROPERTY aESCRtPTICN Year Bultt: 1892 zoning: M2 Census TrcVBick: 1 Square Feet 3,712 Wrreage" 0 20' Lahcf U e.-2esiderrtlal Property Claus 7 Plat Llber/Fol'.o: ' Property card.. P`,1K Metropolitan Regional Information Systems. Inc. ,��=SZ4' t h � `" Ya -e: I Prop Use- SINGLE-FAMILY RES "SUBURBAN) 01-19 N AC BuHr1hg� Use: FAIR VALUE - RESIDENTIAL Topograpfiv ROLLING/SLOPING 1)atc: 41 1( t Fax [10: 73-15 � �� i i'' � >r* PUBLIC_ RECORD PUBLICE�'f�■('(.�1(/ L/ Tax tti"r' 7 145 C-,Jirnvl FV .� ` .0-r �; 1 3 pr-_ PROPERTY ADDRESS. _cot HOOP PETTICOAT Rn , VA -- F i.i OWNER: GENE CALVIN MAYHEW. Phone # t) Ari.; Owner -'Y MAIL ADDRESS: 1675 AG>♦+MS RD . WINCHESTER VA. 22603-1934 LEGAL DESCRIPTION- .410 -ACRE 40000A000000000M 1360 MagfDirct # 1 Lot 135 Bleck/Souafe.Qax Map: 40- -A- -135 Elec Dtst 10 Legal Urrt #: +rld: ao Section' A Rik Suffix. ctibdry Ph. Addi Parcel Fla MapSulYa ij11ff1X Parcel. t . uCT-Par(:eI i C7 �— J TOTAL TAX B4LL: $93 ;hate/County Tax: $83 Citv Tax: Tax Lew Yr 1999 Front Foot gree. Spec Tax Assmt: Refuse: Tax Rate: 0.64 Tax Class: 11cirriest(VE=xempt :status- Exempt Class: Mult. Class: E �i,Si:S �; Ar'TraT Year Asaeued Total Tax'vaiue Land Im" ovemett. Land Use Taxable Assessmem $14.501. $14r00C State.5 Previous S Muniripai `5 Ealy t s ,_ DEET) bEed Liber. Deed Type- T+et:>fer Date price E= anitzt Grantee PROPERTY aESCRtPTICN Year Bultt: 1892 zoning: M2 Census TrcVBick: 1 Square Feet 3,712 Wrreage" 0 20' Lahcf U e.-2esiderrtlal Property Claus 7 Plat Llber/Fol'.o: ' Property card.. Zoning Gess: GENERAL NOUST RIAL Prop Use- SINGLE-FAMILY RES "SUBURBAN) 01-19 N AC BuHr1hg� Use: FAIR VALUE - RESIDENTIAL Topograpfiv ROLLING/SLOPING StC' sF Secljbn 2 Section 3 Section 4 Srory vsv Ext Watt: Cambirta5crrl :ntarres- i.5 'ht.Tt Eiw!i#np ;�1 ez. Bedr�cros ;% balls, i Crtn- Irreaul2r L, -A Condiecn Pt_7r1R Section 5 Roofing Meta! Fouwdaticw Concrete Block +Urt(tE ii stile; Year S= Living area: 1.008 Bass Sq Ft: 672 6hsm'• I ype: None Fireptac-as. 0 Garage I iasmt Tot Sc; :=t: r_t F-ireprace -1 vpe. Gars_= ssult Fin Sy F tn Attic Type: Ga: 1t s-.mt Oribn Sq Ft. G Atm: $4 Ft: Gara�.� . A0.tr Gond intenor Floor: VV00D r1elit: Cipano Heater' Sewer. SEPTIC Fuel: Outer 4vate.r: WELL Underaround: Walls: Piaster Walls f , L-� iyl 4 i ? t A s v', t � Y _?fl(1(1 ,'L1B1YG�?9�ff:1+3 }Cry±!iTetl lTilus:�:�:[:n SvSri:nts, Jnr 4. ir• r+.+ -thy � y ±"; ,9r1:(-s?�:/ rO hr .rC;-:= rtuC, hur ti7�__�- _Z1 TT:b% T0i171VT/9121 Yf\ F1 n j 14 i 2 !_14=11 14 : '? �, 4 I_^ F, 1 e1 Metropolitan Regional Informal .� systems, Inc, Page: I PROPERTY DESCRIPTION Year Built: 1892 Zorw--A. M2 Ge -In" Treurllck: I Square Feet: 8,7112 Acreage: C.20 Land Use- Residential Property Class: 2 Peet Uber'Foll❑ 1 Prc"rty (a-4, Zoning Deaf' GEr°= - INDUSTRIAL r=r,v Uae: SINGLE-FAMILY RES (SUBURBAN) -01-19.99 AC duliding Use'FAIR VALUE - RESIDENTIAL Topo7a^ ROLLING/SLOPING iT: RUCTL` -g _ RtPTION de�rn i Section 2 See6on'3 Section 4 --r- A-- Total r-!•.e:-- Total B join , Roc' T yp tci:GrE18:5 - Bedrooms- a Full Baths: 1 rialt i:rafir�: 0 Irregular fiat: Secbor;_ Roofing_ Metal Foundation: Concrete Block .`' "=; U e: Yea( IZdISi.7(3o1Ho. Caring Area, 1,006 Base Sq Ft: 672 =-&,nt Type. None Fireplace& 0 Garage Ty e� Bsmt Tot Sq Ft 0 Fiteptare Type ti+araoe Sq F': Bsmt Fin 5q Ft 0 Att•c Type- Gar CLCF?&fr t3ami unfir� Sq rt: 0 Atbc Sq Ft. Garage 3pni., Air Gond Imerior Floor W')OD Wat, Space Henteir Sewer SF'PTIC Feel CHtmr Water: WELL Underground: Walls: Plaster Walle c_4 r ,._A l Da tc. 06/14i01 X M. "1=--�5 � '�* PCTIBLIC RECORD 'rax lick: 7341 F'd PROPERTY ADDRESS. :4; H—'""ur rc, �sC�Ai RD; . VA OWNER.- GENE CALVIN MAYHEW. Phone Atm Owner ' RW'i ADDRESS: 1675 ADAMS RD , WINCHESTER, VA 22603-1934 LEGAL DESCRIPTION: .20 ACRE 40000A000000000001350 [3�ucirifirq„sre: Tax Map: 110- -A- -135 •clee C1isi: 10 Legs: unit #: Grid: Map. 4;1 Subdw Ph Add! Parcel R60 I :x+':^» Parcel; 1 SutrPa: ref; TAX [LL: si73 - r. oat Fee Staiaj Tax, $0, COY Llty Tax: Tax Levy A'r 1989 ;�I -AX _:;ass: Spat Tax AGw-it: Homeatdf-"xe.•npt Status: Reiu6e; Exempt Glace: Tax Rate 0-64 tt143FSSMENT Must. Claes: E gar :Zsef1&ed Total T0x Value 1997 Land Improvement Land Use Taxable Aoatawnert $14,500 $14,000 $500 £3 State :$ evio $ party $ i i g $ Munirapar a I-EE€3 Da as Loac $ Geed Folio. $ Deed Type City. rarmter Bate pricei Grantor Grantee PROPERTY DESCRIPTION Year Built: 1892 Zorw--A. M2 Ge -In" Treurllck: I Square Feet: 8,7112 Acreage: C.20 Land Use- Residential Property Class: 2 Peet Uber'Foll❑ 1 Prc"rty (a-4, Zoning Deaf' GEr°= - INDUSTRIAL r=r,v Uae: SINGLE-FAMILY RES (SUBURBAN) -01-19.99 AC duliding Use'FAIR VALUE - RESIDENTIAL Topo7a^ ROLLING/SLOPING iT: RUCTL` -g _ RtPTION de�rn i Section 2 See6on'3 Section 4 --r- A-- Total r-!•.e:-- Total B join , Roc' T yp tci:GrE18:5 - Bedrooms- a Full Baths: 1 rialt i:rafir�: 0 Irregular fiat: Secbor;_ Roofing_ Metal Foundation: Concrete Block .`' "=; U e: Yea( IZdISi.7(3o1Ho. Caring Area, 1,006 Base Sq Ft: 672 =-&,nt Type. None Fireplace& 0 Garage Ty e� Bsmt Tot Sq Ft 0 Fiteptare Type ti+araoe Sq F': Bsmt Fin 5q Ft 0 Att•c Type- Gar CLCF?&fr t3ami unfir� Sq rt: 0 Atbc Sq Ft. Garage 3pni., Air Gond Imerior Floor W')OD Wat, Space Henteir Sewer SF'PTIC Feel CHtmr Water: WELL Underground: Walls: Plaster Walle c_4 r ,._A l WARREN COUNTX JUMOR HIGH SCHOOL 155 WESTMINSTER DRIVE FRONT ROYAL, VA 22630 TELEPHONE: 540-636-3199 FAX: 540-636-3244 TO: IRE: DATE' 00 "X: �J�YD G 9 CC: PAGES: omPlease Reply— �,Trgent _ For Irevlew� Please Cment„_ �_ Reply— ,41z1z� It4OkA1 �` I 22 May 2003 Mr. Ron Cline 54 North Street Front Royal, VA 22630 Dear Ron, The following information is in regard to our phone conversation today regarding the property located on old Route 50 West which originally belonged to my grandmother, Martha Ella Ramey Kerns. My mother, brother, sister and I moved in with my grandmother from our home which was located at the foot of north mountain on December 17, 1947. I remember this because it was the day before my fifth birthday. My sister and I had previously visited with our grandmother at this residence. Prior to oar moving in with her she had fell several times and the doctor did not want her living alone. We initially were only going to stay until she had regained her health, but she continued to have strokes and eventually became bedridden. Therefore, my mother, Mamie Kerns Largent, was her caretaker until her death in April of 1954. My mother was given the property by the other heirs for her devotion to my grandmother. After the throe of us children married and moved out mom continued to live at the residence. However, in October of 1966, my husband died at the age of 26. 1 had a three year old on and a five month old daughter. My husband had worked at the IR9 computer center and therefore I received government pension rather than social security. The amount was insufficient fox us to live. Therefore, my mother came to live with we and take care of my children and I went to work. She had thought at that time that perhaps in a couple of years I would be able to manage the children and she would be able to go home. However, she had a couple of heart attacks and then she began to have strokes. Therefore, it was not feasible for her to live alone. At this point, some time in 1967, she decided to buy a mobile home and move it here on my property and sell the property on Route 50. Carl and Agnes Millet, with whom she had been friends for years, had previously asked if she was ever interested in selling to let them know. She contacted Carl and he agreed to purchase the property. I am not sure there was ever any written contract because my mother would have trusted Carl to live up to his agreement. I do remember that he and my mother talked about his working on the place prior to his actual purchase of it. I do also remember that be told her that be intended to have a salvage yard and sell car parts. The property which joined on the east was owned by Carl's father, Newt Miller, and had been a salvage yard as long as I can remember. The actual date the property was deeded to Carl and Agnes is not a date I can recall. However, I am sure that it was not long after mid 1967. My mother died on April 3, 1974, and Carl and Agues Miller aro both deceased. The property has continued to be a salvage yard as far as you can visually see in passing. I am unfamiliar with who was the owner after Carl Miller. In our conversation today you stated that the deed gave a point something as the acreage. I am almost positive that there was more land than that. The land directly behind the house that goes up a hill is part of the property. The two and one-half acres that you mentioned seemed more accurate. I have drawn a rough sketch to show you the property as I remember it. plense note that there was a small lot (possibly a point something) which was along old Route 50 that mom retained and she had flowers planted on it. On several occasions I took her there and we transplanted a lot of her flowers here. Several years back my brother contacted me and asked me to sign this property over to someone and I cannot remember his name. My brother died in April of 1997. 22 May 2003 Mr. Ron Cline page 2 ave time look or es- However) any 1 wanted to get this lc%aN �.� �n'� WitliDUt delays when W So I did not 11iVeU there, Pic +�i d therefore. d A have pictures that 1 would have foam ou been herId e 1967, confirmed that a salvage ym u sucr�s in redoing the prop It will be nice to seg it I y� glad to hear $om You and wish you interest in it and that it will }mproved. Ivly mother would be very happy to know that you are taking cess with this project. definitely look better in the future. Please call or drop me a lint as you p g Scerely, t Carolyn i.. Bohrer Enclosure yell ' iA a 'A b k: t � w z m �CV) Z — LO a> er) —_ J r - Q o w — o� Cl) W d CY3 � m a I w 1; 1� 111111 t i 1 O M lV ClH W W Z N CK. M U y+ w aa� �z p LAW t � w z m �CV) Z — LO a> er) —_ J r - Q o w — o� Cl) W d CY3 � m a I w WARREN COUNTY JUNIOR HIGH SCHOOL 155 WESTMINSTER DRIVE FRONT ROYAL, VA 22630 TELEPHONE: 540-636-3199 FAX: 540-636-3244 TO: FROM: RE: DATE. FAX: ����� �—-` CC: PAGES: -1 Urgent— For RevlewA— Please Comment Plesse Reply _ a- &'d d a,14d '-'7 r �9 `� • P 1 PERMIT TO INSTALL OR REPAIR WATER SUPPLY and/or SEWAGE DISPOSAL SYSTEMS CZ ( VOID AFT TWELV (1,2) MONTHS) Festa ase No, �. t _ Ad nu Phone lwner (Rsai!iwp Aatdaat; Qc � Address CIiCrGI aaas.s+tit�J�l of Premises— or Rood Nome,-59dion or "M-' INSTALL ❑ REPAIR ❑ Dwelling Q- Other Q Water Supply System ❑ Water Supply System Actual or potential Bedroams_.._�Actual or estimated Writer © Sewage Dlspatol $rstar" 0 Sewage Disposal System Consumption 2 7,4,9al. per day Automatic Washing Machine !ice` Se tic Tank r e// s r 1 �- © `fie Pc Tank P Yes GI -No Garbage Disposal unh ❑ Yes CL-Nu Health Department ref:ommendt • r ` a - - / Additional waster [DETAILS OF RECOMMENDED SYSTEMS (1) WgTER SUPPLY location to be approved by Sanitarian. Type Q''Drilled Wail 0 Driven Well CI Bored Well 0 Dug Well Q Other Cased— feet. Casing to be properly sealed and wanted If necessary. Casing to extend at 1.004 b inches above pump room floor. Grouted foot. All sun foe. drginoge to flow away from water supply. Wen to have a platform of concrete or other impervious material, at lust 4 inches thick at coming, extending of least 24 inches in an directions barn casing, gently sloped for droinoge. (2) SOIL STUDY Naturally drained, suitable by sight 01. ❑ No Technicol Clossificotion Rough Classification ❑ Sandy [JMedium ❑ Clay 0 pipe Cloy. Percolation Test required IJ Yes Q No. Rate Minutes per inch. r Depth of Water Table sfimaf Surface droinoge required ❑ Yes ❑ No_,,`Area RDrainage by Lowering Ground Water Toble required ❑ Yes ETWO (3) DETAILS OF CONSTPUCTION Watertight Septic Tank of (Kind of Mo Inside Dimensions Length_ feet, � /r Width,&—feet. Liquid De th . feet. Depth of Air Space_ I feet. Liquid Capaeily , r w,2 pollens. (4) HOUSE SEINER LINE Size --4 - inches. Type of material required'-4,d.1c r.d:- Distonce trawl Water Supply m Ctq� feat. (5) SUBSURFACE ABSORPTION FIELD Distribution Box required. Ditches of equal length required. Number of��,��are feet required Type aggregate required L:tl Broken Stone U Gravel ❑ Slug. Size range from I inches to 31 inches. De,pPth of aggregate from base of the to bottom of ditches inches. _inches. Total ogi -egate must equal minimum depth of 13 inches or mon. Soil Cover over file not to xceed_-4.j:1nches. Distance from well to septic tan feat= distance from well to . Rough Sketch of Premiws (including adjacent properties if pertinent, Showing Location of Lot Line, 11-4—ngs, Wafer Supplies„ Saw go F,isppspt Systems, Trees, and Olher Possible Sources of Confotvination of Woter Supplies, by Indicating Distonce: and Slope evtth rngord to one another. 1,t - — -^ - _ 6 / � c 1 Note_ owoer or hisagent gnus# notify . - Health t-.00rlrnM,t, Phone > r when installation Is ready for insp.ttion, If any Sewop• rsposo ys em, or r1 era. , is Cawar ore In intpeteed by the Heait - pepa' :f be he diratiem of the #feohh Director or his agent. CONDITIONS DISCOVERED DUft1NG INS ALLATION MAY IftoUME ADJUSTMENTS OF SYSTEM DESIGN. hono.s from above specifications requite Health Department approval before being mode. Based on the above information, the undenigned recommends that this permit be issued. PP pafr A roved ._ Dot f ned ti -is - ) Rev. 1-65 �(R'wiewing ut a yj bonllarlee ar hirni'th D ew) Iririlinia State Department a: Health TRIPLICATE C� Ll� cai�i� 15 i�� 6ic r�� qIA 1548 Hollow Road Gore, Virginia 22637 May 28, 2003 Ron Cline 54 North Street Front Royal, VA 22630 Dear Ron, This letter is in response to your telephone call. Regarding the property previously owned by my uncle, Carl W. Miller, which he used as a salvage yard, and you want to continue using it as such. I moved to what I refer to as the "Gap" when my grandfather passed away (195 5) and there were used cars there at that time. We moved to Hayfield in 1962 but I visited my Aunt and Uncle after they bought the property from Mrs. Largent. I can assure the officials at the County who are questioning this, that there were used cars at this site and the property that Carl Miller bought from Mrs. Largent the entire time until Carl became sick. He then moved in with my father, Roy A Miller, and sold the property to Mr. Mayhew. The only documentation in my possession is a photo taken in 1956 showing used cars in the background. This photo was taken on the property owned by my grandparents, Newton J. Miller (deceased at that time) and Bessie Miller. The photographer is facing the property in question and I believe the cars are on the Largent property. I hope this information is helpful. If need be, I can appear in person to help plead your case. Sincerely, M —71a ail M. Nail Ron Cline 54 North Street Front Royal, VA 22630 May 25, 2003 RE: Carl Miller's Junk Cars and Salvage Yard 341 Magic Mountain Road Winchester, VA To Whom It May Concern: As I discussed with some of you on the telephone, Frederick County Zoning wants proof that Carl Miller and his father, Newton Miller, operated this salvage operation and car parts before 1967. Many of the relatives and neighbors are signing testaments and providing other documents that show it existed in the late 1950s. Any information you can add would be appreciated. Thank you for your assistance. 12/ Ron Cline Please state your information about this property: f r� Sign your name Current address Phone Number ;z:2 4 J Ron Cline 54 North Street Front Royal, VA 22630 May 25, 2003 RE: Carl Miller's Junk Cars and Salvage Yard 341 Magic Mountain Road Winchester, VA To Whom It May Concern: As I discussed with some of you on the telephone, Frederick County Zoning wants proof that Carl Miller and his father, Newton Miller, operated this salvage operation and car parts before 1967. Many of the relatives and neighbors are signing testaments and providing other documents that show it existed in the late 1950s. Any information you can add would be appreciated. Thank you for your assistance. erel yJ� Ron Cline Please state your information about this property: L { c�7 -E4% D HAI J � 6�� - D C 1-4 7r --T_ S \ Sign your nam Current address Phone Number APPEAL APPLICATION 409-03 SOVEREIGN HOMES Staff Report for the Board of Zoning Appeals Prepared: July 31, 2003 Staff Contact: Patrick T. Davenport This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: August 19, 2003 - Action: Pending APPEAL OF DECISION BY THE ZONING ADMINISTRATOR LOCATION: The property is located on Route 522 (North Frederick Pike), southbound lane, approximately 125 feet north of Autumn View Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53-A-53 PROPERTY ZONING & USE: Split Zoned: RP (Residential Performance) and B2 (Business General) ADJOINING PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District - Land Use: Residential; B2 (Business General)- Land Use: Vacant APPEAL: To appeal the decision of the Zoning Administrator concerning land use determination regarding residential separation buffers. REASON FOR APPEAL: Please see attached letter dated July 18, 2003, from David L. Frank of Bowman Consulting Group, Ltd. STAFF COMMENTS: In a letter dated June 27, 2003, staff received a request for a zoning determination from Bowman Consulting which sought a zoning determination regarding residential separation buffer requirements for a residential development. The request sought a determination of what, if any, residential separation buffers would be required on the subject property situated between it and the property located to the west. The subject project is known as "Regents Crescent" for which a Master Development Plan was originally submitted to Planning Department staff on January 13, 2003. The proposed development is to contain 70 townhouse units ( New Exhibit). The project is located on the east side of Westminster Canterbury, a development containing a variety ofhousing types such as duplexes and single family detached dwellings, which are occupied bymostly retirement -aged people. In Westminster Canterbury, the housing are situated on a single parent parcel, no individual lots exist. In a letter dated July 17, 2003, staff furnished the requested zoning determination to Bowman Consulting. §165-37C(1)(a) provides the requirements for residential separation buffers when high density housing types (such as townhouses or apartments) are developed adjacent to single family detached traditional, urban, cluster, single family zero lot and single family small lot housing. Three types of screening options are available and are illustrated in the agenda. The decision regarding the necessity of the buffering requirement was determined on the basis that since the adjoining property, Westminster Canterbury, contains a mix of housing types which includes single family detached dwellings, the development of the subject property will have to establish the required buffers in accordance with § 165-37C(l)(a). STAFF CONCLUSION FOR AUGUST 19, 2003 MEETING: Staff is requesting affirmation that the decision regarding the buffering requirements as specified in §165-37C(1)(a), are required to enable the development of townhouse units as illustrated on the subject property. OAAgendas\BZA\Staff Report\APPEAMSovereign Homes.wpd ,,. fit, ........... ...... • aoH� � o� t Cl) U) m.\ APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Appeal Application # /— C 4 Submittal Date'. Fee Paid I-` yes initials: JUL - 8 2003 J Submittal Deadline j For the meeting of MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other V (Check one) 2. APPLICANT: OCCUPANT: (if different) 0%",(A3 VA, NAME: NAME: sb`4va�G"j 15 ADDRESS VZK SASfi-�c�R �L- ST • ADDRESS: W to co is S -r r.R_ , V', TELEPHONE: 7Z2 - Z3 tf S TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): '2-jno-q� 57ZZ k5o FEe' -'FAD04 C gr s?. -L 4. Magisterial District: St"ZW CWCU., Rk" W OL A1.- 5. Property Identification No.: 5 —,,.l3 6. The existing zoning, of the property is: 5eL 701U 32ID ' > - Z 7. The existing use of the property is: s G. . L'U12 W -rO. 8. Adjoining Property: USE North 'r I A(� East to South t%.4 nA West ZONING FM V.T S`ZZ F,? -3z- 9. Describe the decision being appealed. (Attach a copy of the written decision.) Q t.,-, 17 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) 11. Additional comments, if any: 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 Property Identification Number.) NAME IUl\ F004l.8u'..t� `irasc� wWC�i,tl�� ZZ(�Z 8-7 v M Address IZy 3 N,E-p* k CU- f'I' li%1 _ ✓.4 27,603 Property ID # 53 _A _ -7 Address 12 y 1� .(r rL Ua 22 Property ID # 53 _A s Address /x,57 �=Q�G��.��GtL . ✓ .2� Property ID # �+� _ 5-3 -A - / Z UA4ZL_IAJ � Address 192 Property ID _q _ �Z Address %'SS ojip, 22 Property ID # _" "-- � S j Address�..*p Property ID # -3 --(W\ Address 951 tNr.x�' L,Rd, 0" (t - Property Property ID # 5��,1, �U�S X11 Address 9b AdtV tea) V4014 -Jt .1/4, 27,60 Property ID #53 yAa,> &) Ara s j OVL- )) Address 92zJ� Ifs tp(� � �ZGro Property ID Address /z z& /ZZZ �. �► 1A9,N , �/,�� Property ID #Wd ,. 34 - A - 4 Address /Z1K AIAV Uvw 1. ZZt�o Property ID # 3A -A -04, IUl\ F004l.8u'..t� `irasc� wWC�i,tl�� ZZ(�Z 8-7 v M GREETMENT APPEAL # Ci __C' ---i I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of 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 APPLIC SIGNATURE OF OWNER (if other than applicant) DATE 7' DATE -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: DAYE- APPEAL OVERRULED APPEAL SUSTAINED SIGNED: BZA CHAIRMAN DATE: File: OAL and Use Applications\Application fo ms1APPF.AL Revised: 01/14/03 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 July 17, 2003 David L. Frank, ASLA Bowman Consulting Group, Ltd. 124 East Cork Street Winchester, Virginia 22601 Re: Zoning Determination - Land Use of Adjoining Property Property Identification Number (PIN) 53 -A -63A Dear Mr. Frank: Staff is in receipt of your letter received on June 27, 2003. In this letter, you requested a formal zoning determination to determine the existing land use of the property identified above. This is the property adjacent to your clients parcel, identified by PIN 53-A-53, which has been proposed for a future townhouse development. The property in question is owned by Westminister Canterbury. Westminister Canterbury is a mixed use development, consisting of both multifamily and single family dwelling units. The copy of the Westminister Canterbury Master Development Plan which you attached with your letter is accurate. However, the copy does not show the family detached and single family semidetached (duplex) dwelling units which are located on the Westminster Canterbury property. Therefore, the land use does not just consist of residential duplexes, but also single family dwellings and other multifamily dwellings. You have the right to appeal this notice of zoning 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 XXI, Section 165- 155A; 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 aggrieved party, any other information you may want to submit, and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Please feel free to contact me if you have any questions. Sincerely, 1 1V, Z(, r j" Patrick T. Davenport Zoning and Subdivision Administrator U: IPatri&Common lZoning DeterminationsT egentsCrescentProperty. wpd 107 North Kent Street • Winchester, Virginia 22601-5000 § 165-37 FREDERICK COUNTY CODE § 165-37 as a full screen. As with landscape screens, if natural barriers, topography or other features achieve the functions of the full screen, the requirement may be waived by the Planning Commission, and the requirement may be changed to maintain highway sight distances. (3) Wherever proposed developments are adjacent to existing uses, the Planning Commission may require additional landscaping or landscaped easements to separate different uses and to achieve the intentions of this section. C. [Amended 5-11-19941 Residential separation buffers. Perimeter and interior residential separation buffers shall be established to adequately buffer single-family detached traditional and cluster dwellings from other housing types. The function of the perimeter separation buffer shall be to adequately separate different housing types within adjoining developments, while the interior separation buffer shall adequately separate different housing types within mixed- use developments. The requirements for perimeter and interior residential separation buffers are as follows: (1) Perimeter single-family separation buffers. (a) [Amended 10-27-19991 Wherever possible or practical, single-family detached traditional, urban, cluster and single- family zero lot line and single-family small lot housing shall not be placed adjacent to other residential lots or structures. [1 ] If other types of residential structures must be placed adjacent to single-family detached traditional, urban and cluster dwellings, the following buffers are required: 16560 12-15-99 Distance Buffer Required Inactive Active Screening (Minimum) (Maximum) Total Provided (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 16560 12-15-99 June 27, 2003 Patrick T. Davenport Zoning Administrator County of Frederick 107 North Kent Street Winchester, Virginia 22601 Re: Tax Map 53 (A) Parcel 53 Request for Determination BCG Project Number: 1955-01-001 Dear Patrick: On behalf of our client, I am requesting a formal zoning determination to determine the existing adjacent land use, along the common boundary of our subject property located on tax map 53 ((A)) parcel 53 and the adjacent property located on tax map 53 ((A)) parcel 63A, also known as Westminster Canterbury. The subject property is currently governed by two zoning districts, and comprises of approximately 11.58 acres. This property fronts southbound Route 522, North Frederick Pike, approximately 450 feet south from Oak Side Lane. The property abuts RP zoning to the north, west and southwest. The B-2 zoning is continued to the south fronting along Route 522, North Frederick Pike. The RP portion to the rear of this parcel is adjacent to the proposed Westminster - Canterbury project and its residential duplex buildings with an existing 100' Perimeter Single Family Separation Buffer Yard from the existing residential structure found on our subject property. A site inspection, and review of Master Development plans indicates a duplex land use adjacent the common property boundary. I have attached an aerial photograph of the adjacent boundary, as well as a section of the Master Development plan approved by Frederick County on January 14, 2002. I appreciate your time in reviewing this matter. Should you have any questions or concerns on this matter please do not hesitate to contact me. Sincerely, avid L. Frank, Project Manager Encl. 114( ASLA Bowman Consulting Group, Ltd. 124 East Cork Street 0 Winchester,VA 22601 Phone: 540.722.2343 N Fax: 540.722.5080 © www.bowmanconsulting.com -j LU z 0 LIC U - t ml VI x 0 ~✓ /rte/�i��� �� /"—__��/'//moi i OiL N[A bVc �r b�1 Z W W FJTS OZ Imu° a oc 0 z O YYZ N E n o S � F3i• 17J/ m o1 C � N �• / / / n • I / / . /� O O O 1 E r � A`i`\� \/- \ \ \`\ fir_ S1J \r t° w �° w 3 c , 1/?-T?�' -Ly '� " ' c c 1 UW �� " ' '\\\\ \ `\ c �` \ ` / (\ IQ< ��— �� i/ l �t((�/ l✓"' AK.AAl s�010p„s�e'• �4 1/1 .71 -F fit, Q LL Z�'j7• rN (14 Ilk Of - 1 %If 11__�_- t\\;\ —_ — — "// 111 I 1 r r r \ \ 1111' 1! ~I-.l-t�t��- - T 1 1 30 Rl 1 ?