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BZA 07-15-03 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia July 15, 2003 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of June 17, 2003 PUBLIC HEARING 540/665-5651 FAX: 540/665-6395 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 from Route 277 south on Town Run Lane approximately one mile (at end of hard surface) and identified with Property Identification Numbers 85-A-70, and 85-A-13713 through 137E in the Opequon Magisterial District. 4) 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, at the bottom of the hill, and identified with Property Identification Number 40-A-135 in the Back Creek Magisterial District. 5) 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 65A-((7))-8 and 65A-((7))-9 in the Shawnee Magisterial District. 6) Other 107 North Kent Street • Winchester, Virginia 22601-5000 FILE COPY OEM F7 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 June 17, 2003. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Theresa Catlett, Vice Chairman, Opequon District; Thomas Malcolm, Shawnee District; Dudley Rinker, Back Creek District; Lennie Mather, Red Bud District; Robert Perry, Stonewall 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. MARCH 18, 2003 MINUTES: On a motion by Mr. Perry and seconded by Mr. Malcolm, the minutes for the March 18, 2003 meeting were approved as presented. PUBLIC HEARING Variance #05-03 of Aaron N. Tweedie for a 25 -foot and a 52 -foot front yard setback variance for a corner -lot parcel for the construction of a primary residence. This property is located on Retreat Lane in the Shockeysville area of Frederick County. The subject property is identified with Property Identification Number 8-1-4-14A in the Gainesboro Magisterial District. ACTION - APPROVED Patrick T. Davenport, Zoning and Subdivision Administrator, gave the background information. After describing the setbacks and circumstances regarding this request, Mr. Davenport told the Board that his site visit to this property confirmed the applicant's assertion that the majority of the property does contain topography that can be considered exceptional in nature. It is staff's opinion that, due to the existing topographic conditions of this site, granting of this variance as submitted would be appropriate. Chairman Larrick asked if there were any questions for Mr. Davenport, and Ms. Catlett responded not at this time. Frederick Co. Board of Zoning Appeals Minutes of June 17, 2003 1 Minutes Book Page 1179 Chairman Larrick asked the applicant to identify himself, which he did, as Aaron Tweedie. Chairman Larrick asked Mr. Tweedie if there was any information he would like to impart to the Board. Mr. Tweedie stated that the right-of-way known as T urkey Ridge Drive and Deer Run Drive have both been obstructed and unused since September 13, 1996, and there is an Affidavit from the previous property owner to state this fact. Mr. Tweedie went on to say, as Mr. Davenport stated, that with the topography, there is no place else on this property to build because of the steep ravine, a creek running through the bottom, and there are only two level spots on the whole property. Chairman Larrick asked if Deer Run Drive is part of the subdivision and Mr. Tweedie stated that it is part of the original subdivision road which was made in 1975. Mr. Tweedie displayed some pictures of the intersection of Deer Run Drive and the new right-of-way which links up Turkey Ridge Drive to Deer Run Drive, showing that the road on the right is in use, it goes up the hill; the one that meanders off to the west is not in use and hasn't been in use for quite a while. Mr. Tweedie also displayed pictures of Turkey Ridge Drive, showing that basically these are paper roads, not roads which are in use. There was also a picture showing the obstruction on Turkey Ridge Drive. Chairman Larrick asked if there are any improvements on the property. Mr. Tweedie stated that he has excavated for a basement. He has not been to a financial institution yet to obtain financing because he realized the fact this is a paper road could lead to a financing problem. Chairman Larrick asked if Mr. Tweedie owns Lot 20 and Mr. Tweedie answered that he owns Lots 20, 21 and 14A. Mr. Malcolm asked if Lot 20 is a building lot. Mr. Tweedie replied that all three lots are buildable; however, he is putting his residence on Lot 14A. Mr. Tweedie stated that when the right-of-way was made in 1996, they effectively linked up Deer Run Drive with Turkey Ridge Drive, skirting the edge of Lot 14A, so that there wouldn't be a need to traverse the middle of the property of Lot 14A. Mr. Perry asked for the distance from the house site to the drainfield site and Mr. Tweedie responded that he was unsure. Mr. Perry said it looks like it's downhill and then back uphill again, and Mr. Tweedie said it is. Mr. Tweedie said that basically he has to have the septic running down, off to the side of the old right-of-way. The septic will be near the pond and it will have to be pumped back uphill to the drainfield. Mr. Rinker asked if the Affidavit from the Browns supported Mr. Tweedie's variance. Mr. Tweedie stated that it did. Ms. Catlett asked why Deer Run Drive is no longer a legal road any longer; because that is how she is interpreting what Mr. Tweedie is saying, that it would no longer be used as a road. Mr. Davenport responded that when a right-of-way exists on paper, whether it is there in reality or not, Zoning requires a setback from the right-of-way. The way to remove that would be for Mr. Tweedie and the property owners that would benefit from it if it was a road, there is an exercise to vacate it. Since it is now marginally a path at best, it is still a right-of-way and considered the same as a state road. Ms. Catlett asked if there is anything in the works to have it vacated. Mr. Tweedie answered Frederick Co. Board of Zoning Appeals Minutes of June 17, 2003 2 Minutes Book Page 1 180 no, there is not. He did look into that; however, it would require his getting in touch with 28 people in the subdivision and getting notarized signatures from all 28 people. If the road was in use, he would have pursued that; however, since it hasn't been in use, he did not pursue it. Mr. Perry asked if that had to be done to make the variance viable. Mr. Davenport responded not necessarily; the variance could still be granted with the right-of-way in place. Mr. Perry asked if it is recorded as a public right-of-way. Mr. Davenport answered that it is a private right-of-way for the benefit of the other lots that may access it, but not a public right-of- way. Mr. Davenport stated that, theoretically, the Gregory parcel to the north of Mr. Tweedie's property could benefit from that right-of-way. Mr. Tweedie added that this was the road the Gregory lot would use in the 70's, but the little private road displayed in the picture is the Gregory's driveway. Chairman Larrick stated that if the right-of-way was vacated, Mr. Tweedie would probably not need the variance; however, Mr. Tweedie is not requesting that the right-of-way be vacated. Chairman Larrick asked if there were any more questions and if Mr. Tweedie had anything to add. The Board and Mr. Tweedie did not have anything further to add. There was no one else present to speak for or against the application; therefore, the public portion of the hearing was closed. DISCUSSION: Chairman Larrick asked if there was any discussion among the members of the Board. There was no response. Chairman Larrick asked for a motion. Ms. Catlett made a motion to approve the variance request as submitted; Mr. Perry seconded the motion, which passed by unanimous vote. BE IT RESOLVED, THEREFORE, That Variance Application #05-03 of Aaron N. Tweedie was unanimously approved for a 25 -foot and a 52 -foot front yard variance for a corner -lot for the construction of a primary residence. OTHER BUSINESS: Chairman Larrick asked Mr. Davenport for the cut-off date for the next BZA meeting and Mr. Davenport responded that it is Friday, June 20t' , and that two appeal applications are on the agenda. Chairman Larrick asked Mr. Davenport the date of the next BZA meeting, and Mr. Frederick Co. Board of Zoning Appeals Minutes of June 17, 2003 3 Minutes Book Page 1181 Davenport answered the date is July 15`x'. Chairman Larrick stated for the benefit of the Board, and specifically for the Vice Chairman, that there is going to be one matter next month in which he will be unable to participate. Mr. Davenport introduced Bev Dellinger as the current Secretary for the Board of Zoning Appeals, as Carol Huff has been promoted to another position. Mr. Rinker stated that Ms. Huff was made Secretary by the Board last January, and there should be a transfer of powers to Ms. Dellinger. Mr. Rinker moved to elect Ms. Dellinger as BZA Secretary; Mr. Perry seconded, which passed by unanimous vote. Mr. Davenport asked if everyone received a copy of the Legal Determination that Mr. Mitchell prepared regarding the appropriateness of contact outside of Public Hearing. Mr. Davenport stated that this is for the Board's information, if anything should come up. Chairman Larrick stated this brings up the issue of if the Board wants to have a policy with respect to that. He stated it may be something to think about. Chairman Larrick likes the fact that you can talk to people informally, but the world is getting more formal than it used to be. Mr. Malcolm asked what brought the opinion about; did someone request it? Ms. Catlett stated that when she, Ms. Mathers and Mr. Perry attended the seminar in Leesburg recently, it was brought up that there should be no discussion among any of the Board members or that the Board members should not discuss with any of the other parties - applicants, etc. Chairman Larrick stated that unless someone wants to make a motion today, the Board members should think about whether or not a policy is needed. Mr. Davenport asked if anyone was interested in having Adelphia Cable televise the BZA meetings. The Board responded no, they did not wish the meetings to be televised. There was no other new business; therefore, the meeting adjourned at 3:45 p.m. by unanimous consent. Respectfully submitted, James Larrick, Jr., Chairman Bev Dellinger, Secretary Frederick Co. Board of Zoning Appeals Minutes of lune 17, 2003 4 Minutes Book Page 1 182 APPEAL APPLICATION #06-03 WILLIAM LARRY RAMEY and ELIZABETH RAMEY (B & B TRUCK SALES) Staff Report for the Board of Zoning Appeals Prepared: June 23, 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: July 15, 2003 - Action: Pending 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/truck 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 JULY 15, 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. 11mom ■■■COMMUM ■■■■■■■ ■■■Comm■Common ■ MOMMOO OWN 1 �1 ■■ H H tl i1 a ♦ "`�r�9,&F` t `'v xi'�13 r, �" Is; i x '>+ Fs'i� 14 ZNM l� +��•q'/'/j��, ,�j� moi, is- T �{'1.�, 9t� ;��^4 Q �°.�` 1>V ''- art � - a 'Yj� •• 'V 9�'�� y� f rA tf rl 4 �`. y 'L+pa b•i . �F U� y r w1 •'i'L � � x1.1 _ '11L �#r. � ✓l f .. 0 J � n w $ � � j ma o •q ! §�r-I � `( ao� LOm �| k**/AODa 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 2. APPLICANT: William Larry Ramey Elizabeth Ramey NAME: (Check one) OCCUPANT: (if different) 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 hard surface). 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 sales; business not established with—prGper- 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 guilty by the Frederick Counter f i rr6 t Court. The Rameys bel i @y and allege that the automobile graveyard/truck resale business non-Eonforming use las beenr.�ndfathered. 11. Additionalcomments, i 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 137B, 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 1.41 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 Z-Ulling North 85 A 138 A gricultural PIP 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 Erom) the subject property.(Use additional Pages if. necessary.) These people will be notified by mail of this application: (Please list complete 14 -digit properly identification number.) SEE ATTACHED EXHIBIT NAME 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. Name 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 L. and Deborah M. 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 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 CERTIFIED MAIL June 26, 2003 DMV Dealer Board 2201 West Broad Street Suite 104 Richmond, Virginia 23220 RE: Request for Information Dear Sir/Madam: We are requesting information on an automobile dealer that is in our locality. The name of the business is B & B Truck Sales and it is owned by Mr. William Larry Ramey. The address for this business is 824 Peace and Plenty Lane, Stephens City Virginia 22655. We are requesting information pertaining to when B & B Truck Sales first obtained a license to sell vehicles from DMV. We would greatly appreciate you sending any information pertaining to this topic to us. Enclosed is the $5.00 fee we were told that you needed to process this request. Please do not hesitate to contact me if you have any questions about our request at (540) 665-5651. Sincerely, P/J-cv,/;(�jc"VI-111v1h, Patrick T. Davenport, C.Z.A. Subdivision and Zoning Administrator PTD/CEM/rsa Enclosure UACandice\Violations\RA\B & B Truck Sales\DMV.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 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 O ,,.� DATE —0 SIGNATURE OF OWNER (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE - APPEAL OVERRULED APPEAL SUSTAINED SIGNED: ACTION: �j DATE: File! KAWP\CMN\APPLICAT\APPE.4L Rev. 1197 DATE BZA CHAIRMAN 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). H. RONALD BERG PLANNING DIRECTOR DOROTHEA L. STEFEN ZONING ADMINISTRATOR -Arebierirk Countu pepartmrnt of 1hanning ani Ei�Etn mint CERTIFIED MAIL October 24, 1978 P. O. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA Mr. William Larry Ramey Route 1, Box 403 Stephens City, Virginia 22655 Dear Mr. Ramey: As a result of the court decision on September 19, 1978, this office recognize: --that at she time of the adoption of the Zoning Ordinance, thsre were five to rave eight vehicles on your property. Since the Ordinance defines automobile g yards as having five or more inoperable vehicles on a property, it 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 - „ , A/ �� � ,_ i a �r`(w _.. X3366 i 7ieN/ s,..T ..f;,;, 111111 IFI IF AAF rc� m i` —_ I. s� i ,�_ / ' /va`r� I �i �iiylL! ice. iL j 11 1111 1 F111 1.: i y♦ / -11 iii i 7ieN/ s,..T ..f;,;, 111111 IFI IF �M , V .11111prIIIIIIIIII, .� ♦'� i 1. f3-1 W-1 5111 Pill I ll 111111p mp! 111, 1 Ill 11 111 r@ ��. Pill ZY,- - ,i ' Pro I6AN W-1 mg wi�affl/ / a w ;w,;+�er��ill�da:� �. ;, � i�<� r uIi � it , ' -e / a� a - " Lrf .:.� ' ♦1 r � i ri /ten � 'ArIllf �' All �/�fjd.Cv✓v� f'a �^"/P6�GlM,C�f� % �L g�'r , .(i�'�R(/rt/ , a,�,a'� -I.40 aoox 49 FxE 825 IN THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA COUNTY OF FREDERICK V. WILLIAM LARRY RAMEY ORDER CRIMINAL DOCKET NO. 3395 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 Ordnance on June 2, 1978. WHEREUPON, a venire of eleven (11) was called, sworn and qualifiel according to law and consisted of the following: Rose Butler, William Virgil 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 vera 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 jiry which was followed by an opening statement by the Attorney for the Defendant. -2 - BOOM 49 Pa 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 Court's 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 argumen of counsel, the Court denied the Defendant's motion and the Attorney for the 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 %ere follow by a rebuttal argument by the Attorney for Frederick County. rhe 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 - BOOK 49 [ACE 82?, WHEREUPON, there being no objection to the form of the verdict, said verdict was recorded and the jury excused from the Courtroom. I'he 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 6A— d ay of . 1978. r q we� 71 /* 142 59 296- is7 2Pts. 59 2 pts. IN ® � 138 134 j - 137D ro 133 C T/ a Al COMMONWEALTH OF VIRGINIA CERTIFICATE NO: DIVISION OF MOTOR VEHICLES -3/-26 This, is to Certify that: WIL L I M-1 L RAMIEY Ti A b & B USED KT I BOX 403 S TE PHEN S CITY VA 22655 is hereby licensed as a USED MOTOn 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 1975 '�/,'/" > ,/°- COMMON NVEALTH OF VIRGINIA CERTIFICATE NO. DIVISION OF MOTOR VEHICLES 1 3220 This is to Certify that: i,1LL n, .,; L f�'Ar -Y Tip, e & E UStD ♦ J Ki 1 W X 403 S f EPIAr\1S %I7Y VA 22655 is hereby licensed as a USED }�C'TLjR VE111,Lr: - f;LU_ to engage in the business of selling ,40TH VZhICLES 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 t t i SERIAL NUMBER I Si ` OF U,- J U, UY I T COMMONWEALTH OF VIRGINIA CERTIFICATE NO. DIVISION OF MOTOR VEHICLES 1 3L"? CS This, is to Certify that: WT LL T ` ;;,^.°v,ry lir 13 3Sra= RT I BnX 403 STFPHE"IS !:TTY VA 22655 is hereby licensed as a USED PiOT .IR VEH I k_. L ` F AL E P to engage in the business of selling MOT0Q VZ-HICL1- i 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 Is Cr) "UG',JST 5TH 1976 COMMON WEALTH OF VIRGINIA CERTIFICATE NO. DIVISION OF MOTOR VEHICLES 3226 This is to Certify that: WILLIAM L RAMEY TSA B E B USED CARS RT 1 BOX 403 STEPHENS CITY VA 22655 is hereby licensed as a USED MOTOR, VEHICLE 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 ISSUED JULY 1ST 1577 DLD-I REV. 9176 COMMONWEALTH OF VIRGINIA, CERTIFICATE NO. IVISION OF MOTOR VEHICLES 3226 This -is to Certify that: WILLIAM L. RAMEY T/A B E E USED CARS RT 1 ECX 403 STEPkEhS 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 01910 DLD-1 Rev. 10/77 ISSLEE JLLY 1ST 1578 COMM®NWEALT H OF VIRGINIA CERTIFICATE NO. DIVISION OF T� VEHICLES 3226 This is to Certify thai: WILLIAM L RAMEY T/A B S 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 Commonwealth of Virginia until the 30th of June, 1980 as provided in Chapter 7, Title 46. 1, Code of Virginia (19 50) as amended. iV44L COMMISSIONER, DIVISION OF MOTOR VEHICLES s - a i f k� 61 '� JULY 1ST 1979 SERIAL NUMBER ISSUEQ DLO -1 Rev. 10178 COMMONWEALTH OF VIRGINIA CERTIFICATE NO. DIVISION OF MOTOR VEHICLES 3226 THIS IS TO CERTIFY THAT:WILLIAM L R.AMEY T/A B S B TRUCK SALES RT I 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 DEALER ISSUED: 07/7/80 EXPIRES: 03/31/81 COMMISSIONER, DIVISION OF MOTOR VEHICLES SERIAL NUMBER 02170 D LD -1 Rev. 11/79 COMMONWEALTH OF VIRGINIA CERTIFICATE NO, DIVISION OF MOTOR VEHICLES 3226 THIS IS TO CERTIFY THAT: WILLIAM L RAMEY T/A B E B TRUCK SALES RT I` BOX 403 ST'EPHENS 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: 03/01/81 EXPIRES: 03/31/82 SERIAL NUMBER 03164 DLO -1 Rev. 09/80 COMMISSIONER, DIVISION OF MOTOR VEHICLES COMMONWEALTH OF VIRGINIA CERTIFICATE NO. DIVISION OF MOTOR VEHICLES j.26 ISSUED: "i,3/17i82 b✓i �i/�-=-�....� EXPIRES: 03/31/83 COMMISSIONER, DIVISION OF MOTOR VEHICLES SERIAL NUMBER 14063 DLD-1 Rev. 09/80 COMMONWEALTH OF VIRGINIA CERTIFICATE NO. DIVISION OF MOTOR VEHICLES 3226 THIS IS TO CERTIFY THAT: W I L L I AM L RAM EY T/A B- & 8 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 MUTQR VEHICLE DEALER ISSUED: 03/31/83 EXPIRES: 03/31/84 SERIAL NUMBER 35437 DLD-1 Rev. 69/86 /. � '- ' &'/ , � - It /-, Z-/� � COMMISSIONER, DIVISION OF MOTOR VEHICLES COMMONWEALTH OF VIRGINIA CERTIFICATENC. DIVISION OF MOTOR VEHICLES 3226 THIS IS TO CERTIFY THAT: WILLIAM L RA M E Y T'/A B C B TRUCK SALES RT. 1 BOX 403 STEPHENS CITY VA 22655 IS HEREBY LICENSED AS PROVIDED IN THE VIRGIMA MOTOR VEHICLE DEALER LICENSING ACT, CHAPTER 7, TITLE 46.1, CODE OF VIRGINIA, AS AMENDED. LICENSED TO DO BUSINESS AS: USED M OT DR VEHICLE DEALER ISSUED: 03/01/84 �� E 4 EXPIRES: 03/31/85 COMMISSIONER, DIVISION OF MOTOR VEHICLES SERIAL NUMBER 39411 D LD -1 Rev. 09/80 COMMONWEALTH OF VIRGINIA CERTIFICATE NO. DIVISION OF MOTOR VEHICLES 3226 THIS IS TO CERTIFY THAT: WILLIAM L RAMS -Y T/A B & B TRUCK SALES RT 1` BOX 403 STEPHE:NS CITY VA , 22555 IS HEREBY LICENSED AS PROVIDED IN THE VIRGII`IIA 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. O?/01/85 EXPIRES: 06/30/85 SERIAL NUMBER 42602 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: WILLIAM L RAMEY TIA B $.B TRUCK SALES RT I BOX 403 STEPH€NS 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 CEALFR ISSUED: 09/23/85 EXPIRES: 06/30/BG SERIAL NUMBER 48597 OLD -1 Rev. O9/80 COMMISSIONER, DIVISION OF MOTOR VEHICLES COMMONWEALTH OF VIRGINIA CERTIFICATE NQ. DEPARTMENT OF MOTOR VEHICLES 3226 THIS IS TO CERTIFY THAT: WILLIAM L R A M E Y T/A:B :RUCK SALES RT _1 .BtJC 43 51EfTY' VA`• '2655 IS HEREBY LICENSED AS PRCVID LICENSING ACT, CHAPTER 7; TjTI LICENSED TO DO BUSINESS AS:` ISSUED: 05/23/86 EXPIRES: 06/30/87 SERIAL NUMBER 65219 D L D-1 Rev. 12/84 TN THE VIRGINIA ]MOTOR VEHICLE DEALER 4f 1, CODE QF' VII--GINIA, AS AMENDED. SEB 0Tq :yEN.ICLE DEALER COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES COMMONWEALTH OF VIRGINIA CERTIFICATE NO. DEPARTMENT OF MOTOR VEHICLES 3225 THIS IS TO CERTIFY THAT: WILLIAM L R A M E Y IS HEREBY LICENSED AS PROVi LICENSING ACT, CHAPTER 7T LICENSED TO DO BUSINESS AS: ISSUED: 05/27/87 EXPIRES: 06/50/88 SERIAL NUMBER 77327 DLD-1 Rev. 12/84 COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES COMMONWEALTH OF VIRGINIACERTIFICATE NO. DEPARTMENT OF MOTOR VEHICLES 3226 THIS IS TO CERTIFY THAT: WILLIAM L RAME Y T/R SALES ►(3 S7 EP.HE m lir"2 2 6 55 IS HEREBY LICENSED AS PROV: LICENSING ACT, CHAPTER 7,`TI LICENSED TO DO BUSINESS AS: .pHE;VIRG CODE O1 'NOTOR MOTOR VEHICLE DEALER GINIA, AS AMENDED. LE DEA LER ISSUED: 06/06/88 `� E EXPIRES: 06/30/89 COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES SERIAL NUMBER 90089 D L D-1 Rev. 12/84 COMN,ONWEALTH OF VIM SIA DEPARTMENT OF MOTOR VEHICLES CERTIEItATE NUMBER: 3226 ISSUED: 06/19/89 EXPIRES: 06/30/90 THIS IS TO CERTIFY THAT: 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 CSR :'IF 1 THAT: WILLIAM,.L. RAMEY T/A 8 E.,B ,TRUCK;:ULES RT 1:80k-403 S TEPHEINS CITY _VA 22655 IS HEREBY L ICENSEO, AS PROVIDED IN TH'E VIRGINIA MOTOR VEHICLE DEALER LICEASING ACTe CHAPTER 15 TITLE 46.2, CODE OF VIRGINIA TC ENGAGE IN TFE i3USINESS AS AN INDEPENDENT MOTOR VEHICLE DEALER IN USED MOTCR VEHICLES IN THIS COMMONWEALTH. SERIAL NUMBER 0 2 3 5 5 6 DLD-1 Rev. 1/89 COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES COMMONWEALTH OF VIMAA DEPARTMENT OF MOTOR VEHICLES CERTIFICATE NUMBER: 3226 ISSUED: 06/27/91 EXPIRES: 06/30/93 THIS IS TO CERTIFY THAT: W LLIAM L RAMEY T/A B - I B TRUCKSALES RT 1 BOX 403 STEPHENS CI=TY VA 22655, IS HEREBY LICENSED, AS PROVIDED IN THE VIRGINIA MOTOR VEHICLE DEALER LICENSING LAWSt CHAPTER 15 -TITLE 46.2y CODE OF VIRGINIA TO ENGAGE IN THE BUSINESS AS -AN INDEPENDENT MOTOR VEHICLE DEALER IN USED MOTOR V"EHICLES IN THIS COMMONWEALTH. SERIAL NUMBER 0 6 e 1 % 5 DLD-1 Rev. 1/89 COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES COMlviONWEALTH OF VIMNIA DEPARTMENT OF MOTOR VEHICLES CERTIFICATE NUMBER: 3226 ISSUED: 06/22/93 EXPIRES: 06/30/95 THIS IS TO CERTIFY THAT: WILLIAM_ L'RAMEY: T/A B-'&-, ; 8. TRUCK SALES 824 PEACE &'..PLENTY LANE STEPNI NS .CI --TY VA --,22655 IS HEREBY LICENSED, ASPROVIDED IN THE. VIRGINIA MCTOR VEHICLE DEALER LICENSING LAWS, CHAPTER15 TIT E,46.2, CODE OF VIRGIN -IA TO ENGAGE IN THE BUSINESS "AS- AK INDEPENDENT MOTOR VEHICLE DEALER IN USED MOTOR VEHICLES IN THIS COMMONWEALTH. SERIAL NUMBER 0 _ 8 1. 1.• DLD-1 Rev. 1/89 COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES .r COMMoNWEALTH OF VIRGI1, A DEPARTMENT OF MOTOR VEHICLES CERTIFICATE NUMBER: 3226 ISSUED: 06/26/95 EXPIRES: 06/30/97 THIS IS TO CERTIFY THAT: WILLIAM L RAMEY T/A 8 E 8 TRUCK SALES 824 PEACE E PLENTY LANE STEPHENS CITY VA 22655 IS 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 COMb_JNWEALTH OF VIRGi.4IA DEPARTMENT OF MOTOR VEHICLES CERTIFICATE. NUMBER: 3226 ISSUED: 06/19/97 EXPIRES: 06/30/96 THIS IS TO CERTIFY THAT: WILLIAM L RAMEY T/A 3 & B TRUCK SALES 824 PEACE C PLENTY LANE STEPHENS CITY VA 22655 IS HEREBY LICENSEDY AS PROVIDED IN THE VIRGIiNIA MOTOR VEHICLE BOARD LAv4S 9 CHAPTER 15 TITLE 46.2,E CODE OF VIRGINIA TO ENGAGE IN THE BUSINESS AS AN INDEPENDENT MOTOR VEHICLE DEALER IN USED MOTOR VEHICLES IN THIS COMMONWEALTH. 21 1) I 1 �G� SCI K, CNC16 235 SERIAL NUMBER DSD 1 (REV 7/94) COMMISSIONER, DEPARTMENT OF MOTOR VEMCLFS COMM AWEALTH OF VIRGINIA DEPARTMENT OF MOTOR VEHICLES CERTIFICATE NUMBER 3226 ISSULD 06/24/96 .EXPIRES O6/30/99 THIS IS TO CERTIFY THAT: WILLAM L 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, CGDE Or VIRGINIA TO ENGAGE I'V THE BLS LNESS AS AN INDEPENDENT MOTOR VEHICLE DEALER IN USED MOTOR VEHICLES IN THIS COMMONWEALTH - 16 661 SERIAL NUMBER DSD 1 (REV 7/94) ,-- �jd-y� �o COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES ,c COMMONWEALTH OF VIRGiNIA DEPARTMENT OF MOTOR VEHICLES c;LkTIF IC ATE NUNU`R: 1818-1—I—J-322v I SSUL0: 0o/26/199y EXPIRLS: 06/30/2001 THIS IS TO CERTIFY THAT:, M r L r. Zi R AU L E Y h A M L Y T/A ,��Tit�x',aA! �� s STI"t'il=t�fS 'y I. 4 * � 1 S H >;Y LICEN SE0 AS PROV1DEE) 1r` T1i `.'VI ? I'JIA tioTOR ;vtiRD L;a4�'iw CHAPTER 15 tl-Tl 41�.z`g'` GIi0) Jt VIRGI vIA TO i:nG;:i�� IPJ THE c3 USI�VESS �1 "'AN Iia�7E'�; Iti1 NT l 0 T 0 R VEHICLE I US=:) ^90TLiR VEHICLCS IN Tiljj Gt�i{C1iVtA T +, 20777 DSD 1 (REV 7/94) VEHICLE UEALER COMMISSIONER, DEPARTMENT OF MOTOR VEHICLES .I; 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. JR. & BRADLEY M 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. 210to W • L= -r4 MVBDDS I � Commissioner, Department of Motor Vehicles DSD 1 (REV 2/01) Chairman, Motor Vehicle Dealer Board - �-A 7� t ju 7 7 MiHFY*BiiF#9FR�F1F�fM#N � v I: I.. Bou na, 1 T I S : DEE D,t. made this add .day of February, 1963 between �Satnuel D O'Neal'and Bessie McNeff O'Neal, his wife, of the one pare, athereinafter called the Grantors, and Larry Ramey, of -the other `pare;; - hereinafter called the Grantee. ,r WITNESSETH: That for and in consideration of the sum of Ten.Dollars ($10.00), cash in hand paid and :other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty of Title, unto the Grantee, igfee-simple, together wttti sll rights, privileges and appurtenances thereto belonging,` all that certain tract of land'situate about two (2) miles Southeast of Stephens City, ' In .Opequon Magisterial District, Frederick County,. Virginia,. cotitaining ` lB acres, more or less, and being bounded on.the North by the lands of Caranel Boyer, on the East by the lands of H;, C Carbaugh, on the South by the -lands of William Ramey and Earl Shiley, and on the East by Interstate .•' 01-Ilghw47 No. 81,- and being a portion of the realty conveyed to Samuel D. O'Neal et ux, by deed of Robert E. O'Neal,,ei al. Special Commissioners, dated May. 22, 1947, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 200;x[ Page 341. This conveyance is made subject to the rights of way and ease- ase - merits of record, if any, affecting the aforesaid realty. The Grantors covenant that they have the right to convey -.said . 'Grantee; realty to the that the Crantee shall have quiet possession thereof, free from_all encumbrances; that they have done,no ace to encumber said realty and.that they will execute such further assurances thereof as may be . . Requisite. - �-A 7� �� 41j �7 & BOOK 2'88 PACE 100 .j 1 1, �j At ;4 1:1 11 - ME 4­"ci d-" (SEAL) Bessie McNeirU'Neal VIRGINIA, ,COUNTY OF FREDERICK, To-wit: y k,6-,L4,- t.,6"4 a Notary Public: of and for the a nty aforesaid, do certify that Samuel D. O'Neal and Bessie Neal, his wife, whose names are signed to the foregoing instru bearing date on the day of February, 1963, have acknowledged the.,sam,e before me in my State and County aforesaid. Given under my hand this_day of February, 1963.1 My commission expIres �A H 41:1 Notary Public ti VjRrjNiA nEDER!CK COUNTY. 5CT- f writing ..s produced kms on the day of 6 ,and with celilfi j;- a of kw.1.dgmn1 thereto Ak J d -STAT-E-OF-VIRGIK IA FREDERICK, ToWit: -George 13. Whitacre, Clerk do hereby aabtify.th the at g tp,a true copy of the deed dated the 26th,:.day of 4 'e:brt�ary,,3 , lq�, between Samuel D. O'Neal .and Bessie McNotr. ., 0 Neal. ,Z t of he 'one part and.Larry Rabey:of the .other .part, jsnL d duly Deed d' d in Book X88 at page 99., -unde.r my hand this 12th day, of December P1977 P 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 CERTIFIED MAIL FAX: 540/665-6395 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 (30) 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. William Larry Ramey and Mrs. 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, . PJ0 IJav--oI4 Patrick T. Davenport, C.Z.A. Subdivision and Zoning Administrator PTD/CEM/bah UACandicelViolations\RA\B & B Truck Sales\B&B_l.wpd APPEAL APPLICATION #07-03 RONALD A. CLINE AND BEVERLY S. CLEM Staff Report for the Board of Zoning Appeals Prepared: June 26, 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: July 15, 2003 - Action: Pending 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 JULY 15, 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. APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner [/ other . (Check one) 2. APPLICANT: r NAME: 66W CL//J4, ADDRESS7�� r�V OCCUPANT: (if different) NAME:2�' ADDRESS: �1,4 TELEPHONE: Q� ������� TELEPHONE: O 21)—1 3. The property is located at (give exact directions and include State Route numbers): 4. Magisterial District: S. 14 -Digit Property Identification No.: '7`� ' %5 6. The existing zoning of the property is: k-4 CAI -11 7. The existing use of the property is: �/[ 8. Adjoining Property: North East South West USE ZONING r -M4- i �J3 ITIO. Ir. 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.) � 11. Additional comments, if any: 50'�• �� moi', 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. e) SIGNATURE OF APPLICANT DATE SIGNATURE OF OWNER DATE (if other than applicant) IVIL, aail 40/2 16) BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE - APPEAL OVERRULED APPEAL SUSTAINED SIGNED: DATE: Filc: K:\WP\CMMAPPLICAT\APPEAL Rev. 1197 ACTION: BZA CHAIRMAN April 28, 2003 Ms. Beverley S. Clem and Mr. Ronald A. Clem-` 54 North Street Front Royal, Virginia 22630 COUNTY of FREDERICK Department of Planning and Development CERTIFIED MAIL 540/665-5651 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, junkyards, 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 forth Kent Street - Winchester, Vir.-inia 22501-5000 Page 2 Ms. Beverley S. Clem and Mr. Ronald A. Clem Re: 341 Magic Mountain Road April 30, 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, 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 UACandice\Violations\RA\341 Magic Mountain Rd\Clem_l.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 Wt Cl9d_#) I B. CA Xgnatu e �I�d/ ❑ Agent ❑ Addressee D. Is delivery address different frorkRem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Se - e Type L7 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise i)nsuFed Mad ❑ C.O.D. 4. , ptrb,*d Dlivery? (Extra Fee) ❑Yes 2. ZkF . Nurnber(COp-7031.-1%4q 0 0 0 2�8 6 4 ' 568`2 --- -- - ti 102595-00-M-0952 P dorm 9- ___� Domestic Ret q@geipt _ 1 S;PostafServlce CERTIFIED `.V 10 MAIL: RECEIPT k (Domestic Uatl Only, No- /nsurance:Coverage Provitled} ni MEN w Ln Fr1 Postage $ -I- _D Certified Fee Return Receipt Fee Postmark ru(Endorsement Required) Here O Restricted Delivery Fee p (Endorsement Required) Total Postage & Ms. Beverley S. Clem and p, Sent To Mr, Ronald A. Clem r� Sheet, Apt. Flo.; 54 North Street C3 or PO Box No. FIOnt Royal, g Clty, State, ziP+ Y , Virginia 22630 1 Building Supplies• Services • • ConsultingIL �. 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 W;.:- --see V n 224"1 cnnC 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 C,ene N4-,rhaqr. Tn Tine '700 wh r «.e bc"Rht finis rrrot�erty ry.� T!f,.r,-..,�,-.�:�..,., D- .,. 1 _. _ _ _ .. , L.aa .,.�,a ` iL_ , . i A.V Ll lltl Vl.l L4111,.vy♦ Vila, 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(1) 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 and Consultingf&UWWW 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 i 994, we estimate we have purchased over 40% of materiais 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 Route 1 Box 72 Cline Front Royal, VA 22630 Enterprises Office/Fax (703) 635-8393 Building Supplies & Services and Consulting 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 Enteri.o„Se, Office/Fax (703) 635-8393 06/14/2001 14: 48 54066- _10 _,RI_Ih+ Tr; P9GE 04 Metropolitan Regional Information Systems, Inc. III 4A 731 * P! BiA(' REC_. R1 Tax ID#; 7344 Ar"l-urty FV PROPERTY ADDRESS - OWNER: PAUL E Iii iNEHART .IR Pttnn. 7r t Alis Comer MAIL ADDRESS: '1762 VVARnENSVILLF GRADE, . WINCHESTER. VA 22602.2942 LEGAL DESCRIPTION: 1 AO ACRES 40000A000000000001 .30A mal/Dist #: i Lot. 135A c B{ociclSQUat6' Tax t.AHp. 40- -A -135A Eiec hist: 10 Legal Unit #. ;grid: h1cap: 44 S ecfiom A 81k Suffix Subdiv Fah: Addl parcel Flaq!# Map Suffix: Suffix. A Parcel 1 Stili-rar�ci. TOTAL TAX FULL: $13 StatelGcunty Tax- S13 City fax: Front Foot Fee' Spec i ax P,=,smt ReFtL,e Tax Class: "=..T 'cxe.t:lpt Status: LwIllpt C:ia AasESFMENT Year Assessed Tota! Tax Value i arlc7 mri,ruve:rent Land lase 1397 S2.4LC> >2 EDUO ;_ µU' Prevrcus Early 5 3 DEED Deed Liber Deco Friio: versa Tyf-c. Transfer Vate Price GraMOV iLi I -'Tee. PROPERTY DEZCRRPT1CN 4z year Suitt: C Zoning. V.2Ccnsus Trt:UBlck: $quare Feet " 408 Acruage- 1.80 Land use' Residential Property ClatL? P!:3t Liherf5ortcr i Property Gar7: Zoning C . UENERAL !NLUSTR!AL Prop Use- SINGLE-FAMILY RES €Sl1RuRSAN11.01-19.99 AC Building Uew VACANT - RESIDENTIAL Topo_3: 1p": ROLLINU1 L0H_ Nu STRUCTURE DESCRIPTIO14 Sectlr�n f Section 2 Stiction Secbor 4 C.nnstruct on Story Area Ext Wali: Rooting: Ff-j.n•uab. w. $lanes Lf^Ih= J Style- Total Building Area., Living A:aa: a &ase Sq i`i. v Rooms U 8smt Typu- Flrepiar;es: G Bedrooms: 0 Bsntt Tot Sq Ft: 0 Fireplace Type Full Baths: 0 Bsrnt r -In Sq Ft: 0 Attic Type: Half Baths 0 Bsmt Unfin 5q Ft: 0 Attic 5q Ft Battcs. 0 Air Gond: Gas. hoot. Sewer" NONE Fuer Eiectrit: Water NONE Underground 'vitae, - 1-7 Tdx Levy Y' T.jx :-cyte- 0 64 tJ1Uii �la9s: page: 1 Date; 021'06"01 Taxable A3scS8:Ylerlt State: Mu `:C "C !,ncg:ilar Lot uaayv . yr:c t�arC�ge Sq r: Qaat "nsu Garoge JFlaLe, Stare tirsi7 Ext Wal:': omiSmeUon 8tortas i .5 '= otai Btddinu :� ez. koc:rs.., Liedrpcm5 :% 6at�. Roofinfl Metal Fow.datian: Concrete Block �Jtttt>-s u Style: Year._:.;. -ie=_ Living Area: 1,G08 Base Sq Ft: 672 Bsmt I ype: None Fireplaces: G Garage 1 _- bsnit Tot Sc t 0 Fireplace i yoe- Gare -.p asint Gin Sy Ftn Attic Noe fie' -- - _ 6s-nt krfrn Sq Ft: 0 Attic Sq Ft: Air G:, ;1 interior Floor '"00D roe, -it: Sj)anc HrntCr :;ewer. SEPI!C Fuel: Other WNter: WELL Underarourrd: Walls: Piaster %rdalls Q% i i L- _?(irl(1,4JNtro�lluue X.r.�•[urr�l Istru :•rrltr:un S\sr[:ozx, Jrrc 4•if -tura is beh., ved fo he aco. r"W% hur LiTT'__'J'1i_i TT :t, L TC1i 1=,'t T '90 �1ett o�jc�fitan Regional Information 4a tem+ l tic. ,� � '� �'''' ' Page: I �A 4- , Jul' Date: 011-12101 Fax [I)#: 73-11-5t i f' ' ** p ;BL IC" RECORD Tax 'M -14, PROPERTY ADDRESS: ',k41 HOOP PETTICOAT RP VA. �° ,_� � :ter � a(�- TT LJ OWNER: GENE CALVIN M,AYHEW. Pho=ne # 0 AtM, Owner Y j J MAIL ADDRESS: 1675 ADAMS ftp . WINCHESTER VA 2260 3-1 934 LEGAL DESCRIPTIOW .20.ACRE 40000A000000000001350 Meglpirst # 1 Lot: 135 Block/Square.lTax Map: 44- -A- -135 Elec Dist 10 Legal Unit Fiats Section: A 81k Suffix ,ubdiv Ph: Add; Parcel I Map Suffix 5ut1iX' rarcei.l Sub -Parcel Lta4'� TOTAL TAX BILL: $93 StatuiC:ounty Tax- $93 City Tax: Tax Lew Yr: 1949 Front Foot Fee. Spec Tax Assrnt: Refuse: Tax Rate: 064 Tax Clash: Exempt Crass: t,Autt. Class: E A'siF.i`;F0—'-vN Year Aa%essed Total Tax Vaiue Land In,, ilovemeM Lend Use Taxable Assessrnent . ---.� $14,50<< $14,0012 $500 $0 state .$ _taw Previous 3 i Mun,ir+pal $, W Ealy _ ,;+y g DEED deed Liber. Geer] Fnito, Deed TvpL T 8r,r_ter USttl PT -We ar iat Grantee PROPERTY DESCRIPTIQN Year Buil: 1892 toning: M2 C onsur. Trct,,Blck / lrreqular G:;i Square Feer 8.712 Acreage' 0 20 Land Use. ttes,dent:al Property Clas4 7 Flat Liber/Folri: ' Property Car& Zoning Desc: GENEPAL NOUS T RIAL Prod Use- SINGLE -FAMILY !SES !SULURSANI 01-19 99 AC Condm,r.- P')OR Bu#dhtg Use: FAIR VALUE - RESI Topography' ROLLING/St-OPING Set n^ Se"on 2 Section 3 Section 4 Secnon 5 Stare tirsi7 Ext Wal:': omiSmeUon 8tortas i .5 '= otai Btddinu :� ez. koc:rs.., Liedrpcm5 :% 6at�. Roofinfl Metal Fow.datian: Concrete Block �Jtttt>-s u Style: Year._:.;. -ie=_ Living Area: 1,G08 Base Sq Ft: 672 Bsmt I ype: None Fireplaces: G Garage 1 _- bsnit Tot Sc t 0 Fireplace i yoe- Gare -.p asint Gin Sy Ftn Attic Noe fie' -- - _ 6s-nt krfrn Sq Ft: 0 Attic Sq Ft: Air G:, ;1 interior Floor '"00D roe, -it: Sj)anc HrntCr :;ewer. SEPI!C Fuel: Other WNter: WELL Underarourrd: Walls: Piaster %rdalls Q% i i L- _?(irl(1,4JNtro�lluue X.r.�•[urr�l Istru :•rrltr:un S\sr[:ozx, Jrrc 4•if -tura is beh., ved fo he aco. r"W% hur LiTT'__'J'1i_i TT :t, L TC1i 1=,'t T '90 At,;� 14i 4_,I_il 14: �F a4 ?Metropolitan Regional lnforltna� ,- Systems, Inc. Page: l _,y;::; -.IS** PLTII.IC,� —� -- c:aruD mate: i�ail�iil - -- - —_ 7341 -- _._ - OPERi i ADDRE$,8: 34i H0C)p �,ETTtCOAT Ftp.`. VA � �= _VA OWNER.- GENE CALVIN mAyHEW, Phone ilt: 0 Atm owner "L ADtORCSS: 1675 ADAMS RD.. . WINCHESTER, VA 22003-1934 LEGAi- DESCRIPTION: 20 ACRE 40000A000000000001350 Lot 136 Else bit 10aJocic/Squnce: Tax Map: 40- -A- -135 Lega; Emit#' Grid: Map. 4-0 S;rt 5u171x: A�, Subdiv Ph' Add} Parcel FiegM1 I Parcel; 1 Sub Pa: rel; f TA7CE; $ 5 9tstat Tax, Cody. X $8� r Fr. =oot Fee' � ity Tax Spec Tax Asrmt: Fax Levy Mr 1989 Refu6a, HomestdF—xem Status: A-s,SFSWENT Exempt Clave: Tax Rate_ 0.64 Must- Claes: E -ar wed Total Tex Value Land improvement Land Use 1997 $14,500 $14,000 Taxable A1ssewwrnent $500 vse:ion $ $J State $ carry3 $ 5 $ $ t4urucapar g uEEt7 G— Libac Deed Folio; Geed Type. : rarmfe, pate Pricy City: 1. ! rs star 3rarttaa PROPERTY DESCRIPTION 'rear Ruiif: 1892 Zor ,-�r V2 Gems ; Square Feet: a,T12 Acres C-20 �� Lanni Use- Resldentla! iaguiar t,rrt_ Property Class- 2 P rtY Plot Liher!Folio ! 7r,Mr ty Card, 2Oning Desc7 GENE RAI tNDU3TRiAL chop Use: SiNal-E-FAMILY RES (SiiBURSAN1.01-19.99 AC auliclIng We, FAIR VALUE - RESVENTIALCorrdre= Topugrnphy FtC+LLIN{,!gLDP1NG -, �TRtdGTL`�� �`_ -Rtf�lGN trcfiir; 1 Seoticxn 2 Section 3 Section 4 $senor sig Roofing: Meta; Focuiaafion' concrete atm i3lack -�:• is Style: Total Bwair,Living Area; 1,008 Year RersatlweU- Base Sq Ft 672 Roca, y+p "ci o nta: 5 ®a nt TYpe,- None Firepmzes- 0 bodrooins 3 Rami Tot Sq Ft 4 Fiteplace Cara TW Type Full Baths: 1 ftmt Fin Sq Ft 0 Atha) a :+arab ue SQ F -:Gar rialf E&auv, 0 Banunfui Sq Ft: 0 Attic Sq F?- Cor?&+.: 3arage Spa;, Air L:ond: Imerior Floor Vv")�Cip vtv• meat. Space Beata; Sewer SEPTIC Fiief Ottner Water. WELL Underground: Walls' Plaster Walla ;"A i <1 y i J .A WARREN COAX AOR HIGH SCHOOL 155 WESTMINSTER DRIVE FRONT ROYAL, VA 22630 TELEPHONE: 540-636-3199 FAX: 540-636-3244 TO: FROM: DATE:/��� 003 FAX: CC; PAGES: Urgent _ For gev3ewl— Please Comment„— Please RcPIY- 1 "4` y/ �� I 22 May 2003 Mr. Ron Cline 54 North Street Front Royal, VA 22630 Dear Ron, The following information is in regard to out phone conversation today rogarding the property located on old Route 50 West which originally belonged to my grandmother, Martha Ella Ramey Kerns. My another, brother, sister and I moved in with my grandmother from our home wbieh was located at the foot of north mountain on December 17, 1947. 1 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 our 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 three 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. I had a three year old son and a five month old daughter. My husband bad worked at the IRS computer center and therefore I received government pension rather than social security. The amount was insufficient for us to live. Therefore, my mother canoe to live with we and take erre 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 Miller, with whom she had been friends for years, had previously asked if she was ever interested in selling to let them ImOw. 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 he 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 Agnes Miller are troth 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 it 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. Please 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 Y I wanted to get this letter tr► you 'without delay, so I did not have time to look therefore. d n have pictures that I would have fab been here shave bsnca 1967 we lived u'a..", a*e� nWhOn confirmed that a salvage yard u and wish you success in redoing the property. It will he nice to see it I was glad to hear frdttt you to know that you are taking ars interest in it and that it will improved. My mother would be very happy with this project. definitely look better in the future. please call or drop me a line as you progress Scerely, Carolyn L. Bohrer Enclosure VIA tx 2:LACk4 I i f I i W Q ca D — coZ J C M O 20). Q�� 0 M W .z � � m Cr W i I t tC jr kr k I t t1 rn r lV N H WW z IfN 4J xo oar 2:LACk4 I i f I i W Q ca D — coZ J C M O 20). Q�� 0 M W .z � � m Cr W WARREN OOHNTy JUNIOR HIGH SCHOOL 155 "WESTMMSTER DRIVE FRONT ROYAL, VA 22630 TELEPHONE: 540-636-3199 FAX: 540-636-3244 TO: FROM: ' RE: � DATE: FAX:,}4� PAGES: — CC: Urgent For Review Please Comment please Reply_ ira�rlr1F*ir* k9rir*ylr�r�Yi�iritc�kic�t.tdr4r9rttirir�r**�t*+�c*�kIkirvr�Y�r♦kx�r�lr*1F�491ri*k�F�1'Ye�lr*�k#rrY9r�k�k•�t,,Y {960 r PERMIT TO INSTALL OR REPAIR WATER SUPPLY zed/or SEWAGE DISPOSAL SYSTEMS ( VOID AFTTWELV (1 2) MONT'5� .Ud 1 Owner-, Ad roes Picone (Moiling Atldnta) Oc � Address Exact location of Premises __ / / ^ ,/ [� r ri C n - x � Wivitioa, Strom or Road Name, Section or lot No, t''II1= INSTALL ❑ REPAIR Q Dwelling Q- other - " , & Z U1 Water Supply System ❑ Water Supply System Actual or potential Bedrooms �Actuol or estimated Water 0 Sewage Disposal System ❑ Sewage Disposal System Consumption 2 7,4 got. per day Automatic Washing Machine [ "Septic Tank f e ,,f - © 0 ). Tank , I Yes U -No Garbage Disposal unh L1� Yes o Health Department ;.r .mmends - r �- // 4_,_ c J Additional wastes DETAILS OF RECOMMENDED SYSTEMS (1) PDM SUPPLY Location to be approved by Sanitarian. Type hed Well C) Driven Well O Bored Well 0 Dug Well �Drj Cased- feet. Casing to be properly sealed and vented If necessary, Casing to extend at feast b inches above pump room floor. Grouted_..._ feet. All sur- face drginoge to flow away from water supply. Wag to hove a platform of concrete or other impervious material, of least 4 indtes thick at casing, extending of least 24 inches In oil directions from casing, gently sloped for droinoge. (2) SOIL STUDY Naturally drained, suitable by sight af. ❑ No Technical Classification Rough Classification U Sandy [J')Vledium ❑ Clay ❑ pipe Clay. Percolation Test required Q Yes a No. Rate ��- Minutes per inch. r Depth of Water Table oet shmat Surface drainage required ❑ Yes 13A oArea Drainage by lowering Ground Water Table required ❑ Yes Q"No (3) DETAILS OF CONSTPUCTION Watetiight Septic Tank of • L } Inside Dimensions Length__12L feat, (Kin�t of Materia!) Width,4-.._feet. Liquid pepthot_Ufee. Depth of Air Space f fort. liquid Capacity' cApgZ go lions. (4) HOUSE SEWER UNE Site 4 incites, Type of material required' -art . a,, ,.. Distance rot'n Water Supply_ _ C4, fact. (5) SUBSURFACE ABSORPTION FIELD Distribution Box required. Ditches of equal length required. Number o,f__,,, �are feet to red GIV Type aggregate required ltl Broken Stone U Gravel ❑ Slog. Size range from I inches to 21 inches. Doyyth of aggregate from base of file to bottom of dfiches.�...fa .._inches. Total ogyrrgate must equal minimum depth of 13 i wltes or mon. Soil Cover over tine not to xceed ,,, !,"inches. Distance from well to septic tan / feat= distance from well to . Rough Sketch of Premises (including adjacent propenes if pertinent. Showing locofion of lot line, Wangs, Water Supplies, Sewage Dkpo;al Systems, Trees, and Other Possible Source of Contamination of Water Supplies, by Indicating Distances and Slope with regard to one another. Note= Owoer or his agent must notify~qt , Is ready for inspection, if pny 5ewope Disposalys em, or rt ereo , is weer ore the direction of the Health Director or hit agent. CON151TIONS DISCOVERED ptlklNG II Changes from above specifications require Health Department approval before being made. Based on the above Information, the undersigned retommends that this permit be issued. Date Approved— LHS pprovedvLH$ - 121 Rev. 1-65 �(tTwriewing at o syr Virginia State Department o: Health TRIPLICATE 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, q,,�l M. � 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. erelyj! ;� 1'U" U-;,� Ron Cline Please state your information about this property: Y. jj- (i'l„l�"' i - ✓ �C��3-� �� J� �. G { J��. C�.�✓ �"' /V �/'� { �`.\ll �-�e�. V,A�� / "/;- Sign your name ., f Current address Phone Number 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. ��erely,, ,�> M1 / Ron Cline Please state your information about this property: r /':17 M Sign your nam Current address 66,; -q/7 Phone Number APPLICATION #08-03 OF HAZEL LAMBERT Staff Report for the Board of Zoning Appeals Prepared: June 26, 2003 Staff Contact: Patrick T. Davenport, Zoning Administrator 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: July 15, 2003 LOCATION: The property is located at the Southwestern corner of the intersection of Route 657 (Senseny Road) and Route 656 (Greenwood Road). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 65A-((7))-8, 65A-((7))-9 PROPERTY ZONING & USE: Zoned: B2 (General Business) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North Commercial B-2 (Country Park Plaza) East Single Family Residential RP South Single Family Residential RP West Single Family Residential RP VARIANCE REQUESTED: Elimination of the fifty (50) foot zoning district buffer along the entire West property line for a commercial facility. REASON FOR VARIANCE: Due to the narrowness of said lot, adequate space is not available. The proffers, and in specific proffer E (buffering and screening), for this lot were accepted and approved on July 10, 2002, (Rezoning #03-02). By action by the Board of Zoning Appeals, an eight foot -high masonry wall is acceptable in lieu of the zoning district buffer. STAFF COMMENTS: The Board of Supervisors approved a rezoning from RP (Residential Performance) to B2 (Business General) of the subject properties on July 10, 2002. The subject properties are intended to be developed into a commercial business. A specific intended use was not provided by the applicant. The development of the subject parcels includes the establishment of zoning district buffers detailed in § 165-37D. The buffer requirements state that: "Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts." A copy of the relative zoning ordinance requirements for a property zoned B2, proposed for development when it adjoins property previously developed, zoned RP is included in the agenda. A category `B" buffer is required on the subject property where it adjoins property zoned RP. The Category "B" buffer the applicant is illustrating allows for a full screen and a 50' distance buffer. The first 25' adjoining the residential parcels must be inactive/open space. The remaining 25' strip may contain uses such as parking and travel aisles. Please refer to Exhibit "A" for the illustration of the buffer requirements in relationship to the adjoining parcels. Exhibit "A" illustrates a buildable area of 0.13 acres or 5,663 square feet. Exhibit `B" is an illustration of a buildable area containing 0.31 acres or 13,503 square feet, if the variance is approved. The applicant proposes to keep the required zoning district buffer along the Southern property line. The rezoning application included proffers pertaining to the zoning district buffers. The associated proffer provides for an 8' high decorative masonry wall along the Western property line in the event the Board of Zoning Appeals approves the requested variance. Other proffered conditions include a limit of 10,000 square feet for any commercial building. STAFF CONCLUSION FOR THE JULY 15, 2003, MEETING: The Code of Virginia, Section 15.2-2309(2), states that no variance shall be authorized by the Board unless it finds that a) strict application of the Ordinance would produce an undue hardship approaching confiscation; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity, and; c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. When the existing zoning district buffer requirements are illustrated on the subject property, a buildable area containing 5,663 square feet is possible. Since a reasonable buildable area is possible using the existing zoning district buffer requirements, a hardship approaching confiscation does not exist and the denial of this variance request may be appropriate. OAAgendas\BZA\Staff Rep0rt\2003\Hazel Lambert.doe APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner ❑ other®. (Check one) 2. APPLICANT: OCCUPANT (if different) NAME: Greenway En ing eering NAME: ADDRESS 151 Windy Hill Lane ADDRESS Winchester VA 22602 TELEPHONE (540)-662-4185 TELEPHONE 3. The property is located at (give exact directions and include State Route numbers): Southwestern corner of the intersection of Route 657 (Senseny Road) and Route 656 Greenwood Road). 4. The property has a road frontage of 120 feet and a depth of 260 feet Along Senseny Road and 219 feet road frontage along Greenwood Road with a lot depth of 139 feet. This property consists of 0.729 acres. (please be exact) 5. The property is owned by Hazel C. Lambert as evidenced by Last Will and Testament from George E. Lambert (previous owner) recorded in Will book no. 115 on page 1563 of the Will book of the Clerk of the Court for Frederick County Attach a copy of the deed 6. Magisterial District: Shawnee 7. 14 -Digit Property Identification No.: 65A-((7.))-8, 65A-((7))-9 8. The existing zoning of the property is: B-2 General Business 9. The existing use of the property is: Vacant Page 2 of 5 10. Adjoining Property: 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") A variance for the elimination of the fifty (50 ft) side zoning district buffer along the entire West property line for a Commercial facility 12. List specific reason(s) why the variance is being sought in terms of: - exceptional narrowness, shallowness, size or shape of property, or - exceptional topographic conditions or other extraordinary situational or condition of property, or - the use or development of property immediately adjacent thereto Due to the narrowness of said lot, adequate space is not available. However, the Proffers, and in specific Proffer E (Buffering and Screening), for this lot were accepted and approved on July 10, 2002 (Rezoning #03-02) by the Frederick County Board of Supervisors (see attached recorded Proffers and approval letter from Frederick County Planning). By action by the Board of Zoning Appeals, an 8' high masonry wall is acceptable in lieu of the zoning district buffer. 13. Additional comments, if any USE ZONING North Commercial B-2 (Country Park Plaza) East Single Family Residential RP South Single Family Residential RP West Single Family Residential RP 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") A variance for the elimination of the fifty (50 ft) side zoning district buffer along the entire West property line for a Commercial facility 12. List specific reason(s) why the variance is being sought in terms of: - exceptional narrowness, shallowness, size or shape of property, or - exceptional topographic conditions or other extraordinary situational or condition of property, or - the use or development of property immediately adjacent thereto Due to the narrowness of said lot, adequate space is not available. However, the Proffers, and in specific Proffer E (Buffering and Screening), for this lot were accepted and approved on July 10, 2002 (Rezoning #03-02) by the Frederick County Board of Supervisors (see attached recorded Proffers and approval letter from Frederick County Planning). By action by the Board of Zoning Appeals, an 8' high masonry wall is acceptable in lieu of the zoning district buffer. 13. Additional comments, if any Page 3 of 5 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance 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: NAME See attached list Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# ADJOINING PROPERTY OWNERS NAME TAX MAP # ADDRESS Saratoga Meadows Homeowners./ 65G -((1))-38A PO Box 809 Wine, 22604 -b isirrger_�j L/ 65G -((l))-37 106 Stirrup Cup Circle Wine 6-1,-z ,k44 Ji _ �broc;l� ,! Robert Stiff f 65G-((1))-36 104 Stirrup Cup Circle Wine Kathy S. Kerns -/ Carol E. Brown `/ GMG Properties/�`J Cora V Clark .� 65A-((7))-7 918 Greenwood Rd Wine 65G-((1))-35 102 Stirrup Cup Circle Wine 55-((A))-194 19 W. Boscawen St, Wine 55-((A))-196 1932 Senseny Rd, Wine Page 4 of 5 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Hazel Lambert Variance Number 08-03 0 CountyBDY 0.01 0 0.01 0.02 Miles Frederick County Dept. of GIS 107,7V. Kent St. Winchester, IA 22601 Draft 9:55 AMI, Fri 27jun e 2003 Page 5 of 5 AGREEMENT VARIANCE # I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPL SIGNATUREOF OWNER (if other than applicant) -OFFICE USE ONLY BZA PUBLIC HEARING OF ACTION: -DATE- APPROVAL SIGNED: BZA CHAIRMAN [] DENIAL DATE: TE I I (C I z �I I � ^ I ° f SFr ,m ;�'_ �r. Gs N - I '� m x I as a,l yH ' cATAGORY B I D ZONING BUFFER I i 77�p I 1-X L II ° x �~N i 0°y m I I � u m X m PLAN SHOWING m BUILABLE AREA OF THE LAND OF - GREENWAY ENGINEERING 9 m 5 m o - 151 Rmdy Hill lane N HAZEL LAMBERT s ,�.4. ,�„ ehe�e�.e 22802 r Engineers Telephone 540-882-4185 SHAWNEE MAGISTERIAL DISTRICT zi� n���~c S—.yon FAX 540-722-8528 FREDERICK COUNTY VIRGINIA i �D/i, �� fp•B, i I3'P 'CYCLE EgMT SENSENr &'0Ao m m VA&-1ABLE iE 657 X om m `° R. to 'Ti NN = J^• ,J'� C; 00 GREENWAY ENGINEERINo 3a b M1 ra -� L •ti -� m 6 o x 161 Hill —dy Len. N u < � m i �D/i, �� fp•B, i I3'P 'CYCLE EgMT SENSENr &'0Ao m m VA&-1ABLE iE 657 X om m `° R. to 'Ti NN = J^• ,J'� C; ;� GREENWAY ENGINEERINo 3a b M1 ra -� L •ti -� m 6 o x 161 Hill —dy Len. N u < HAZEL LAMBERTh°°`°`. y' "u�° 22802 x I � � r Yltil�tiv Engineer Telephone 540-662-4185 -4185 9 'eye" FAX 540-722-8520 CATAGO Y B yN ZONING AtUFFER I I FREDERICK COUNTY VIRGINIA i �D/i, �� fp•B, i I3'P 'CYCLE EgMT SENSENr &'0Ao m m VA&-1ABLE iE 657 X om m `° g i4 PLAN SHOWING BUILABLE AREA OF THE LAND OF° ;� GREENWAY ENGINEERINo v - m 6 o x 161 Hill —dy Len. N u < HAZEL LAMBERTh°°`°`. "u�° 22802 x o SHAWNEE MAGISTERIAL DISTRICT r Yltil�tiv Engineer Telephone 540-662-4185 -4185 9 'eye" FAX 540-722-8520 FREDERICK COUNTY VIRGINIA A o om To m C) � PLAN VIEW & SCREENING WALL m / m )coo c- \ — -I rot:;K \ z mom \ FOR o� 3°'� �� - oMM 0 ID co, I z ma z Z-" r "0 V ro o o S i p808 poo+Nue®jJ i PLAN VIEW & SCREENING WALL FOR o� 3°'� -ItN GREMA9 ENGINEERING - - HAZEL LAMBERT PROPERTY �y =n O r _ 151 h -t Hill Lana �,� wognester, v gn z2eoz J Engineers Telephone 540-662-4165 REDBUD MAGISTERIAL DISTRICT .9 -oey.- FAX 540-722-9526 FREDERICK COUNTY, VIRGINIA nN� § 165-37 ZONING § 165-37 (2) development plan as single-family lots and the non -single- family structures. Perimeter apartment or multiplex separation buffers. (a) Wherever possible and practical, garden apartments and multiplex structures shall not be placed adjacent to other types of residential structures. If other types of residential structures must be placed adjacent to garden apartments or multiplex structures, the following buffers are required: 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 (b) Buffers shall be placed between the garden apartment or multiplex structures and the lot line of the lots containing the other housing types_ (3) Interior residential screening. This buffer shall be designated as a continuous landscaped easement that will be placed between single-family detached traditional and cluster dwellings and other housing types. This landscaped easement shall be at least 10 feet in depth and contain a double row of evergreen trees. Each row of evergreen trees shall be a minimum of four feet in height at time of planting and spaced no more than eight feet apart. If natural barriers, topography or other features achieve the function of an interior separation buffer, the requirement may be waived by the Planning Commission. D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (1) Buffers shall be provided on the land to be developed according to the categories in the following tables: (a) Buffer categories: 16 561 10-25-2001 § 165-37 FREDERICK COUNTY CODE § 165-37 Zoning of Adjoining Land Distance Buffer Required Developed RP Inactive Active MH1 131 B2 B3 M1 M2 Screening (Minimum) (Maximum) Total Category Provided (feet) (feet) (feet) A Full screen — — — A Landscape — — — R5 screen - - - A A A A A No screen 25 25 50 B Full screen 25 25 50 B Landscape 75 25 100 B - - A A screen A B B2 B No screen 150 50 200 C Full screen 75 25 100 C Landscape 150 50 200 M1 screen C C C B B — — C No screen 350 50 400 (b) [Amended 9-12-20011 Buffer categories to be provided on land to be developed according to the zoning of the adjoining land: Zoning of Land To Be Zoning of Adjoining Land Developed RP R4 R5 MH1 131 B2 B3 M1 M2 EM MS RIP - - - - A A A A A A A R4 - - - - A A A A A A A R5 - - - - A A A A A A A MH1 C C C - B B B B A A C B1 B B B B - - A A A A B B2 B B B B - - A A A A B B3 C C C C B B - - - - C M1 C C C C B B — — — — C 16562 10-25-2001 July 17, 2002 Greenway Engineering Mr. Mark D. Smith 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING 903-02 FOR HAZEL C. LAMBERT Dear Mark: COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 The Frederick County Board of Supervisors approved the above -referenced application to rezone .729 acres from RP (Residential Performance) to B2 (Business General) District at their meeting on July 10, 2002. This property is located at the southwestern corner of the intersection of Senseny Road (Rt. 657) and Greenwood Road (Rt. 656), and is identified with Property Identification Numbers 65A-7-8 and 65A-7-9 in the Shawnee Magisterial District. The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Jeremy F. Camp Planner II JFC1ch cc: Harrington Smith, Shawnee District Supervisor* Jane Anderson, Real Estate* Hazel C. Lambert, 223 Rossum Lane, Winchester, VA 22602 em: William Rosenberry and Mr. Robert Morris, Shawnee District Planning Commissioners* (* - without proffers) 107 North Kent Street • Winchester, Virginia 22601-5000 t_Y 1 } 1. 0 t Action: AMENDMENT PLANNING COMMISSION: June 5, 2002 - Recommended Approval BOARD OF SUPERVISORS: July 10, 2002 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-02 OF HAZEL LAMBERT WHEREAS, Rezoning #03-02 of Hazel Lambert, was submitted by Greenway Engineering, to rezone .73 acres from RP (Residential Performance) to B2 (Business General) District. This property is located at the southwestern corner of the intersection of Senseny Road (Rt. 657) and Greenwood Road (Rt. 656), and is identified with Property Identification Numbers 65A-7-8 and 65A-7-9 in the Shawnee Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 5, 2002; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 10, 2002; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change .73 acres from RP (Residential Performance) to B2 (Business General) District as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #14-02 cam^; This ordinance shall be in effect on the date of adoption. Passed this 101h day of July, 2002 by the following recorded vote: Richard C. Shickle, Chairman Aye Sidney A. Reyes Xa�L- Gina A. Forrester Nay Margaret B. Douglas" Aye W. Harrington Smith, Jr. Aye Robert M. Sager Aye Lynda J. Tyler Nav A COPY ATTEST �-/— Johr�k/Ajy, Jr. Fred ick County Administrator PDRes. k 14-02 0.\Agendas\COMMENTST.EZONING\RESOLUTMHazel La bert.wpd Greenway Engineering Preliminary Matters February 25, 2002 Revised May 1, 2002 Revised June 7, 2002 IIAZEL C. LAMBERT REZONING Tax Parcels 65A-((7))-8 and 65A-((7))-9 Shawnee Magisterial District Hazel C. Lambert Rezoning Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #03-02 for the rezoning of .73 acres from the Residential Performance (RP) zoning district to the Business General (B2) Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the. lands owned by Hazel C. Lambert being all of Tax Map Parcels 65A-((7))-8 and 65A-((7))-9 and further described by boundary survey prepared by Greenway Engineering dated February 19, 2002 (Exhibit A). A.) Maximum Building Structure Square Feet The applicant hereby proffers to limit the total building structures to 10,000 square feet for the entire .73 acres. B.) Prohibited Uses The following uses shall not be permitted on the proposed rezoning: Description Sic Communication facilities and offices 48 Electric, gas and other utility facilities and offices 49 Retail nurseries and lawn and garden supply stores 526 Automotive Dealer and gasoline service stations 55 Drinking Places 5813 Fuel dealers 598 File 43137/MDS/dls W-. Greenway Engineering February 25, 2002 Hazel C. Lambert Revised May 1, 2002 Rezoning Revised June 7, 2002 Golf driving ranges and miniature golf courses 7999 Commercial batting cages operated outdoors ----- Model home sales offices ---- Adult Retail ----- C.) Transportation 1.) The applicant hereby proffers to restrict the access to the property to one entrance at a location on Greenwood Road adjacent to the most southern property line of the subject property. 2.) The applicant hereby proffers to dedicate right-of—way along Greenwood Road (Route 656) for future road improvements by Virginia Department of Transportation in accordance with the attached Exhibit C, attached to and made part of these proffers. 3.) The applicant hereby proffers to provide a ten -foot (10) non-exclusive easement along the Senseny Road (Route 657) property frontage for the purpose of allowing the development of a bicycle facility as identified by the Frederick County Comprehensive Policy Plan's Bicycle Plan. This easement will be dedicated to the appropriate entity prior to the construction of the bicycle facility. D.) Lighting Building mounted lights and pole -mounted lights will be of a downcast nature and shielded and directed away from adjacent properties surrounding the proposed project. Lighting plans will be submitted as a separate attachment for review and approval by the Frederick County Planning Department prior to installation. E.) Buffering and Screening In the event approval is obtained by the Frederick County Board of Zoning Appeals for a variance of the zoning distance buffer, Chapter 165-37, the applicant hereby proffers an 8 -foot high masonry wall to be constructed along the western property line adjacent to Tax Map Parcels 65G-((1))-36 and 65G-((1))-37 and as illustrated in Exhibit B, attached to and made part of these proffers. F.) Structural Requirements In the event that a two-story structure is developed on this property, the applicant hereby proffers that no windows, sliding glass doors or decks will be constructed on the second floor level along the western property line to provide for the privacy of the residents of the Saratoga Meadows Subdivision. File 93137/MDS/dls 2 Greenway Engineering February 25, 2002 Hazel C. Lambert Revised May 1, 2002 Rezoning Revised June 7, 2002 C.-.3 G.) Signatures ; The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and ov.mer. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: ' 17az Hazel C. Lambert Da e Commonwealth of Virginia, Ci County To Wit: The foregoing instrument was acknowledged before me this 17 day of J u n f, 2003. by J Notary Pt3b is My Commission Expires F7e t9 yLrl ac(2-920 oq VIRGINKU.- RZ5-- EPP,1CK COUNTY. SGT. FrliS instnU'lert of writing ryas produced to eye on tt�c a:i;'litied to r' e. -" � L. "1'a i!nposed by See. 5"i.1 �'�----;.nd 55.1-801 Save becl: pai(!,;f Iss.-�s: bl�. File #3137/MDS/dis 3 GREENWAY ENGINEERING 151 Windy t lift Lane Winchesier. Virginia 22602 V Founded in 1971 June 24, 2003 County of Frederick Department of Planning and Development 107 North Ktnt Street Winchester, VA 22601 Attn: Patrick Davenport, Zoning Administrator Re_ Hazel Lambert Variance Request Dear Mr, Davenport As you are aware, the cut off date for the July 15, 200313ZA meeting was Nday June 20, 2003. Frederick County Planning Department received and accepted our application on Monday, June 23, 2003- We are requesting to be heard at the July 15, 2003 meeting. Please contact us at your convenience. Thank you for your time in this matter - Sincerely, Greenway Engineering Jeremy N. Tweedie Enclosures Cc: Mark D. Smith. P.E_ Niki Adhikusuma, P.E. Engineers Surveyors file # OOQO/MD5ljw Telephone 540-G62-4185 FAX 540-722-9528 www.greenwayeng.com £££-d 100/100'd 960-1 Mozz1079 .O'd JN MNIJN3 dVMN330-HOdd 11:81 £0-n-Nnr