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BZA 01-16-07 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia January 16, 2007 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of November 21, 2006 3) Election of Officers PUBLIC HEARING 4) Variance Request #26-06 of Darin S. Newlin, for a 22 foot left side yard variance, resulting in a left side yard setback of 28 feet. This property is located in Hogue Creek Estates, Lot 22-B, and is identified with Property Identification Number 50-4-22B in the Back Creek Magisterial District. 5) Appeal Application #27-06 of JRE Winchester, LLC, to appeal the decision of the Zoning Administrator in accordance with Section 15.2-2311 of the Code of Virginia. Two decisions made in the November 28, 2006, Zoning Determination Letter prepared by the Frederick County Zoning Administrator are being appealed. The first decision involves the determination that vehicles for rent must be screened behind a six-foot board on board fence or by evergreen trees. The second decision involves the determination that the gravel area of the site that will be utilized for the display of equipment for sale or rent must have impervious surface landscaping as indicated in Section 165-27E of the Frederick County Zoning Ordinance. This property is located at the end of Yardmaster Court on the west side of Martinsburg Pike (US Route 11) approximately 2 miles north of Interstate 81, Exit 317, and is identified with Property Identification Numbers 44 -A -75C, 44 -A -75D and 44 -A -75E in the Stonewall Magisterial District. 6) Other FILE COPY MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on, November 21, 2006. PRESENT: Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman, Stonewall District; Dwight Shenk, Gainesboro District; Lennie Mather, Red Bud District; Kevin Scott, Shawnee District; and Robert W. Wells, Member -At -Large. ABSENT: Dudley Rinker, Back Creek District. STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; Lauren Krempa, Zoning Inspector; and Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Catlett at 3:25 p.m. On a motion by Mr. Shenk and seconded by Mr. Scott, the minutes for the October 17, 2006 meeting were unanimously approved as presented. Chairman Catlett asked Mr. Cheran the cut-off date for the next meeting. Mr. Cheran replied that today, November 21, 2006, is the cut-off date, and there are no new applications pending. PUBLIC HEARING Variance Request #24-06 of Gary Baylis for a 23.6 foot front yard variance, resulting in a front yard setback of 36.4 feet. This property is located on Sulphur Springs Road (Route 655) near Opequon Creek, and is identified with Property Identification Number 65-A-187 in the Shawnee Magisterial District. ACTION — VARIANCE TABLED BY APPLICANT Ms. Krempa gave the staff report. The property setback lines for this property at the time of the adoption of the Frederick County Zoning Ordinance were 35 feet front, 25 feet rear and 15 feet both sides. In 1989, when Frederick County amended its zoning ordinance to change rural zoning classifications to the current RA (Rural Areas) Zoning District, the setbacks changed to 60 feet front, 50 feet rear and 50 feet both sides. Ms. Krempa continued that 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; b) that such hardship is not shared generally by other properties in the same zoning district and the ame 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. Minute Book Page 1420 Frederick County Board of Zoning Appeals Minutes of November 21, 2006 The applicant is requesting a variance of 23.6 feet for his front yard. Should this variance be granted, the building setbacks would change to 36.4 feet front, and remain 50 feet on the rear and both sides. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309(2). This request from the current setbacks of the RA zoning district could be justified. Ms. Krempa stated that staff would like to point out that the Director of Public Works, Mr. Strawsnyder, has provided comments on the suitability of this site, which are included with the agenda. If the variance is granted, Mr. Strawsnyder will require a detailed flood plain analysis due to the location of a flood zone "A" on the property which is derived from the FEMA maps. Mr. Strawsnyder also expressed concern regarding the drainfield capabilities on the site, encroachment of the house location on a powerline easement and the proximity of this property to the landfill's wastewater treatment facility. Based on the concerns from the Director of Public Works, it may be appropriate for the Board to postpone a decision on this variance pending the outcome of a flood plain analysis. Mr. Gary Baylis approached the podium. Mr. Baylis stated that he would like to request a postponement until the January 2007 meeting. Chairman Catlett asked if the reason for the postponement request is to have the study done for Mr. Strawsnyder. Mr. Baylis stated that it's to look into that possibility. Mr. Baylis questioned why Mr. Strawsnyder has the authority to request that, he's just a neighbor to Mr. Baylis's property. Mr. Baylis asked if the neighbors across the street could request the same thing. Mr. Cheran replied that any building permit, if the property is near a flood zone, the Zoning Administrator cannot sign the permit and an engineered flood study would have to occur. The rest of Mr. Strawsnyder's concerns have some bearing with the pylon location and that's something that's done through easements. The flood plain is the real issue here. The point being, if we can't issue a building permit, approving the variance would not give Mr. Baylis the right to build because he can't build in a flood zone or flood way. Mr. Baylis stated that he still doesn't know how Mr. Strawsnyder is able to require that. Mr. Cheran explained again. There was discussion between Mr. Baylis, Board members and Mr. Cheran whether the property is in the flood zone, the survey, FEMA maps, and Mr. Strawsnyder's authority to require this. Chairman Catlett stated that if Mr. Baylis would like for this to be postponed, perhaps Mr. Cheran and his department could answer more of Mr. Baylis's questions on an individual basis. Mr. Baylis agreed to this. Mr. Perry made a motion to postpone Variance #24-06 until the January 2007 meeting. Mr. Shenk seconded the motion and it passed unanimously. PUBLIC HEARING Variance Request #25-06 of Brian Foor for a 2.8 foot left side yard variance, resulting in a left side setback of 47.2 feet. This property is located at 2880 Indian Hollow Road (Route 679) and is identified with Property Identification Number 40-A-24 in the Gainesboro Magisterial District. AC'T'ION — VARIANCE APPROVED Minute Book Page 1421 Frederick County Board of Zoning Appeals Minutes of November 21, 2006 Ms. Krempa gave the staff report. The property setback lines for the property at the time of adoption of Frederick County Zoning Ordinance were 35 feet front, 25 feet rear and 15 feet sides. In 1989, when Frederick County amended its zoning ordinance to change rural classifications to the current RA (Rural Areas) zoning district, the current setbacks changed to 60 feet front, 50 feet rear and 50 feet both sides. Ms. Krempa continued that 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; 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. The applicant is requesting a variance of 2.8 feet on the left side yard to account for the structure on the property which was built over the building restriction line. Should this variance be granted, the building setbacks would remain 60 feet front, 50 feet on the right, change to 47.2 feet on the left and remain 50 feet rear. The setbacks for this dwelling as indicated on Building Permit #767 of 2006, which is included with the agenda, were 160 feet off the front, 60 feet off the right, 60 feet off the left and 200 feet off the rear. Section 165-23(H) of the Frederick County Zoning Ordinance requires survey standards to establish the location of primary structures only if those structures are located five feet or less from the minimum setback requirement of the zoning district in which the property is located. Because the applicant proposed a left side setback which was more than five feet over the minimum requirement, the Planning Department did not require a setback survey for this site. The applicant did build the structure closer to the property line than was originally indicated on the building permit, and in doing so, built the structure over the line by 2.8 feet. This application for a variance may not meet the requirements as set forth by the Code of Virginia, Section 15.2-2309(2) or the Frederick County Zoning Ordinance. The violation to the setback requirement of the RA zoning district is self-inflicted and as such, may not produce an undue hardship. Mr. Brian Foor approached the podium and identified himself as the property owner. Mr. Foor stated that the builder, in setting the house, was supposed to stay within the 50 feet. In trying to set the house, corresponding with the other houses around them parallel to the street, is where they ran into a problem. Mr. Foor has signatures from his neighbors as well as other community folk in favor of this variance. Mr. Foor took a house that was an eyesore for the district and made a favorable house for the community. Ms. Mather asked Mr. Foor if he removed an existing house and Mr. Foor responded yes, he did. She asked who the builder was and Mr. Foor stated Wampler Homes was. Mr. Foor stated Wampler Homes brought in a modular home and set it on a foundation that was set up by them. Wampler asked Mr. Foor where he wanted the house located; he told them the general location and assumed they would do the necessary measurements in setting the house properly. Mr. Perry stated he couldn't understand why Wampler would ask Mr. Foor where he wanted the house instead of going by the building permit. Ms. Mather asked Mr. Foor if he had been allowed to close and move into the house. Mr. Foor stated he has an Occupancy Permit, but he has not been able to close on any kind of mortgage. This error was found After doing a survey to satisfy the title company. The Foors are living in the home. Minute Book Page 1422 Frederick County Board of Zoning Appeals Minutes of November 21, 2006 Mr. Perry asked if the builder is aware he put the house in the wrong place. Mr. Foor stated that Wampler is aware but he's not taking any fault to it or liability. He's basically saying Mr. Foor told him where to put the house. Mr. Scott stated the Building Permit clearly showed Wampler where the setbacks were. Mr. Foor stated they tried to get a boundary line adjustment which failed because the neighbor is concerned that doing a boundary line adjustment will affect him selling his home next year. Mr. Shenk stated he's a little bit familiar with the property and it looks much better now than prior to his purchasing it. Ms. Mather asked Mr. Cheran if there's any way the County can hold Wampler Homes responsible. Mr. Cheran stated no, it's a civil issue. And ultimately it falls back on the owner. Chairman Catlett asked if anyone is present who would like to speak in favor of this variance. Mr. Allen Henderson of Integrity Home Mortgage, Ms. Madelyn Largent and Mr. Jim Plank, adjoiners, support this variance. Chairman Catlett asked if anyone opposed would like to speak and no one came forward. The public hearing portion was closed. Discussion Mr. Shenk made a motion to approve Variance # 25-06. Mr. Scott seconded the motion and it passed by a majority vote. OTHER Chairman Catlett asked if there is any other business to come before the Board. As there were no other items or new business to be discussed, the meeting adjourned at 4:05 p.m. by unanimous vote. Respectfully submitted, Theresa B. Catlett, Chairman Bev Dellinger, Secretary Minute Book Page 1423 Frederick County Board of Zoning Appeals Minutes of November 21, 2006 December 1, 2006 Attn: Lauren E. Krempa Frederick County Dept. of Planning and Development RE: Variance Request #24-06 Dear Ms. Krempa, I am withdrawing my application for a Variance Request on Property Identification Number 65-A-187 scheduled for January 16, 2007. Thank you, /® Gf/ ` Gary W Baylis VARIANCE APPLICATION #26-06 DARIN S. NEWLIN Staff Report for the Board of Zoning Appeals Prepared: January 5 , 2007 Staff Contact: Lauren E. Krempa, Zoning Inspector This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: January 16, 2007 Action Pending LOCATION: 557 Deer Creek Road, located in the Hogue Creek Estates, Lot 22B MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 50-4-22B PROPERTY ZONING & USE: Zoned: Rural Areas Land Use: Vacant with the exception of a garage ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Vacant Use: Residential Use: Residential Use: Vacant VARIANCE REQUESTED: The applicant is seeking a 22 foot left side yard variance resulting in a 28 foot left side yard setback. REASON FOR VARIANCE: The applicant is seeking this variance due to the narrowness of the lot, the topography of the lot, and the location of a flood plain on the property. Variance #26-06 — Darin S. Newlin January 5, 2007 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-1 (Agricultural Limited). The property setback lines at the adoption of the zoning ordinance were 35 feet for the front yard setback and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the zoning district to the current RA (Rural Areas) Zoning District, making the current setbacks for the property: 60 feet to the front, 50 feet to the rear, and 50 feet to both sides. This variance application, due to the narrowness of the lot, is requesting to change only the left side setback, such that the new setbacks for the property would be: 60 feet to the front, 50 feet to the rear, 28 feet to the left, and 50 feet to the right. The property in question for this variance is a five acre lot, however, the existence of steep slopes to the rear of the property and the location of a flood plain through the property significantly limit the buildable area on this lot. The only easily buildable area on the lot is further restricted by the building setback requirements. Reduction in the current setbacks may be appropriate in order to facilitate a buildable area for the primary residential structure. STAFF CONCLUSIONS FOR THE JANUARY 16, 2007 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; 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. The applicant is seeking a 22 foot side yard variance. Should this variance be granted, the building setbacks for this property would be 60 feet in the front, 50 feet in the back, 28 feet on left side and 50 feet on right side. It appears that this variance meets the intent of the Code of Virginia, Section 15.2- 2309 (2). This request from the current setbacks of the RA zoning district may be justified. � ell JSP 6 R c 3� d`OIS h _-- .� ...'�'�•y :at;' .t; 1f�� 1:}'�. �!•t f�,f"� -c*�..�. vyF�.. .r. - - `'' i ' � w - VI y V— SG tl ca p 41 U� III o L L 'T ti O r N � J } i O No w' C aRi x w E u '.' n i �11 l" LI. � ell JSP 6 R c 3� d`OIS h _-- .� ...'�'�•y :at;' .t; 1f�� 1:}'�. �!•t f�,f"� -c*�..�. vyF�.. .r. - - `'' i ' � w - � ell JSP 6 R c 3� d`OIS U 00 t� N • w! N v C� _ czw • � Q o T � N MCI N o LL ern t= va`m\�¢ _ I � U6I Ab, 4Z Z - �"-"�\/ � �� --✓`�. _�"' � � `f% �f f�jf .J'ff��`�f rf � � � �������%'• T'�5�1 �-.s.-�� �� fa��F f/ ' �..f ! Q --�'` OM j tt . k JI\'s i v � �' ! f �t �l(,jj lj { ,,�,�../�,, ! [ - n i ! �' �, �a .. y�Q' h�' � Vv '.��•--`��^,. A �- -� �� �. { i �=',t�l �f!/� / rF � \:r .r � � rf/ • � _ � Q j 1 T 7 f 1� •% tf�i` �, o"oo� u',J 1` � ! '`Nld, f �b l ��� � � �� ��1� liti, ! ! { t � � 8 S� � ✓ �Q �` f � :�� � f f Q;1 r ��i,d �1 ot�tii s� J M cTi r M M (-fl (3) 0) O M 0) 0) O N r r N 0(140 M 0 O 00) (N \ M 0 (Ti z- C`.7 — Oc-�c- � �= r O N � � N .� m c > 4J = i, _ O L 4-) O t Q Z 3 N = N U r, `o c E i a, C � N ❑ s� mm� O i�411: m _C m o C m � C m o � �n a C C is?ii U U CL N .Q >: C a ¢ ❑ a �= r O N � � N .� m c > 4J = i, _ O L 4-) O t Q Z 3 N = N U r, APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application 6 Submittal Date: 1 o Fee Paid: e ) initials: Sign Deposit e) LC 2 1 2006 Submittal Deadline: o)_ &A k 6 For the meeting of MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT / 1. The applicant is the ownery other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: )ort n S • eiJ��►1 NAME: n ADDRESSM `CC(I CC7LaftkLW P%' -I . ADDRESS: i'� le.�►�� VA. ��B5 54D - k log - boS TELEPHONE:541) -,3A_ 1- a9 TELEPHONE: 3. The property is located at (givee1xact directions and include State Route numbers): b,'� �� r� �). o b ( v o o �� 1 r\[� - VA - 4. The property has a road frontage of feet and a depth of feet and consists of J acres (please be exact). 0 5. The property is owned by 1%r in 5 • as evidenced by deed from recorded (previous owner) in deed book no. (G9Co on page I?- of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: RACK Cry -9 7. Property Identification No.: —1 `i [3 -s y 2 –7,6 8. The existing zoning of the property is: XI'll 9. The existing use of the property is: rc=� id,-, . YZi A % , :�r�CAA) 10. Adjoining Property: USE North Yid CAA `Z - East /fi e ., i (�f/i a % South Re.-, ; &_A: fj c, West VACIteyr, ZONING A711+ P, 1A 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 22 ° VARlANCe FOR ZOC_A 1r0,A/ 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 situation or condition of property, or the use or development of property immediately adjacent thereto lff m 1 A M b IS NARROW ANO 7"n:s W,0,11d be '{Ae OAI/K Tih� `6 sef `flhe homL bn'�o o� the 13. Additional comments, if any: 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 (AILhAO-i ::r SCh<ALQ ilGi2r Address Property ID # 7-M Jr©— it Zh jAt,j M LivIA19 s Aow Address Property ID # 7'� 6'o - y - 21 adlB q A Izt0'NOe-4 6RAt:C Address Property ID # 7-14 56 - A Y /I Address Property I D # Address Property ID # Address Property I D # Address Property ID # 15. Provide a. sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to allp p�ro Prty lines and to the. nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. 0 AGREEMENT i7r�iucuNa—, Tr l Tom/ (Number to be assigned by the Planning Dept.) 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 APPLICANT I rt S. OekApk DATE Q d r) 1 - O 6, SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 1,116O ACTION: - DATE - APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: 10 STM 50-((4))-21 I 3 JAN M. LIVINGSTON INST 1050018956 I 5.00 ACRES o v I25' INGRESS -EGRESS ESMT. N 39'06'18" E 97.72' \�so IY I I�QOQ EXISTING LO GARAGE CO v 0 o I m� QW N sS,gl 22.00' N O Q Z4W o �QUo� o Cr) (5 N 4.00" o�Yoo of o Ln L6 � 2.00" o� C�T1O W U_ W m 28.26' M �] o ry� 2.00 o 26.00 O N h I Im TM 50-((4))-22B I DARIN SCOTT NEWLIN & BARBARA A. NEWLIN INST.1060002457 5.00 ACRES I NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS ao ao OTHER THAN SHOWN MAY EXIST 2. A PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON SCALE: 1" = 40' F.I.R.M. PANEL #510063-0100-B, DATED JULY 17, 1978. LEGEND. 3. DEED REFERENCE.' INSTRUMENT 1060002457 IRF = IRON REBAR FOUND 4. PLAT REFERENCE: DEED BOOK 696 PAGE 125. BRL = BUILDING RESTRICTION LINE 5. BUILDING RESTRICTION LINES SHOWN PER DEED OF DEDICATION, SEE DEED BOOK 784 PAGE 362. PROPOSED HOUSE LOCATION SKETCH 0�4 i Om STANDING IN TH2—B ITIOCUE ENAME OFEEK TATES DARIN S. NEWLIN & BARBARA A. NEWLIN BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DATE: NOVEMBER 10, 2006 SCALE: i" = 40' FILEy: 06-040 Foltz Land Surveying, Inc. SHEET 1 P.O. Box 23 Stephens City, Virginia 22655 OF Phone //: 540-323-1497 Fax 1: 40-868-2963 1 email: foltz®visuallink.com 410 OX69SPG 123 DEED OF CONVEYANCE THIS DEEDwade and entered into the it V� day of wtober, 1988, by and between GARY M. FINNIFF and KATHRYN 1. ploxlFl, husband and wife, herein party of the first >art7 and GARY M. FINUIFF and KATHRYN M. FINNI! . his wife# terein party of the second parts and LAUR$3WR JCMM AUER ind MARY fAUISNAUER, husband and wife, herein party of the third parts W I T N E S B E T H t THAT !OR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.90)' cash in hand paid unto the party of the first part at and before delivery of this Deed, and other good and valuable consideration, receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey with full E14GLISH COVENANTS and GENERAL WARRANTY OF TITLE, unto the party of the second part, as tenants by the entirety with the full common law right of survivorship, an undivided one-half (tS) interest. and unto the party of the third part, as tenants by the entirety with full common law right of survivorship, an undivided one-half (y) interest, with each party holding as joint tenants with full common law right of survivorship as the Other,, all of that certain lot or parcel of land, together with all improvements thereon, located and being in the County of Frederick, State of Virginia, and more particularly described as follows$ All of that certain parcel of land designated as Lot -22A on the plat entitled •Division Survey of Lot 22 -Hogue Creek Estates', as the same is attached hereto and made a part hereof. SUBJECT To a drainfield easessent for Lot 228, as shown on the attached plat. AND BEING a portion of the same land conveyed to the party lof tLa first _rt by need dated October 10, 1983 and recorded in Deed book S67, at Page 639, owng the aforEsaid land records. { f 1 J � OX69SPG 123 DEED OF CONVEYANCE THIS DEEDwade and entered into the it V� day of wtober, 1988, by and between GARY M. FINNIFF and KATHRYN 1. ploxlFl, husband and wife, herein party of the first >art7 and GARY M. FINUIFF and KATHRYN M. FINNI! . his wife# terein party of the second parts and LAUR$3WR JCMM AUER ind MARY fAUISNAUER, husband and wife, herein party of the third parts W I T N E S B E T H t THAT !OR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.90)' cash in hand paid unto the party of the first part at and before delivery of this Deed, and other good and valuable consideration, receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey with full E14GLISH COVENANTS and GENERAL WARRANTY OF TITLE, unto the party of the second part, as tenants by the entirety with the full common law right of survivorship, an undivided one-half (tS) interest. and unto the party of the third part, as tenants by the entirety with full common law right of survivorship, an undivided one-half (y) interest, with each party holding as joint tenants with full common law right of survivorship as the Other,, all of that certain lot or parcel of land, together with all improvements thereon, located and being in the County of Frederick, State of Virginia, and more particularly described as follows$ All of that certain parcel of land designated as Lot -22A on the plat entitled •Division Survey of Lot 22 -Hogue Creek Estates', as the same is attached hereto and made a part hereof. SUBJECT To a drainfield easessent for Lot 228, as shown on the attached plat. AND BEING a portion of the same land conveyed to the party lof tLa first _rt by need dated October 10, 1983 and recorded in Deed book S67, at Page 639, owng the aforEsaid land records. { f 1 { i L OX69SPG 123 DEED OF CONVEYANCE THIS DEEDwade and entered into the it V� day of wtober, 1988, by and between GARY M. FINNIFF and KATHRYN 1. ploxlFl, husband and wife, herein party of the first >art7 and GARY M. FINUIFF and KATHRYN M. FINNI! . his wife# terein party of the second parts and LAUR$3WR JCMM AUER ind MARY fAUISNAUER, husband and wife, herein party of the third parts W I T N E S B E T H t THAT !OR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.90)' cash in hand paid unto the party of the first part at and before delivery of this Deed, and other good and valuable consideration, receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey with full E14GLISH COVENANTS and GENERAL WARRANTY OF TITLE, unto the party of the second part, as tenants by the entirety with the full common law right of survivorship, an undivided one-half (tS) interest. and unto the party of the third part, as tenants by the entirety with full common law right of survivorship, an undivided one-half (y) interest, with each party holding as joint tenants with full common law right of survivorship as the Other,, all of that certain lot or parcel of land, together with all improvements thereon, located and being in the County of Frederick, State of Virginia, and more particularly described as follows$ All of that certain parcel of land designated as Lot -22A on the plat entitled •Division Survey of Lot 22 -Hogue Creek Estates', as the same is attached hereto and made a part hereof. SUBJECT To a drainfield easessent for Lot 228, as shown on the attached plat. AND BEING a portion of the same land conveyed to the party lof tLa first _rt by need dated October 10, 1983 and recorded in Deed book S67, at Page 639, owng the aforEsaid land records. OK696PGI2k j This conveyance is subject to all easements, rights lof way and restrictions of record. Reference is hereby made to ,the aforesaid deed or i deeds referred to therein for a more. particular description { of the land hereby conveyed. WITNESS the following signatures and sealsr GARY M. FINNIFF 44— �� (SEAL) KATHRYN M. FINtHIFF STATE OF VIRGINIA COUNTY OF LOUDOUN, to -wit( The foregoing Deed was acknowledged before me this (qts day of October, 1988 by Gary M, Finniff and Kathryn M. Ftnniff, in my Sta and County aforesaid. ROTARY PUBLIC l�My COmmilssiOn Expires: i I 1 LOT 2h 6 9 SW V 2 5 �at.Tr� a,,� ..�.���.t.r.. t�[. i� or a -- 2s�g5 w 3r 46 Of'"C - x70.45 1 �^ yiyy �r T'f ii I, pt ! I 4 Q��I yll WK Mi A.SMOMY QI �� } ♦ tOX UA MT. FAttS rt LOT 228 - - NRo4� • ._..SCK--� 2 5.000 AC 1 I, -o w I3 LL a=, 'Ir8 II N �� GI it a II I LOT4+y 22A i 'AMW= i I: , ; I� I. DAIN 1 1 5.000 � 721 Ac �y DAM— 'j LOT ! , Oulu i�� o o1ASOMW "y 23 �Tt+t y4 J6 1 _ jo�' tw !`�-�r this e1.i! , o`r tot oz LOT a" I r � ti' C.,* autos = the N 6aryitaL J asd U aaoorftm Ath the d..dm of fi ; Hyl a. Md tsl*ad 'ma, Z Zt.. Ir �` 1 f I esrtlry "at the land emtaiiwd 1y .itma ttw loads of this dlvwgn of N 111 Lot YY 1s ttw am" as that A a rd to `ll CW W. Tlasift and Satht3n N. tlaolft I Qot*Wr 29, I98j it Dnd soot 567 4 a 1 ra 659. �W I� Dumm awn ti r. LOTn� 1 21 l of tar rl - MW CRM rsr xrs vmk area VIA., ftedwdek Co., Ta. 1' a no' rd. m 3.9" P w13um Rau= cau m. Wr r..+Ys� y 7.o Ks1 t d �-. APPEAL APPLICATION #27-06 cK CO JRE WINCHESTER, LLC q Staff Report for the Board of Zoning Appeals w . Prepared: January 4, 2007 Staff Contact: Mark R. Cheran, 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: January 16, 2007 - Pending LOCATION: At the end of Yardmaster Court on the west side of Martinsburg Pike (US Route 11), approximately two miles north of Interstate 81, Exit 317 MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 44 -A -75C, 44 -A -75D, 44 -A -75E PROPERTY ZONING & USE: Zone: B3 (Industrial Transition Business) District Land Use: Undeveloped - Proposed James River Equipment Sales and Rentals ADJOINING PROPERTY ZONING & USE: North: Zone B3 (Industrial Transition Business) East: Zone B3 (Industrial Transition Business) South: Zone M1 (Light Industrial District) West: N/A Land Use: 84 Lumber Company & Undeveloped Land Use: Undeveloped Land Use: Residential Land Use: Interstate 81 APPEAL: To appeal a zoning determination of the Frederick County Zoning Administrator in accordance with Section 15.2-2311 of the Code of Virginia; two decisions made in the November 28, 2006 Zoning Determination Letter (see attached letter). REASON FOR APPEAL: Applicant is appealing two decisions made in the November 28, 2006 Zoning Determination Letter. The first decision involves the determination that vehicles for rent must be screened behind a six foot board -on -board fence or by evergreen trees. The second decision Appeal Application #27-06, JRE Winchester, LLC January 4, 2007 Page 2 involves the determination that the gravel area of the site that will be utilized for the display of equipment for sale or rent must have impervious surface landscaping as indicated in Section 165-27E of the Frederick County Zoning Ordinance. STAFF COMMENTS: The applicant is appealing the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance with regards to Sections 165-33 and 165- 27E of the Frederick County Zoning Ordinance. Section 165-33A states that all outdoor storage must be screened by a fence, wall or by screening. Section 165-33D states that "the display of vehicles for sale by a vehicle dealer (or other products for sale that are normally displayed outdoors) shall be exempt from the screening requirements of § 165- 33A. The Zoning Ordinance clearly designates that this ordinance pertains only to vehicles that are for sale, not to vehicles for rent or awaiting repair. The applicant in their appeal application states that James River Equipment should not be required to screen vehicles for rent or awaiting repair because other sites in the county have not been made to do so. Staff would note that all new sites that have been planned in the county that propose this type of use have been made to screen any vehicles awaiting repair or for rent as well as delineate any display areas for vehicles for sale (Alban Tractor, McClung Logan). While it is understood that some older sites within the county do not conform to current ordinance standards, any new sites are being made to conform. The ordinance clearly states that vehicles for sale at this site may be displayed but anything else, including vehicles for rent or awaiting repair are not exempt, must be screened properly. Therefore, vehicles or equipment for rent or waiting for repair must be screened behind a six foot board -on -board fence or by evergreen trees. Section 165-27E (11) (a), states that the perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet of impervious area over 100,000 square feet of the entire site. The County allows the area used for the storage of this type of vehicle/equipment to be gravel due to the weight of the equipment; landscaping requirements still apply to this parking lot. In the applicants' appeal application they state that due to the definition of impervious surface in the Zoning Ordinance and which items are not calculated towards the total, they are excluded from providing this landscaping. Section 165-156 Definitions and word usage, define "impervious surface" as any area generally paved or graveled, with a surface that prevents or significantly reduces absorption of stormwater into the ground. When calculating impervious surface area for landscaping purposes, retention and detention basins, dry wells, sidewalks, display areas, dumpster pads, and structures shall be excluded. The areas used to display the vehicles that are for sale clearly do not count towards the impervious surface calculations. However, the entire gravel parking lot that will also contain vehicles for rent and vehicles awaiting repair are not display areas and are clearly not exempt from the landscaping Appeal Application #27-06, JRE Winchester, LLC January 4, 2007 Page 3 requirements of §165-27E (11) (a) and need to provide the required landscaping. It is also noted that this area is classified as a parking lot not a storage lot due to the type of vehicles being stored (mechanized equipment is defined as a vehicle in the Merriam's-Webster Dictionary). STAFF CONCLUSIONS FOR THE JANUARY 16, 2007 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of Section 165-27 and 33 D of the Frederick County Zoning Ordinance regarding the requirements as they apply to the applicant's site plan. The requirements being placed on this site are requirements of the Frederick County Zoning Ordinance are the same requirements being placed upon all new developments within the county. § 165-32 ZONING § 165-33 E. Natural drainageways. In developments requiring site plan approval, natural drUu I1n1a geways .-hall he used whenever N^oss;blV-- to carr`r stormwater runoff. F. Drainage easements. Whenever a development requiring site plan approval is traversed by a watercourse, drainageway, channel or stream, a drainage easement shall be provided. Such easement shall substantially follow the line of such drainageway and shall be of sufficient width to preserve the natural drainage. A deed of dedication shall be submitted to the Zoning Administrator for such drainage easements describing the manner in which drainage is to be protected. G. Sinkhole protection. Stormwater from developments shall not be discharged into sinkholes. Sinkholes capable of absorbing substantial amounts of stormwater shall be protected by diverting runoff from the sinkhole. § 165-33. Outdoor storage and processing. The outdoor storage or processing of products, equipment or raw materials is allowed in the business and industrial districts or in association with business uses allowed in any other zoning district only if the outdoor storage is directly associated with the primary uses of the property. A. In such cases, the outdoor storage or processing shall be completely screened from the view of road and street rights-of-way and from surrounding properties by a fence, wall or by screening. B. Such outdoor storage and processing shall not be permitted in any required front setback yard. C. The Zoning Administrator may require that the storage of hazardous materials or any materials which may contribute to contaminated runoff be fully enclosed. Where such materials are stored outdoors, they shall be contained within an impervious structure designed to contain spillage or contaminated runoff. D. The display of vehicles for sale by a vehicle dealer or nursery stock by a commercial nursery, along with other products for sale that are normally displayed outdoors, shall be exempt from the above requirements. 16553 6-10-2003 165-156 FREDERICK COUNTY CODE § 165-156 r HOSPITAL — An institution rendering medical, surgical or convalescent care, including nursing homes, homes for the aged and sanatoriums and treatment centers that serve patients at least partially on an inpatient basis. HUMANITARIAN AID ORGANIZATIONAL OFFICE — A charitable organization established to provide relief assistance to an identified distressed, underprivileged group. Relief would be provided in such forms as clothing, medical supplies or educational contributions. The organization must provide a public beneficial interest to the community. [Added 1-27-19991 IMMEDIATE FAMILY — Any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, or parent of the property owner. [Added 7-10-2002] IMPACT ANALYSIS A written statement describing the potential impacts of an application or development plan or proposal, including maps, plans, diagrams and other materials, and meeting all requirements set forth by the Frederick County Department of Planning and Development. IMPERVIOUS AREA Any area, generally paved or graveled, with a surface that prevents, or significantly reduces; absorption of stormwater into the ground. When calculating impervious area for landscaping purposes, retention and detention basins, dry wells, sidewalks, display areas, dumpster pads, and structures shall be excluded. [Added 4-23-20031 INACTIVE DISTANCE BUFFER — A distance buffer which contains no structures, buildings, roads, driveways, accessory uses or activities. INDUSTRIAL PARK — A development within the B3 Industrial Transition, M1 Light Industrial or M2 Industrial General Zoning District, containing two or more uses within a single approved master development plan or site plan. INOPERABLE MOTOR VEHICLE — Any motor vehicle which is not in operating condition, or any vehicle which has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal. [Amended 8-11-1993] 16698 10-20-2005 § 165-27 FREDERICK COUNTY CODE § 165-27 (11) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the M1 Light Industrial District, the M2 Industrial General District and the MS Medical Support District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: [Amended 9-12-2001; 4-23-20031 (a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet of impervious area over 100,000 square feet of the entire site. Self-service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § 165-44, Self-service storage facilities. The majority of these trees shall be located around parking lots. A three -foot -high evergreen hedge, fence, berm, or wall shall be provided to prevent headlights from shining on public rights-of-way and adjoining properties. All perimeter landscaping shall comply with the requirements of § 165-36C, Plant selection, planting procedure, and maintenance. (b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior 16538 6-10-2003 U J�TY �, +yam U Q � Q W r� OffBR - �' ♦ ., W � Q �' h (D �1= f— N T4 Q. N �.i U (_) Q 44 C\\ l _ d fes,' 7 – O n L aL �rn12 ma`inh�N �Iju Y I1 �1 I Z t^i r ♦ 1 00 " _ A• J •� a R.- �.r - , ate. -' $ • C .� W 'rd �✓� ��P a � n�.. •ria �� ♦• � � ATL ,yt�y � �. v.• ro tisw.. `i \ ��' r• Gam I ', v e • .i � +� w � u �,• ons 7 •� . T . J m �' .r -L } • • Q U el J 0d'� J O O'�Q w • �% O c_ dF,r a ca � � Q, •�' C CI C .c J _ � = C N N ! _ — < c a r¢n 6w =i L r .0013OFF'/ _. 40.42 ac. f o .. i9Z b 66 a ti o A ~4 wa m i r t �'��; JCA/ •'_....,, ` � � ` ��` �ja� \ ; ' 4 $ try � . \'�k.,� +�Oc Y�\\\ '�,�'` `, r • � � "'"'--e �� � v4 v t _ • J o Ua J LO x D Q w yvax. p i ' L" o Ln 10 r Q. N VC/) } L N ...y J LU �. m U C 3 CL P A Q c _ra = d' S� d x: L ® K K N= C c K � O ((�� d Y r � ® 10 .:A ®® = N S C a N v r i m E v Q¢�inf= va N�-2 04 o U OMDOFF 44 A TT aU 4OA2 ac Soc f o m \ NNA7 Y 1 u U f zam Nbr� � o t Z� � � v " 1 lk N Y �' i\.. -• aures River Equipment Subject: James River Equipment From: Candice Perkins <cperkins@co.frederick.va.us> Date: Thu, 07 Sep 2006 13:46:46 -0400 To: Dave Falkenstein <dfalkenstein@greenwayeng.com> BCC: Eric Lawrence <elawrenc@co.frederick.va.us>, Mark Cheran <mcheran@co.frederick.va.us> <>Dave, Regarding our meeting about the James River Equipment Site, there are two ordinance allowed options for the area where the equipment will be parked. 1. The equipment being stored on the site falls under the definition of a vehicle and is subject to the requirements of section 165-27 of the Frederick County Zoning Ordinance. Therefore each piece of equipment must be stored within a parking space. The surface of the lot must be paved and landscaped accordingly per the Zoning Ordinance. Option 1 for the site involves paving the lot, providing parking spaces and landscaping the lot per the ordinance. 2. Recognizing the type of equipment that this site will deal in, we can work with you regarding the material that will be used in the lot (gravel v. pavement) so that the equipment will not destroy the pavement. This site is still required to provide parking lot landscaping per section 165-27 of the Zoning Ordinance. Option 2 involves utilizing a gravel parking lot and providing the required landscaping. <>If you have any questions, please feel free to contact me. Candice Perkins Planner II Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540)665-5651 I of 1 9/22/2006 8:22 AM October 9, 2006 Frederick County Planning Department Attn: Mark Cheran, Zoning Administrator 107 North Kent Street Winchester, VA 22601 RE- Zoning Determination Letter Request — James River Equipment Property Dear Mark: FILA: M The purpose of this letter is to request an official letter of zoning determination for the Jaynes River Equipment commercial property identified as tax map parcels 44 -((A)) -75C, 44 -((A)) -75D and 44 -((A)) -E in the Stonewall Magisterial District. A Site Development Plan has been prepared for these tax map parcels and submitted to your department for review and comment. The Site Development Plan provides for the development of a gravel yard beginning at the location in which an eight -foot high chain link fence is proposed to be installed to the south of the proposed commercial entrance and parking lot area. The purpose of this gravel yard area is for the outdoor storage and display of equipment for sale and rent and for the outdoor storage of equipment awaiting repair. Greenway Engineering received a Site Development Plan comment letter from your department dated August 28, 2006 pertaining to the James River Equipment property. Comment 93 Gravel Yard states that the gravel area will be used for storage that will require screening and for heavy equipment for rent and equipment awaiting service that will require screening. Comment #4 Landscaping states that gravel areas count toward impervious surface calculations and will require landscaping. Additionally, Greenway Engineering received e-mail correspondence from your department dated September 7, 2006 pertaining to the James River Equipment property. Comment #1 states that the equipment being stored on site falls under the definition of a vehicle and that each piece of equipment must be stored within a parking space that is paved and landscaped. Comment #2 states that your department can work with the property owner on the material type and that landscaping is still required. It should be noted that § 165-156 of the Frederick County Zoning Ordinance does not provide a definition for vehicles. James River Equipment, like other commercial equipment dealers such as Winchester Equipment, is in the business of sales and rental of heavy equipment and offers repair service of this equipment. Existing commercial equipment dealers within Frederick County utilize outdoor storage and display of equipment for sale and rent within areas of their site that are neither paved parking spaces or are landscaped. James River Engineers Sunrevors 5 1%le�;_iurlc5�-C-:zE;=-�1_�._ -k__ File 93949J/EAW << caZ'r. i��[tiv3i%ce'xb.C�9te1 FILE COPY 1✓cluil»-tlenc has identified Mlle portion or she: ravel yard chat will be utilized for the ourcloor storage, or equipment aw'L�iting re.palr, which will be, screened by a sl«-Ioo[ wooden fence as specified in § 165-33 of the Frederick County Zoning Ordinance. The remaining portion of the gravel yard will be utilized for outdoor storage and display of equlprnent for sale or rent. It is requested that a zoning determination is provided to reflect the comments from your department pettailung to the James River Equipment Site Development Plan. Specifically, a zoning determination is requested as to the allowance of commercial equipment for rent being exempt for screening under the provisions of § 165-33D of the Frederick County Zoning Ordinance (Comment 93 — August 28, 2006 Letter). A zoning determination is requested as to the gravel yard area not counting towards the impervious surface landscaping calculation based on the Frederick County Zoning Ordinance definition of Impervious Area — Any area, generally paved or graveled, with a surface that prevents, or significantly reduces, absorption of stormwater into the ground. When calculating impervious area for landscaping purposes, retention and detention basins, dry wells, sidewalks, display areas, dumpster pads, and structures shall be excluded. (Comment 94 — August 28, 2006 Letter). A zoning determination is requested as to the outdoor storage of commercial equipment for sale or rent not to be required to provide a paved parking space with landscaping for each piece of equipment (Comment 41 — September 7, 2006 E-mail), similar to other existing commercial equipment dealers such as Winchester Equipment. Please find attached the required application fee for the requested Zoning Determination Letter, as well as copies of the August 28, 2006 Site Development Plan Cormnent Letter and the September 7, 2006 E-mail Correspondence from your department. Please review this information and advise me if you need anything else at this time and I will forward it to you lim-lediately. I look forward to your response at your earliest possible convenience. Sincerely, �Uci a- . � Evan Wyatt, AICP Greenway Engineering Cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Brad Maas, James River Equipment Pile #3949.1/EAU/ - HAND -DELIVERED November 28, 2006 COUNTY of FRET DERICK Department of Planning and FD' evelepmeni 54-01665-5651 FAX: 540/665-6395 Evan Wyatt, AICP Greenway Engineering 151 Windy 1-IilI Lane Winchester, VA 22602 RE: Zoning Determination James River Equipment Property Identification Number (s) (PIN): 44 -A -75C, 44 -A -75D and 44 -A -75E Zoning District: B-3 (Industrial Transition) Dear Mr. Wyatt: This letter is in response to your correspondence dated October 9, 2006, to the Zoning Administrator requesting a zoning determination on the comments from staff regarding Site Plan 48-06, which has been submitted for the above -referenced properties. Specifically, a zoning determination in regards to comment #3 and #4 of the Site Development Plan Comment Letter for this project; and comment #1 of an e-mail dated September 7, 2006. Site Development Plan Letter Comment 43- Section 165-33D allows for vehicles for sale by a vehicle dealer to be exempt from the screening requirements of this section. Therefore, vehicles for rent or waiting for repair must be screened behind a 6' board on board fence or by evergreen trees. Site Development Plan Letter Comment #4 -,=nd e-mail comment #1 dated September 7, 2006, Section 165-27E (11) (a), the perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet of impervious area over 100,000 square feet of the entire site. Impervious Surface as defined in Section 165-156 (Definitions) - Any area, generally paved or graveled that prevents, or significantly reduces absorption of storm water into the ground. Therefore, portions of the gravel lot used for the storage of vehicles for rent or waiting repair must have impervious surface landscaping as indicated in § 165-27E. The storage lot for the vehicles for sale, rent or waiting repair does not have to be paved. This lot can be gravel due to the type of equipment (possible damage to the lot ��' '� P (P g )• n r j 'b FEr 1l i0 n J i t 107 11,1erth Dent Street, Suite 202 'Winchester, Virginia 22601-5000 Page 2 Evan Wyatt, AICP Re: Zoning Determination — James River Equipment November 28, 2006 Section 165-156 (Definitions) any word, term or phrase used in the Zoning Ordinance not defined in the definitions shall have the meaning ascribed in the most recent edition of the Merriam -Webster's Dictionary. The Merriam -Webster's Dictionary the definition of a vehicle is a piece of mechanized equipment, as related to this zoning determination. As noted in the review comment letter and e-mail from staff regarding this project, all of above comments will need to be addressed and implemented for approval of this site plan. You may have the right to appeal this zoning determination within thirty (3 0) days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-155A(1) of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, written statement setting forth the decision being appealed, 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 $300.00 filing fee ($250.00 filing fee and a $50:00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Please do not hesitate to contact me regarding any questions you may have at (540) 665-5651. Sincerely, y Mark R. Cheran Zoning Administrator MRC%dlw ?006 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Appeal of Application # Submittal Date i ) � F Fee Paid einitials. .12! Submittal Deadline For the meeting of 4,11 L,jo -7 7 MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the Owner Other X (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Greenway Engineering NAME: JRE Winchester, LLC ADDRESS: 151 Windy Hill Lane ADDRESS: 11047 Leadbetter Road Winchester, VA 22602 Ashland, VA 23005 TELEPHONE: (540) 662-4185 TELEPHONE: (804) 798-6001 3. The property is located at (give exact directions and include State Route numbers): Located at the end of Yardmaster Court on the west side of Martinsburg Pike (US Route l l) approximately 2 miles north of Interstate 81 Exit 317. 4. Magisterial District: Stonewall Magisterial District 5. 14 -Digit Property Identification No.: 44 -((A)) -75C; 44 -((A)) -75D & 44 -((A)) -75E 6. The existing zoning of the property is: B3, Industrial Transition District 7. The existing use of the property is: Unimproved — Proposed James River Equipment Sales and Rentals. FS a 10 Adjoining Property: Describe the decision being appealed. (Attach a copy of the written decision.) James River Equipment Company is appealing a zoning determination of the Frederick County Zoning Administrator in accordance with Section 15.2-2311 of the Code of Virginia. Two decisions made in the November 28, 2006 Zoning Determination Letter prepared by the Frederick County Zoning Administrator are being appealed. The first decision involves the determination that vehicles for rent must be screened behind a six- foot board on board fence or by evergreen trees. The second decision involves the determination that the gravel area of the site that will be utilized for the display of equipment for sale or rent must have impervious surface landscaping as indicated in § 165-27E of the Frederick County Zoning Ordinance. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) Decision #l: Vehicle and equipment dealers exist throughout Frederick County that provide for both the sale and rental of their products. Examples of these businesses include James River Equipment, Winchester Equipment, Sunbelt Rentals, Grand Rental Station, U -Haul, Pensky, Enterprise, Hertz and multiple car dealerships that lease vehicles. To date, Frederick County has not required any of these businesses to screen the rental equipment or rental vehicles associated with these businesses, nor have any site plans approved by Frederick County required business owners to differentiate outdoor display areas for equipment or vehicles for sale versus equipment or vehicles for rent. Decision #2: The zoning determination letter describes the first sentence of the definition of Impervious Area from the Zoning Ordinance as the basis for requiring parking lot landscape requirements. However, the Frederick County Zoning Administrator did not provide the second sentence of the definition for Impervious Area which states "When calculating impervious area for landscaping purposes, retention and detention basins, dry wells, sidewalks, display areas, dumpster pads, and structures shall be excluded." Therefore, the Impervious Area definition clearly exempts outdoor display areas from landscaping requirements. USE ZONING North 84 Lumber Company B3 Unimproved B3 East Unimproved B3 South Residential Mi West Unimproved B3 Describe the decision being appealed. (Attach a copy of the written decision.) James River Equipment Company is appealing a zoning determination of the Frederick County Zoning Administrator in accordance with Section 15.2-2311 of the Code of Virginia. Two decisions made in the November 28, 2006 Zoning Determination Letter prepared by the Frederick County Zoning Administrator are being appealed. The first decision involves the determination that vehicles for rent must be screened behind a six- foot board on board fence or by evergreen trees. The second decision involves the determination that the gravel area of the site that will be utilized for the display of equipment for sale or rent must have impervious surface landscaping as indicated in § 165-27E of the Frederick County Zoning Ordinance. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) Decision #l: Vehicle and equipment dealers exist throughout Frederick County that provide for both the sale and rental of their products. Examples of these businesses include James River Equipment, Winchester Equipment, Sunbelt Rentals, Grand Rental Station, U -Haul, Pensky, Enterprise, Hertz and multiple car dealerships that lease vehicles. To date, Frederick County has not required any of these businesses to screen the rental equipment or rental vehicles associated with these businesses, nor have any site plans approved by Frederick County required business owners to differentiate outdoor display areas for equipment or vehicles for sale versus equipment or vehicles for rent. Decision #2: The zoning determination letter describes the first sentence of the definition of Impervious Area from the Zoning Ordinance as the basis for requiring parking lot landscape requirements. However, the Frederick County Zoning Administrator did not provide the second sentence of the definition for Impervious Area which states "When calculating impervious area for landscaping purposes, retention and detention basins, dry wells, sidewalks, display areas, dumpster pads, and structures shall be excluded." Therefore, the Impervious Area definition clearly exempts outdoor display areas from landscaping requirements. 11. Additional comments, if any: James River Equipment began site plan design in April 2006 and has been attempting to obtain site plan approval to develop their new facility along Yardmaster Court. All review agencies that are required to review this site plan have provided approvals with the exception of the Planning Department. James River Equipment has been unable to move forward with this economic development proposal for 4 months as a result of this landscaping and screening issue. It is requested that the Board of Zoning Appeals overrule the determination of the Frederick County Zoning Administrator to allow this economic development proposal to move forward. 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought; including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list complete 14-di2it property identification number.) NAME The Adams Development Group Address HC 34 Box 30 Bloomery, WV 26817 Property ID# 44-((A))-75 O.L. Payne & Ruth B. Payne Address PO Box 160 Stephenson, VA 22656 Property ID# Hardy Management Company, LLC Address 1019 Route 519 Eighty Four, PA 15330 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# 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 " ' / Lai DATE SIGNATURE OF OWNER (f DATE 2 (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 6Z&7 ACTION: -DATE- APPEAL OVERRULLED APPEAL SUSTAINED Rev. 1/97 SIGNED• BZA CHAIRMAN DATE: Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) JRE Winchester, LLC (Phone) (804) 358-6776 (Address) 11047 Leadbetter Road Ashland, VA 23005 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 060002887 on Page 0080, Instrument No. 060023111 on Page 0571, and is described as Parcel: 44 Lot: 75C Block: A Section: Subdivision: Parcel: 44 Lot: 75D Block: A Section: Subdivision: Parcel: 44 Lot: 75E Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment ® BZA Appeal My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto se ).yny (qtu}hat d and seal this _xY day of 01 L , 200 (� Signature(s) State of Virginia, City/County of W& i,Joi,eaq OvLoaa Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowl ed the same b fore P in the jurisdiction aforesaid this aQ day of :122L, 200k--. 1 My Commission Expires: j% Notar Pub is C ' LEGEND °C W PARKING LOT AREA GRAVEL EQUIPMENT DISPLAY AREA W o �, e GRAVEL EQUIPMENT REPAIR STORAGE AREALLI z � '`'s/ / Q,Lu R SY jIp RF opr-cI RETAIL A A f• =fir �4 / \ ,% .'' \\ �\\ �\. a r r AI \\ �4..• ,f FMF R SHOP ` \ \ \ \\\\ \\ \ nc-7.,; f1vel. AMA 5L 0wn5 ' y UJASM ESUILDIW-iDIWL �} A E a L Lu • _ +\ A W LLI H E- DAM DecomWr 2008 SCALE H. l'-100 dJ N- Y " . DESIGNED Hr. DF/9GY ~t.=-�.. ,,.�,•. - �..err. FIIS NO. 98487 9HEEf 1 OF I