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BZA 02-18-03 Meeting AgendaFREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia February 18, 2003 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of January 21, 2002 PUBLIC HEARING 3) Appeal Application #01-03, submitted by P. James Riley, to appeal a violation of the Zoning Ordinance, §165-50, Permitted Uses in the RA (Rural Areas) Zoning District, concerning "Country Boys Auto Sales." This property is located at 5058 Front Royal Pike and is identified with Property Identification Numbers 94A-1-5-7 through 94A-1-5-18; 94A- 1-6-7 through 94A-1-6-18; and 94A -1-12A-12 and 94A -1-12A-13 in the Opequon Magisterial District. 4) Appeal Application #02-03, submitted by Bowman Consulting, to appeal three violations of the Zoning Ordinance, § 165-147; § 165-27E(1) and § 165-27E (2), pertaining to site plan requirements and surface and parking space demarcation requirements at Allied Systems Corporation. This property is located at 1936 Millwood Pike and is identified with Property Identification Numbers 64 -A -80F and 64 -A -81A in the Shawnee Magisterial District. 5) 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, Virginia, on January 21, 2003. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Thomas Malcolm, (representing Shawnee District); Dudley Rinker, Back Creek District; Lennie Mather, Red Bud District. ABSENT: Robert Perry, Stonewall District; Theresa Catlett, Vice Chairman, Opequon District; and Robert W. Wells, Member -At -Large. STAFF PRESENT: Patrick T. Davenport, Zoning and Planner I; Carol I. Huff, BZA Sq' CALL TO ORDER iy�fgion Administrator; Rebecca A. Ragsdale, The meeting was called toAd8f'Chairman Larrick at 3:25 p.m. k ^Ki ELECTIONS OF OFFICERS. _FCiRg,2003: 4 Chairman L&rT Galled for nominations for the year of 2003. Mr. Rinker made a motion to re-elect the same roster As was in place in 2002 as follows: Chairman: James Larrick, Jr.; Vice Chairman: Teresa CtI`ett,.Secretary: Carol Huff. The motion was seconded by Mr. Malcolm and passed by unanimous cone t BE IT RESOLVED, THEREFORE, that the following persons are hereby re-elected to serve in their present capacity in the year 2003 on the Frederick County Board of Zoning Appeals: Chairman, James Larrick, Jr.; Vice Chairman, Teresa Catlett; Secretary, Carol Huff. PUBLIC HEARING Appeal Application #01-03, submitted by P. James Riley, to appeal a violation of the Zoning Ordinance, §165-50, Permitted Uses in the RA (Rural Areas) Zoning District, concerning "Country Boys Auto Sales." This property is located at 5058 Front Royal Pike and is identified with Property Identification Numbers 94A-1-5-7 through 94A-1-5-18; 94A-1-6-7 through 94A- 1-6-18; and 94A -1-12A-12 and 94A -1-12A-13 in the Opequon Magisterial District. ACTION - TABLED UNTIL FEBRUARY 18, 2003 Frederick Co. Board of Zoning Appeals Minutes of January 21, 2003 1 Minutes Book Page 1166 Mr. Douglas Harold, the attorney representing Country Boys Auto Sales, explained to the Board that he had requested in writing for this public hearing to be postponed one month; hov✓ever, T lr. Davenport had informed him that he did not have the authority to grant such a request ,. - and that it would need to be brought before the Board of Zoning Appeals. Chairman Larrick told those persons in attendance that in the absence of several Board members, as was the case this day, the applicants had the option of requesting a tabling. This option would give them more of a fair chance when the matter comes to a vote. Mr. Harold stated that his clients were in favor of tabling as they were not fully prepared to present. He said that Mr. Riley's major issue is the violation which currently exists and that Mr. Riley has been working with John Trenary to bring the recent building construction into code compliance. Mr. Harold asked the Board if it was their intention to shut his client's business down. He said they did not want to spend an enormous amount of money on engineers and contractors to come into compliance if the Board planned to shut them down. Chairman Larrick told Mr. Harold power to shut "Country Boys Auto Sales" down as if they had never appealed to the Board. Mr. Davenport clarified by shall stay all proceedings and furthf `is frozen' until the appeal is heard of Zoning Appeals did not have the outcome occurs would be the same ..the State Code, Section 15.2-2311, "an appeal appealed." In other words, any further action Mr. Harold still watd to"' -'know if Mr. Riley was going to have to shut down his business. Chairman Larrick fepeatedtyClat the BZA could not make that determination and that it would be up to the Plannirig'Dep&r ent. Mr. Davei ortonce again referenced the State Code, saying that Section 15.2-2312 requires the Board to make aYdecision within 90 days of filing the application or appeal. After some discussion regarding Mr. Harold's possible unavailability in March and the option of calling a special meeting, Mr. Harold agreed to have the matter tabled for one month [February 18, 2003]. Mr. Rinker made the motion to continue the "Country Boys Auto Sales" Appeal to the February 18, 2003 meeting; Ms. Mather offered the second. The motion passed by unanimous vote. BE IT RESOLVED, THEREFORE, That Appeal Application #01-03, submitted by P. James Riley, to appeal a violation of the Zoning Ordinance, §165-50, Permitted Uses in the RA (Rural Areas) Zoning District, concerning "Country Boys Auto Sales" is hereby tabled until February 18, 2003. Frederick Co. Board of Zoning Appeals Minutes of January 21, 2003 2 Minutes Book Page 1 167 Appeal Application #02-03, submitted by Bowman Consulting Group, Ltd., to appeal three violations of the Zoning Ordinance, §165-147; §165-27E(1) and §i65 -27E(2), pertaining to site plan requirements and surface and parking space demarcation requirements at Allied Systems Corporation. This property is located at 1936 Millwood Pike and is identified with Property Identification Numbers 64 -A -80F and 64 -A -81A in the Shawnee Magisterial District. ACTION -TABLED UNTIL FEBRUARY 18, 2003 Mr. Claus Bader of Bowman Consulting Group, Ltd. and representative for Allied Systems Corporation, stated that they are in the process of developing a site plan for the Allied Systems Corporation property which is the subject of the appeal. Mr. Bader explained that this appeal results from a zoning violation letter Allied Systems received but they are working with the Planning Department on resolving the issues outlined in the letter. The purpose of the appeal, therefore, is to stay any further action by the Planning Department until the site plan can be completed and administratively approved by staff. Mr. Bader stated that he and his clients would be in favor of continuing, or tabling, the appeal until next molith. Sc l Mr. Rinker made the motion to ci�atinue the Allied Systems Corporation Appeal to the February 18, 2003 meeting; Ms. Mather seceded*� '1~he motion passed by unanimous vote. &M ,. X. BE IT RESOLVED, THEREFORE,,,' -.That Appeal Application #02-03, submitted by Bowman Consulting Group, Ltd., to,appeal �hree:vio ations of the Zoning Ordinance, §165-147; §165- 27E(1) and §165-27E(2), t -i ni .. to site plan requirements and surface and parking space demarcation requirements ►t1ted11 stems Corporation, is hereby tabled until February 18, 2003. NOVEMBER 19, 2002 MINUTES: There were no additions or corrections to the 11/19/03 minutes; therefore, Mr. Rinker moved that they be approved as sent. Ms. Mather seconded. The minutes for the November 19, 2002 meeting were approved as sent by unanimous vote. OTHER BUSINESS: Mr. Davenport told the Board for their information that the David L. Goode case was being appealed to the Circuit Court. Also, Mr. Mike Chandler is going to be in Leesburg in March, at the Virginia Association of Zoning Officials Conference, one portion of which is a BZA training session. Mr. Davenport stated that the money is available in the budget to get everyone registered, for any member who is interested. More information will be mailed to all of the members as soon as it is available. Frederick Co. Board of Zoning Appeals Minutes of January 21, 2003 3 Minutes Book Page 1168 As there were no other items to be discussed, the meeting adjourned at 4:00 p.m. by unanimous vote. Respectfully submitted, James Larrick, Jr., Chairman Carol I. Huff, Secretary Frederick Co. Board of Zoning Appeals Minutes of January 21, 2003 4 Minutes Book Page 1169 APPEAL APPLICATION #01-03 JAMES P. RILEY (COUNTRY BOYS AUTO SALES) Staff Report for the Board of Zoning Appeals Prepared: February 10, 2003 Staff Contact: Rebecca Ragsdale 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: January 21, 2003 - Action: Tabled February 18, 2003 - Action: Pending LOCATION: This property is located at 5058 Front Royal Pike. MAGISTERIAL DISTRICT: PROPERTY ID NUMBERS PROPERTY ZONING & USE: Opequon 94A-1-5-7 through 94A-1-5-18; 94A-1-6-7 through 94A-1-6-18; and 94A -1-12A-12 and 94A -1-12A-13 Zone: RA (Rural Areas) District Land Use: Automobile sales, automobile grave yard, and salvage rebuilding ADJOINING PROPERTY ZONING & USE: Zone: RA (Rural Areas) District Land Uses: Roller skating rink, farm, residential (MH), and auto rebuilding 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 Country Boys Auto has been in operation since 1968, prior to zoning ordinance adoption, and is a legal non -conforming use. STAFF COMMENTS: In response to a complaint, the Planning Department staff inspected the property at 5058 Front Royal Pike on October 16, 2002. Inspection of the site revealed the presence of an automobile sales business, an automobile graveyard, a salvage rebuilder business Country Boys Auto Sales Appeal Page 2 February 11, 2003 and a roof sign. It was noted that two structures associated with these businesses had been recently constructed without proper zoning approval (no site plan or building permit submittal). These structures include an addition to the shop building on the property and a storage building located west, across Summit Avenue. Please see the attached Exhibit "A" illustrating buildings and uses located on the property. Research of County records indicated that Country Boys Auto was operating as an illegal non -conforming business and also had constructed an illegal sign. Subsequently, a notice of violation was sent to Mr. James Preston Riley on October 24, 2002, citing violations of Sections 165- 50 and Section_ 165-30(A)4. 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 165-30(A)4 lists sign types that are prohibited in all zoning districts; roof -mounted signs are an illegal sign type. Since the notice of violation was received by the applicant, the illegal sign has been removed and the applicant is no longer in violation of this section 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 1970 through 2001 and other County records. Research of the 1970 photograph indicated that there was no automobile display located on the referenced property, no automobile graveyard, and no shop building. As referenced in #10 on the appeal application, the applicant states that "this business has operated under continuous ownership since 1968" and the applicant contends that County Boys Auto should be classified as a legally nonconforming business. 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, auto graveyards, or salvage builder businesses. Copies of the relevant zoning ordinances are included in the agenda. Staff's research indicates that Country Boys Auto Sales specifies a start date of 1969 on their business license application with the Frederick County Commissioner of the Revenue's office. The Department of Motor vehicles records indicate that the Country Boys Auto Sales business has been licensed since 1983. The aerial photography research conducted by Planning Department staff indicates that uses began on this property between 1970 and 1981 and have progressed to their present state. Staff estimates that the automobile graveyard and storage building across Summit Avenue were established between 1997 and 2001. No evidence has been provided to staff by the applicant which would support that the three current land uses of automobile sales, automobile graveyard, and salvage rebuild were established on the subject property prior to March 1967. STAFF CONCLUSION FOR THE FEBRUARY 18, 2002 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. O-\Agendas\BZA\Staff Report\APPEALS\Backup of Country Boys Auto Sales.wbk f �,.._, ,I,, tom,' �! _ '� • t p ��a - �+,.` � e. � � � ii ." �"a;.. � � .� � A4p-�'� >�.. R � } ;! Z-0 4 f �:r � J-amp ,./ i_ y�g,,'y� Y- •1.: ♦ ��a' �'�,i � j y L 7 I fiy '' ��i i � ';: '4h, . � Fp,•.sf+ ar+x �a :.� s.�t'�� i..�, < s ,� T �. t r �f.,��F .r�� r, S • � � ,'r � tt I _ C � z J, 2 t!� �''y 24 *� rtYr r!-Z iy .�� X. � �+ : Vaz- •,�, �. 1 911 Ia+` y..a.2 1 ,+.rl r "',x P ��� F #C•M 11� "'. i Pf,'r br'F, xi' �i wT5 iG ".' _; `yy t kx ^r•'i. +' n ;; P '`' e` ` _ ".,�,g " tsy A A/ r`r'-W p'S bi r a r = Vs�L�Sa�FK 340 gz kp •ter -a �t x r c�4 `r. .+ - si. I' .: { z f .ei re 1'F 11 mar /A C '4i/' ml ■ ■ � d ii/ Bop— f� x h' b ! �i © Shap Building Q Auto Display � Storage Building Q Office 0 200 400 Feet �© Auto-aveyard Q Rolle Rink N b aaaaa �. a co co M co N W r 0 N m 0 Cm t�tG� ii Nb QQ o(D C .i� ~ o �Ze ^ �b �o J C? Q- �Q v > vd 4c,h ry C4 le N O Cyj co CV5 4Q ro Q 03 CO v4b A. co co^ ��� Z ^� C CF rT I� LLI °j z /P ¢ S Q v rn Q J 0 M ~ F �i .�+.6�°R,.,.•vn'^'.l+M+'pTYA'.F;'.r'gp'�"'�Sia�M- :Rg/.i:!:I'ayI?r!yluS�� y� i� � /• � { ' • � A YtYt -+b. 1 IYJt�'.:' 'i. �, a. � � v:.�...nY.. N ,r�� • i KONIN_G ORDINANCE,,_,l �'' ;' �4+�.'..._._...ru�ts�.w-::�t.�'�.ww✓rsznW. IA4C,.+,x.,W. w...w'�w'� • FREDERICK COUNTY, VIRGINIA F'4 c Effective March 13, 1967 .. 6trlci; A- 1 YARD REGULATIONS 2-5-1. Side. The minimum side yard for each main structure shall be fifteen (15) feet and the total width of the two (2) required side yards shall be thirty-five (35) feet or more. 2-5-2. Rear. Each Train structure shall have a rear yard of fifty (50) feet or more. 2-6. SPECIAL PROVISIONS FOR CORNER LOTS Of the two sides of the corner lot the front shall be deemed to be the shortest of the two sides fronting on streets. 2-6-2. The minimu., side yard on the side facing the side street shall be thirty-five (35) feet or more for both main and accessory building. ARTICLE 3, AGRICULTURAL, GENERAL, DISTRICT A-2 Statement of Intent Generally, this district covers the portion of the county into which urban -type development could logically expand as the need occurs. As a general rule it surrounds residential sections. Domestic water and sewerage facilities, police and fire protection, and other services necessary to accommodate urban -type development already exist in the district or can be economically extended as urbanization takes place. This zone is established for the specific purpose of (1) providing for the orderly expansion of urban development into territory surrounding incorporated areas within or adjacent to the county, (2) confining such development to such locations as can feasibly be supplied urban -type facilities, and (3) discouraging the random scattering of residential, commercial, and industrial uses into the area. 3-1. USE REGULATIONS In Agricultural District A-2, structures to be erected or land to be used, shall be for one or more of the following uses: 3-1-1. Single-family dwellings. 3-1-2 o Agriculture. 3-1-3. Dairying and fore stry. 3-1-4. General farming. - 3-1-5. Schools. - 4 - t O&W i a 1 L i ti. a 4 J♦ i, j O a 1 i.r is 1 4 l4 i CLL , �+ ♦ i Ci L C•, i, 4i 1 CJ L 1 �. �. {. w a— Y 3-1-6. Parks and playgrounds. r 3-1-7. _ Churches. 3-1-8. Professional offices (within occupant's dwelling). ' 3-1-9. Gift shops. 3-1-10. Antique shops. 3-1-11. General stores as defined. • 3-1-12. Beauty shops. 3-1-13. Barber shops. r 3-1-14. Motels with a conditional use permit. 3-1-15. Sawmills. 3 - l'-16. Planing mills. 3-1-17. Airports, with a conditional use permit. • - 3-1-18., Hog farms, with a conditional use permit. 3-1-19. Small boat docks (with repair). 3-1-20. Preserves and conservation areas. 3-1-21. Lodges.' 3-1-22. Hunting clubs. 3-1-23. Yacht clubs. 3-1-24. Cemeteries. 3-1-25. Horne occupations, as defined, conducted by the occupant. 3-1-26. Mobile home park in accordance with a conditional use permit and provisions contained herein. 3-1-27. Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities for the provision and maintenance of public utilities, • including railroads and facilities, and water and sewerage installations. O&W w.e ,�...�V w� J• 1-wUn l..aL'v.l t+. •, \n �.. ...�,L 4�, 1J45LZIC t. A -L I 3-1-20.. Off-street parking as required by this ordinance. 3-1-29. Accessory uses as defined, however, garages or other accessory structures, such as carports, porches aid stoops attached to the main building shall be considered part of the main building. No accessory building may be closer than one (I)foot to any property hie. 3-1-30. Business signs. 3-1-31. Church bulletin boards and identification signs, and c :arch and civic location signs. 3-1-32. Directional signs. 3-1-33. Home occupation signs. REGULATIONS The minimum lot area for permitted uses shall be twenty thousand (20, 000) square feet or more. 3-3. SETBACK REGULATIONS Structures shall be thirty-five (35) feet or more from any street right of way. Signs advertising sale or rent of premises may be erected up to the property line. This shall be known as the "setback line. " 3-4. FRONTAGE REGULATIONS The minimum frontage for permitted uses shall be one hundred (100) feet at the "setback line. " 3-5. YARD REGULATIONS 3-5-1. Side. The minimum side yard for each main structure shall be fifteen (lit and the total width of the two (2) required side yards shall be thirtyive (35) feet or more. 3-5-2. 3-6. Rear. Each main structure shall have a rear yard with a depth of thirty- five (35) feet.or more. HEIGHT REGULATIONS Buildings may be erected up to thirty-five (35) feet in height except that: - 6 - Ut:..'c;r ui , Listzi _t ri-2 .i 3-6-1. A public or semipublic building such as a school, church, library, or general 'hospital may be erected to a height of sixty (60) feet from grade provided that required front, side and rear yards shall be increased one (1) foot for each foot in height over thirty-five (3 5) feet. 3-6-2. Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennae and radio aerials are exempt. Parapet walls may be up to four (4) feet above the height of the building on which the walls rest. 3-6-3.. No accessory building which is within twenty (20) feet of any party lot line stall be more than one (1) story high. All accessory buildings shall be less than the main building in height. Agricultural accessory buildings are exempt from this regulation. 3-7. SPECIAL PROVISIONS FOR CORNER LOTS 3-7-1. Of the two sides of a corner lot the front shall be deemed to be the shortest of the two sides fronting on streets. 3-7-2. The minimum side yard on the side facing the side street shall be thirty-five (35) feet or more for both main and accessory building. 3-7-3. For subdivisions platted after the enactment of this ordinance, each corner lot shall have a minimum width at the setback line of one hundred twenty-five (125) feet or more. ARTICLE 4. RESIDENTIAL, LIMITED, DISTRICT R-1 Statement of Intent This district is composed of certain quiet, low-density residential areas plus certain open areas where similar residential development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage a suitable environment for family life where there are children, and to prohibit all activities of a commercial nature. To these ends, development is limited to relatively low concentration and permitted uses are limited basically to single unit dwellings providing homes for the residents plus certain additional uses, such as schools, parks, churches, and certain public facilities that serve the residents of the district, No home occupations (including room renting) are permitted. 4-1. USE REGULATIONS In Residential District R-1, structures to be erected or land to be used, shall be for one or more of the following uses: - 7 - APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Appeal Application # J "' .: e Submittal Deadline Submittal Date 2 4 o 2= For the meeting of se Fee Paid yes initials: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner X other . (Check one) PAWN-1110J1114NIM OCCUPANT: (if different) NAME: P. James Riley NAME: ADDRESS 2674 Front Royal Pk _ADDRESS: Winchester VA 22602 TELEPHONE: 540-869-1485 TELEPHO 3. The property is located at (give exact directions and include State Route numbers): 5058 Front Royal Pike White Post, Virginia 22663 (Country Boys Auto Sales - State Route 522) 4. Magisterial District: Opequon 5. 14 -Digit Property Identification No.: _ 94A-1-5-7 through 94A-1-5-18 94A-1-6-7 through 94A-1-6-18 94A -1-12A-12 and 94A -1-12A-13 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 SIGNATURE OF (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE - [Li APPEAL OVERRULED APPEAL SUSTAINED SIGNED: DATE: Rev. 1/97 ACTION: DATE J 2_2In2 DATE BZA CHAIRMAN 6. The existing zoning of the property is: RAI ( Rural Areas) 7. The existing use of the property is: Automobile sales and rebuildi 8. Adjoining Property: USE Z NIN North Roller skating rink RA East Farm RA South Residential RA West Residential (trailers) RA and auto rebuilding 9. Describe the decision being appealed. (Attach a copy of the written decision.) October 24, 2002 letter from Rebecca A. Ragsdale, Planner 1, requiring removal of the business from the property. Written decision is attached. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) This business has operated continuously under the same ownership since 1968. Such use commenced before any relevant zoning ordinances became effective, and its use should be grandfathered. 11. Additional comments, if any: The business pays approximately $880.00 per year to Frederick County in BPOL taxes, $6,000 per year in real estate taxes, and approximately $20,000 per year in DMV fees. It employs four persons full time, and is a valuable asset to Frederick County. Moreover, the business usage is consistent with the surrounding area. A requirement to shut -down the business would be an injustice and would damage the County and its residents. 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent t;, fl— proper;, for ;;,liich the appeal is heino -,night inclLidinu 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 nrope!u identification number.) NAME Geneva Riley Address 134 Summit Ave., White Post VA 226 Property ID # 94A -1-12A-7 John Canard Address 142 Summit Ave. White Post VA 226 Property ID # 94A -1-12A-9 Bernard Neff Address 152 Summit Ave., White Post VA 226 Property ID # 94A -1-12A-10 & 11 Roy Armentrout Address 5048 Front Royal Pike, White Post Property ID # 94A-1-5-5 22 William Trenary, III Address 1795 Ashby Station Rd., Front Roya 2-2 PropertyID # N/A - Located in Warren County P. James Riley Address 2674 Front Royal Pike, Winchester Property ID # Suzanne Thomas Address 146 Summit Ave., White Post VA 226 Property ID # 94A-1-11-1 Address Property ID # Address Property ID # Address Property ID # Address Property ID # 3 ,3 ,3 'A ,63 VA 63( A 02 3 M 1-0128/2082 09:13 5aB9693649 CQUN� BOY5 AUTO j PAGE 01 COUNTY Qctobcr 24, Mr. Jaw es Prdhon Riley W3)pront "I. -Al Pike ,:N White yft400341,?260 RZ® Cowl yBor Auto Sho c, 5058 Front Royal Pike Zonia Dixtrid: IM, (Ramal Areas) a� IdenMeation Nurabm (PIN): 94A-1-5-7 threno 94A-1.5-18, 94A-1 tbirougb 94A -I, -6 -18,94A -1-12A-12 and 94A -1-12A-13 I A - jl'lyt,b Dear W. , . cr-I your p!tp6W, bnnspecE= of ' Ow -site revealed t!ie pres=cpof an aaciwobuc mj� business,' Boys Aura Saks." Rosewch of County records'indicales that ihe Q and auto sales s were not established with proper zoning approval. Lu sccorda=e ith Section 165-50 ofthe Frederick County Zoning Ox4n9nce, auto aWes, groveyarcLs, al -salvage dealers;kebuildm are not pamned in the XA zoning dkUio- Th prwence oftb14e buskmsep on your property constitutes a vioWtion of the zoning ordir office will atIal (30) thirty days_ from receipt of this letter to resolve the viola6ou& Rg those -vi6lsfi may be =comphshed by cx:)mpletely =moving tho businc&w.ftm d 712ese bust wmdd. only be allowed with pvj= zoning- Auto sale U'a pernfitLed U, ywd B3 (indamai Tr=sition) zoning digricts. AlAdimobile gran (Indo trial Gewxal) zoning disl dr= we Ppmaitted uses m the N�M cv,cnt proper is achieved, a she plan would be requixed for the pmp=ty prior to est of any ivities on the property. As pict of the site PLM PrMess, site improve as paving of areas =d landscaping would be required, testi ins&Mtq of the propel, Lalso noted the prese.=e,of a roof mowftd Aga rcadln -Ekoy&" In with Spttion 165-30(Ayt of the Fredcri4 Coumty.Zoning Ord s am ited in W) among districts- Tlvrefom, Ah- sign as noted en the rvof signti -1-his office will allow (30) thirty days frog this letter for lution of the violation. Resolution of this violation can be actiiewd die aign- I Tra -1-H, . n I n" C.Mq I -j I hid-nr 1-- F7=2RICK E�*V,kpmeat dijw, the =. TWS Otion of rmopem- Iwa-6M.- -- rards and Dt- In the such .-Country anw, r6of F the strop IVMPt of removing OC- :TT 7PP7!PTITT 7.9/28121302 E19:13� 5488693649 CGLNTRY BOYS AUTO i PAGE 82 Pa3g,: 2 Mr. Junes P Re: country Octoter 24, You may 1merin al raug be tilad with.tile) requires the s •aqT.e4led„ the any other inft is mccapmd, i° Failure to crn being filed as .have ax (540) Sincer�ly% Rebecca A- PlK=W I RAR/k= , Riley Auto Sa%es the right to mai Uaiis notice ofviolation withitz thirty (30) days of t in= with Section 15,2-23 11 of the Cade of Virgiasia. Tbis decisiou si- f it is not appeded within thiry (30) &-yys. Should you choose to app ith the Zoning AdrnwLitmto>; and the Bonn of Zoning Appeals (BZA,) J, Section 153-1SSA(i), of the Fxd=ick Cowity Zoning Oedinatcc. ' =18sicm of a�d apPbCaboa form, a written statement setting forth the c Ae of d=ision., the g roun4b for the gppeal, how O.,,e appellanr is an ag Udon you may waist to submit, and a $250.00 Filing &e. Once the aM dD be scheduled far public hearing and decision before the BZAI with the Frederick County ZaMM Ordmmxe will result in a e a : you ?Kase do not hesitate to contact = regarding any questions I 5651. N 4aft of fts he final aid &C ap is Mvision :Woxxbcw ,a%md patty. application COMP -ant it you may Ica g9VA n.LAV SAOU Admnm 6b96698©b5 95:TT Z99Z/cT/TT APPEAL APPLICATION #02-03 OF ALLIED SYSTEMS CORP. Staff Report for the Board of Zoning Appeals Prepared: February 7, 2003 Staff Contact: Rebecca Ragsdale 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: January 21, 2003 - Action: Tabled February 18, 2003 - Action: Pending LOCATION: This property is located at 1936 Millwood Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64 -A -80F and 64 -A -81A PROPERTY ZONING & USE: Zoned: M1 (Light Industrial) District Land Use: Industrial ADJOINING PROPERTY ZONING & USE: Zoned: M1, MH1 (Mobile Home Community) District and RA (Rural Areas) District Land Use: Vacant and Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance concerning Zoning Ordinance violations of site plan and parking lot requirements. REASON FOR APPEAL: The applicant has submitted a site development plan for review and intends to complete the required site work by Spring of 2003. Please see attached letter dated November 26, 2002, from Claus Bader, P.E., Director of Engineering at Bowman Consulting Group, Ltd. Appeal #02-03 by Allied Systems Corp. Page 2 February 7, 2003 STAFF COMMENTS: On October 16, 2002, the Department of Planning Development received a complaint regarding alleged tractor trailer parking violations on the referenced property. Inspection of the site revealed employee and tractor trailer parking that was not in accordance with the approved site plan for the property. It was also noted that the vehicles and trailers were parked on unimproved areas of the property, not in accordance with the parking requirements of the Frederick County Zoning Ordinance. (Please see attached photographs, Exhibits "A" and `B"). A notice of violation was sent to Allied Systems on October 30, 2002 citing violations of Sections 165-147, 165-27E(1), and 165-27E(2). Section 165-147 of the Frederick County Zoning Ordinance requires that all improvements and construction on a site shall be in conformance with the approved site plan and the requirements of the Frederick County Code. Section 165-27E(1) of the Frederick County Zoning Ordinance states that all parking areas in the M1 Zoning District must be paved. Section 165-27E(2) states that all parking areas in the M1 Zoning District must have space demarcation. As referenced in the applicant's attached letter dated November 26, 2002, two site plans were submitted to the Department of Planning and Development on November 26, 2002. One site plan is for an employee parking lot and one is for construction of warehouses. The warehouses are intended to provide storage for Allied Systems. They are currently using the tractor trailers parked on the property as storage. To date, both site plans have not been yet been approved. Staff has reviewed the submitted site plans and review comments were returned to the engineer. Site plan revisions addressing these comments have been received and are currently under review. The site plans are not yet approvable due to outstanding staff comments and review agency approvals. The applicant also states in the letter dated November 26, 2002, that he was aware of the referenced Zoning Ordinance requirements and acknowledges that the property is in violation of the Zoning Ordinance. In November 2001, building permits were issued for townhouses to be temporarily constructed on the property. Planning staff advised the applicant of the site plan requirements at that time. STAFF CONCLUSION FOR THE FEBRUARY 18, 2002 MEETING: Staff is requesting affirmation of the Zoning Administrator's determination that the subject property is currently in violation and remains in violation of Sections 165-147, 165-27E(1), and 165-27E(2) until all the required site work is complete. File: 0-\AGENDAS\BZA\STAFF REPORTWPPEALS\ALLIED SYSTEMS CORP_ FEB 03 REPORT. DOC .1-71 aB"'OCE 'i.�y� µi ..... C 0 N S U t_, 7 1 N November 26, 2002 Mr. Patrick Davenport, Zoning Administrator Board of Zoning Appeals County of Frederick Department of Planning and Zoning 107 North Kent Street Winchester, VA 22601 RE: Allied Systems PIN: 64 -A -80F and 64 -A -81A VIA Hand Delivery Dear Mr. Davenport: On behalf of our client, the owners of Allied Systems Corporation (Annandale Millworks), I am hereby appealing the notice of Zoning Violation issued on October 30, 2002 in accordance with Section 15.2-2311 of the Code of Virginia. Specifically, we are appealing three violations. The Violations of Sections 165-27E (1), (2) and 165-47. These deal with the disposition of parking, loading spaces and conformance with the approved site plan. This appeal is justified as we have been in the process of developing site plans for the property. These plans propose the construction of a parking lot for the existing building, construction of a new state road to serve the property and construction of a 48,000 square foot warehouse to store the materials currently being stored in trailers. This warehouse plan also provides for a screened finished goods storage area. All three of these plans (copies included) have been submitted to the various review agencies and we are awaiting comments. We have submitted plans to the Planning Department in advance of review all of the agency comments in an effort to speed up the approval process. Our client is committed to construction of these projects in the Spring 2003, immediately following plan approval. Based on the above, we believe that granting the appeal to these Zoning Violations is justified as the owner was already working on plans to resolve the violations prior to receiving the notice. Bowman Consulting Group, Ltd. 124 East Cork Street . Winchester,VA 22601 Phone: 540.722.2343 . Fax_ 540.722.5080 . www.bowmanconsulting.com Patrick Davenport, Zoning Administrator BOARD OF ZONING APPEALS Page 2 of 2 November 26, 2002 Please feel free to call upon your review of the submitted materials should you have any questions or require additional information. Claus Bader, P.E. Director of Engineering Attachments cc: Robert Frogale, Allied Systems Tom Chasler, Attorney at Law RECEIVED NOV 2 7 2002 FREDERICK COUNTY PLANNING & DEVELOPMENT 1 s.l �f.:a. �`�ry`� - °� �� fli � � � �r �- rr�,, k .:�� �, " ry'��� +F _ .., a.,< s '� — i �"�( �� � ., `�,j e . [[fi 5., �� £ A <�' ",. j ~�" YP � T- P `k v .. !': � � s �„�c �i, r� s':m � N` ��� �' �* .. .� �� k 'tib �� �» .' ,, „ ry�.� �a '�- ' ' " ,�- x � '�'= },,_ P, -':� ::. _., _�` .._.: _ ,.. � _ _tis:-. a -� �,.. ;,., t� >�, _ .;, � u'�. - �� �_ .... ;�; -,x: ';: ;,rt .. ri* ��; , �� _. ... , r n�..- ,',:� d � �. � � �� L O E co ® N UL O ��/ �/�� co co 1 � z N N LL O CD;i z�h O O 3 p �9u, 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 other X . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: ow,�nr)ti r _ :.x 0 1-M - ',: } ADDRESS I?A- Ccs is T` TELEPHONE: 7 4() - ? 4 a ADDRESS:: 1►�, R , t �T{ TELEPHONE: S4�%-S6:; 3. The property is located at (give exact directions and include State Route numbers): SouTH SIDE a-:7 -RC%AT 4. Magisterial District: 5. 14 -Digit Property Identification No.: 64 -f? —301F r4 _F 6. The existing zoning of the property is 7. The existing use of the property is 8. Adjoining Property: USE North East South West m I ' TV, 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.) SEE (-) 11. Additional comments, if any: OW f�k 1'7 F6-1--�D C1.7 -17"r- ' F 771 7 t- - '� ; - �' f '�1-77'7�;' C(2W I Tfr 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; anti in firont of (a�rnce greet f ,., l « �.. ii r__ -JJ'-' ..,,..�I the subject propc.Ly. kvsC dditional pages if necessary.) These people will be notified by mail of this application: (Please list complete 14 -digit property identification number." NAME o�ef'e�x:9 � Sc��r1 Address LA L' V� GVol Property ID # (y)i Address tApQ �j l0� Property ID # -T fn Q(4 Address -a F, Property ID # (_O LA �>> Address 3`� b �' Kc n i ►`F,oc�cl L— FFG Snv�:�r-rno-►�-s , tic. Property ID # C`�var�l�n. Address 15 Z ►lwoccl 1�- . K e. Property ID #--j-C>_y MCL lQL#, vscp Address 11L'1S Yr.1 avacc el 'p;1�- esMc.-� W Katyr� Property ID # 'j'm Loy ro I Address ti'Y1��1r0 7(' C (, Property ID # LA rcx-A S-7 Address 1S y2 M'.^K-9 ^ Property ID # MLA TC,. C,,_A Address Property ID # Address Property ID # Address Property ID # AGREEMENT APPEAL it I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretationof the County Zoning Ordinance as described herein. I agree to comply with any conditions required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT DATE GI a 5 oa SIGNATURE OF OWNER °'"��► DATE l/ LJ _� (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPEAL OVERRULED J APPEAL SUS'T'AINED SIGNED: � BZA CHAIRMAN DATE: File KAWP�CMMAPFUCATAPPEAL R". 1/97 RECEIVED NOV 2 7 2002 FREDERICK COUNTY PLANNING $ DEVELOPMENT