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BZA 03-20-07 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia March 20, 2007 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of February 20'2007 PUBLIC HEARING 3) Appeal Application #03-07 of Roma Restaurant, submitted by Greenway Engineering, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to Section 165-30A(1), animated or flashing signs. The subject property is located on the south side of Fairfax Pike (Route 277), approximately 500 feet east of Interstate 81, Exit 307, and is identified with Property Identification Number 85 -A - 148E in the Opequon Magisterial District. 4) 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 M Kent Street, Winchester, Virginia, on, February 20, 2007. PRESENT: Theresa Catlett, Chairman, Opequon District; Dwight Shenk, Gainesboro District; Eric Lowman, Red Bud District; and Robert W. Wells, Member -At -Large. ABSENT: Robert Perry, Vice Chairman, Stonewall District; Kevin Scott, Shawnee District; and, Jay Givens, Back Creek District. STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; Lauren Krempa, Zoning Inspector; and Bev Dellinger, BZA Secretary. The Board of Zoning Appeals did not have a quorum for this meeting. The Chairman was aware that two members would not be attending. A telephone call was made to Mr. Wells, asking him if he could attend this meeting. Chairman Catlett asked the applicants if they wanted to wait for Mr. Wells to arrive, giving the BZA a quorum, or if they wanted to postpone their item until the March 20, 2007 meeting. The applicants responded that they would prefer to wait and have their item voted on today. CALL TO ORDER The meeting was called to order by Chairman Catlett at 3:55 p.m. On a motion by Mr. Shenk and seconded by Mr. Lowman, the minutes for the January 16, 2007 meeting were unanimously approved as presented. The cut-off date for the March meeting is February 23, 2007, and at this time, there is one item to be heard. PUBLIC HEARING Variance Request #01-07 of Ralph Combs for a 15 foot front yard variance, resulting in a front yard setback of 20 feet, for the construction of a handicap accessible ramp. This property is located at 100 Fortress Drive in the Star Fort Subdivision, and is identified with Property Identification Number 54N-2-2-32 in the Stonewall Magisterial District. ACTION — VARIANCE APPROVED Ms. Krempa gave the staff report. Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned R2 (Residential General). The property setback lines at ' ? adoption of the zoning ordinance were 35 feet for the front, 10 feet for the side yards and 35 feet to the ar. Frederick County amended its zoning ordinance in 1989 to change the R2 zoning districts to the current Minute Book Page 1430 Frederick County Board of Zoning Appeals Minutes of February 20, 2007 RP (Residential Performance) Zoning District, making the current setbacks for the property 35 feet front, 21 feet rear and 10 feet to 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 15 foot front yard variance, resulting in a new front yard setback of 20 feet, for the construction of a wheelchair ramp for a resident of the property. Should this variance be granted, the building setbacks would change to 20 feet in the front and remain 25 feet in the rear and 10 feet on both sides. Staff has worked with the applicant to discuss alternative building configurations and building options for this ramp, none of which are able to meet the building code requirements from the Americans with Disabilities Act. Based on the shape of the property and the small buildable area on the lot due to various buffers and easements, it appears that this variance does meet the intent of the Code of Virginia, Section 15.2-2309(2). This request from the current setbacks of the RP zoning district could be justified. Mr. Combs approached the podium and identified himself as the Executive Director of Shenandoah Valley Community Residencies. This is a non-profit organization that provides residential services for adults with mental retardation. Mr. Combs further stated that the house on the property is a six -bed group home. Ms. Ellen Murphy, one of the Board members for Shenandoah Valley Community Residencies, spoke in favor of this variance. As there were no questions from Board members for staff or the applicant, and there were no fiirther citizen comments, the public hearing portion was closed. DISCUSSION Mr. Shenk made a motion to approve the variance. Mr. Wells seconded the motion and the vote was unanimous. PUBLIC HEARING Variance Request #02-07 of Gary Baylis for a 49 foot right yard variance resulting in a 51 foot right yard setback for the construction of a single family dwelling. 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 APPROVED Ms. Krempa gave the staff report. The property setback lines for this property at the time of adoption of the Frederick County zoning ordinance were 35 feet to the front, 25 feet to the rear and 15 feet on both sides. In 1989, Frederick County amended its zoning ordinance to change rural classification districts to the currer. Minute Book Page 1431 Frederick County Board of Zoning Appeals Minutes of February 20, 2007 RA (Rural Areas) District. At that time, the setbacks for this property changed to 60 feet to the front, 100 feet i the rear and 100 feet on 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 49 feet for the right side yard. Should this variance be granted, the building setbacks would remain 60 feet to the front, 100 feet to the rear, 100 feet to the left side and would change to 51 feet on the right side. Staff would point out that a different variance request for a front yard variance was heard by this Board in November of 2006 for the same property. That application was tabled at the applicant's request and was then withdrawn by the applicant. For this variance request, the applicant has reconfigured the location of the house on the property and has addressed all the concerns of the previous meeting. The applicant is now requesting a right side yard variance off of the Frederick County Landfill, as opposed to the original front yard variance request. Staff would also note that the applicant did obtain the necessary approvals for this dwelling from the Health Department and from the Virginia Department of Transportation, but will still need to meet all the .requirements of the County Engineer which could be addressed at the building permit stage. It appears that this variance does meet the intent of the Code of Virginia, Section 15.2-2309(2) and the request from the current setbacks of the RA zoning district may be justified. Mr. Baylis approached the podium and identified himself. Mr. Baylis stated that initially the dwelling was located closer to Sulphur Springs Road. Mr. Baylis said that Mr. Strawsnyder with the landfill was objecting and had an issue with the flood zone on the property. Mr. Baylis withdrew his request due to that. objection. An engineering firm was brought in to look at the question of the flood zone. The engineers re- examined the survey and discovered that there had been an error made in the platting of the flood zone on the property. The correction moved the flood zone back an addition 50 feet which granted him more space from the road. He was able to re -plat the house on the property, and move it back 60 feet off the road frontage. Mr. Baylis stated there was a communication problem initially and he thought he had the proper distance off the landfill's property, which it turned out that he did not have, due to the fact that the land is adjoined to County property. Instead of the normal 50 feet, he is required to have 100 feet. Due to the configuration of the lot, it's pie -shaped and runs toward the road, it limits his ability to put the home on the property, so he is requesting a variance off of the landfill side. Mr. Baylis stated that were it not County property, he would meet the requirements. As there were no Board member questions of staff or the applicant, and no citizen comments, the public hearing portion was closed. DISCUSSION Chairman Catlett asked Mr. Cheran to confirm the only issue is the fact that the adjacent property is owned by the County and Mr. Cheran stated that is correct. Mr. Cheran further stated that Mr. Baylis has addressed all the issues concerning this variance request. Minute Book Page 1432 Frederick County Board of Zoning Appeals Minutes of February 20, 2007 Mr. Wells made a motion to approve this request. Mr. Shenk seconded the motion and the vote was unanimous. 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 4:10 p.m. by unanimous vote. Respectfully submitted, Theresa B. Catlett, Chairman Bev Dellinger, Secretary Minute Book Page 1433 Frederick County Board of Zoning Appeals Minutes of February 20, 2007 APPEAL APPLICATION #03-07 41GK r CSG ROMA RESTAURANT a h Staff Report for the Board of Zoning Appeals w l� Prepared: March 7, 2007 Sian Coniaci: Mark R. Cneran, 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: March 20, 2007 - Pending LOCATION: The subject property is located on the south side of Fairfax Pike (Route 277), approximately 500 feet east of Interstate 81, Exit 307. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUNIBER(S): 85 -A -148E PROPERTY ZONING & USE: Zoning: Land Use ADJOINING PROPERTY ZONING & USE: North: B2 (General Business) East: B2 (General Business) South: B2 (General Business) West: B2 (General Business) B2 (General Business) District Commercial Land Use: Commercial Land Use: Commercial Land Use: Commercial Land Use: Commercial APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-30A(1), animated or flashing signs. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to the use of LED (Light Emitting Diode) signage in Frederick County. Appeal Application #03-07, Roma Restaurant March 7, 2007 Page 2 STAFF COMMENTS: The applicant is appealing the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance with regards to LED (Light Emitting Diode) signs and EMB (Electronic Message Board). The Frederick County Zoning Ordinance does not define this type of sign; Section 165-4 of the Frederick County Zoning Ordinance authorizes the Zoning Administrator to make interpretations and applications of the zoning ordinance. Historically, Frederick County has not allowed this type of signage. Furthermore, Section 165-30 A (1) of the Frederick County Zoning Ordinance does not allow animated or flashing signs within Frederick County. Article XXII Definitions, Section 165-156 of the Frederick County Zoning Ordinance, defines animated and flashing signs as: • ANIMATED SIGN — Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. • FLASHING SIGN — Any sign directly or indirectly illuminated that exhibits changing natural or artificial light or color effects by any means whatsoever. This proposed sign falls under the definition of a flashing sign and is not permitted. Any change in definitions or types of signage allowed by the Frederick County Zoning Ordinance is a legislative action and not within the scope of the Board of Zoning Appeals. STAFF CONCLUSIONS FOR THE MARCH 20, 2007 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-30A(1) and Section 165-156, that LED and EMB signage is flashing and is not a permitted sign in Frederick County. § 165-156 ZONING § 165-156 SELF-SERVICE STORAGE FACILITY — A structure containing separate storage spaces of varying sizes leased or rented as individual leases for the purpose of storing personal property and household goods. SEMITRAILER — Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. [Added 6-9-19931 SERVICE STATION— Any premises primarily used for supplying gasoline, oil, tires, accessories and services for automobiles at retail directly to the motorist or consumer. Repair uses are accessory to the other retail services provided. SETBACK — The required distance between a building or structure and a lot line. SETBACK, FRONT YARD — The required distance between a street right-of-way line and the front line of a building or structure. SETBACK, REAR YARD — The required distance between a building or structure and the rear lot line of the lot containing the building or structure. SETBACK, SIDE YARD — The required distance between a building or structure and the side lot line of the lot containing the building or structure. SEWAGE TREATMENT FACILITY — Any device or system used in the storage, treatment, disposal or reclamation of sewage and industrial wastes generated by more than two uses or dwellings. SHOPPING CENTER — Any development in the B1 Neighborhood Business or B2 Business General Zoning District containing two or more uses within a single approved master development plan or site plan. SIGN — Any object, device, display or situated outdoors or indoors, which is display, direct or attract attention to an organization, business, product, service, means, including words, letters, figures, colors, illumination or projected images. structure or part thereof, used to advertise, identify, object, person, institution, event or location by any design, symbols, fixtures, 16707 6-10-2003 § 165-156 FREDERICK COUNTY CODE § 165-156 A. SIGN, BUSINESS — A sign which directs attention to a business or profession conducted or to a commodity or service sold, offered or manufactured or to a service or entertainment offered. B. SIGN, COTTAGE OCCUPATION — An on -premises sign advertising an approved cottage occupation. C. SIGN, DIRECTIONAL— An off -premise sign containing directional messages concerning the distance or direction to particular locations. [Amended 9-12-20011 D. SIGN, BUILDING ENTRANCE — A sign designating the location to the outside entrance to a particular use. E. SIGN, OFF -PREMISES — A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on a parcel of land other than the one on which the sign is located. F. SIGN, ON -PREMISES — A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on the parcel of land on which the sign is located. G. SIGN, TEMPORARY or PORTABLE — A movable sign not affixed to the ground or intended to be moved or intended for temporary use. H. SIGN, ANIMATED — Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. [Added 9-12-20011 I. SIGN, FLASHING —Any sign directly or indirectly illuminated that exhibits changing natural or artificial light or color effects by any means whatsoever. [Added 9-12-20011 J. SIGN, ILLUMINATED — A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign. [Added 9-12-20011 K. SIGN, INFLATABLE — Any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event. [Added 9-12-20011 16708 6-10-2003 § 165-156 ZONING § 165-156 L. SIGN, INTERSTATE OVERLAY— An on -premise business sign located within the Interstate Area Overlay District meeting all requirements of Article XVI of this chapter. [Added 9-12-20011 M. SIGN, MONUMENT— A business sign or subdivision entrance sign placed directly on the ground by means other than a support pole or brace in which the message portion is either on top of, or affixed to, the support structure. [Added 9-12-20011 N. SIGN, ON-SITE INFORMATIONAL— A sign commonly associated with, and not limited to, information and directions necessary for the convenience of visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms, and pick-up and delivery areas. [Added 9-12-20011 O. SIGN, ROOF — A sign that is mounted on the roof of a building or a sign that projects above the top wall or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof. [Added 9-12-20011 P. SIGN, PORTABLE — A sign that is not permanent, not affixed to a building, structure, or the ground, and is intended to be moved or intended for temporary use. [Added 9-12-20011 Q. SIGN, WALL -MOUNTED — A sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for the sign. [Added 9-12-2001] SIGNIFICANT EXTERIOR ALTERATION — Any change in the exterior appearance of a structure, excluding minor changes, such as painting, minor repairs and installation of easily removed equipment, such as air conditioning and/or storm doors or windows. SINKHOLE — Any depression in the surface of the ground which provides a means through which surface water can enter directly into subsurface aquifers. SITE PLAN — A specific and detailed plan of development meeting the requirements of this chapter. STEEP SLOPES — Land areas where the slope exceeds 50%. [Amended 8-9-2000; 4-23-20031 16709 6-10-2003 u� LLI r , I 0 R i�l (Q � •� (6 d • (O x��3 oo Q Iol M 78/ L �] d C 15 C m o a E it a Z I�i D LL (q a V1 H Q u tl m LLI '�e D02� T 858 m z N1HINE 25 21 PARTLOW 85B 21 36 d�yd�0.4 A` uR o N g5B p ac. 0 ac. SQ`'( ryF�16 �J a Nrsp% 8y9 pac. 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PARTLOW 36 t est 85B p yc. .a` 3A zm 858 2A o r p ac. 85B 21 0 ac. s ✓rJ a � 05g pac G� B t JP Nps l g „�, \ �� � ti a°• �y s o rnt� N O r m o aM n i v W w � OBy� also y a m sg � 04= p�'QirH r t �Q 7 O � 3:iF a� N Q� i COUNTY of FREDERICK Department of Planning an(i Development 540/665-5651 FAX: 5401665-6395 CERTIFIED MAIL January 3, 2007 Bryan & Coleman, P.L.C. Attn: Michael L. Bryan 9 Court Square, 2°d Floor Winchester, VA 22601 RF: Zoning Determination of Proposed Signage (Roma Restaurant) Property Identification Number (PM: 85 -A -148E Zoning District: B-2 (Business General) Dear Mr. Bryan: This letter is in response to your correspondence dated December 22, 2006, to the Zoning Administrator requesting a zoning determination on signage on the above -referenced property. In your correspondence, you referenced the proposed sign for the Roma Restaurant will be ofan LED (Light Emitting Diode) type_ Section 165-30 of the Frederick County Zoning Ordinance does not specify this type of sign, but prohibits the use of animated and flashing signs in Frederick County. This type of sign has toe ability to be used as an animated or flashing sign; furthermore, Section 165-4 of the Fredericl County Ordinance allows the Zoning Administrator to make interpretations ofthe applications ofthF zoning Ordinance. Frederick County has traditionally not allowed the use of these types of signs.1 You may have the right to appeal this zoning determination within thirty (3 0) days of the dare of this letter in accordance with Section 15.2-2311 of the Code of Virginia- This decision shall be AaW and unappealable if it is not appealed within thirty (30) days. Should you choose to appeal, th6 appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article AXI, 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 I 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Bryan & Coleman, P.L.C. Re: Zoning Determination of Proposed Signage (Roma Restaurant) January 3, 2007 i 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 riling fee anti w50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled far public hearing and decision before the BZA. Contact me regarding any questions you may have at (540) 665-5651. Sincerely, eran Zoning Administrator cc: Scully, LTD 603 A South Loudoun St. Winchester, VA 22601 MRC/dlw APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Appeal of Applicatio # e,3 —0'7 Submittal Deadline s, 12-7 Submittal Date For the meeting of r Fee Paid ✓r yes initials: 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: Scully, LTD ADDRESS 151 Windy Hill Lane ADDRESS 603A South Loudoun St Winchester, VA 22601 Winchester, VA 22601 TELEPHONE: (540) 662-4185 TELEPHONE: (540) 667-4220 3. The property is located at (give exact directions and include State Route numbers): The property is located on the south side of Fairfax Pike (Route 277); approximately 500 feet east of Interstate 81 Exit 307.. 4. Magisterial District: Opeguon 5. 14 -Digit Property Identification No.: 85 -((A)) -148E 6. The existing zoning of the property is: B-2, Business General District 7. The existing use of the property is: Commercial (Roma Restaurant) La W 10. Adjoining Property: USE ZONING North Commercial B 1 & B2 East Commercial B2 South Commercial B2 West Commercial B 1 & B2 Describe the decision being appealed. (Attach a copy of the written decision.) The Applicant is appealing a zoning determination made by the Frederick County Zoning Administrator, in which the use of LED (Light Emitting Diode) technology for the message portion of the Roma Casual Italian & Greek Dining business sign is being interpreted as an animated or flashing sign and is therefore not permitted for this project. (Please refer to attached Zoning Determination Letter signed by Mark R. Cheran, Zoning Administrator, dated January 3, 2007.) Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) The Applicant's basis for appeal of the zoning determination is as follows: ➢ This business sign is designed to allow for the 2' x 8' message board portion of the Roma Casual Italian & Greek Dining sign to be modified through LED (Light Emitting Diode) technology at a reasonable time interval of no less than 5 minutes, which will ensure that there is not the appearance of either and animated or flashing sign to the traveling public. ➢ This LED portion of the business sign does not promote actual motion or the illusion of motion, nor is there a repetitive cycle for constant changes in the sign message; therefore, this business sign does not fall under the category of animated or flashing signs as defined by the Frederick County Zoning Ordinance. ➢ The Applicant does not believe that the use of LED technology to display information associated with the Roma Restaurant operations constitutes either an animated or flashing sign. Additionally, the Applicant believes that the use of LED technology is safer and more convenient for the business and creates a sign that is more aesthetically appealing than the use of box lettering that typically falls off of business signs. 11. Additional comments, if any: The Board of Zoning Appeals has determined in the cases of CVS and Valley Farm Credit that the use of LED technology for the message portion of a business sign does not constitute an animated or flashing sign provided that the change of messages does not occur in a quick repetitive cycle. The January 3, 2007 Zoning Determination Letter states that this type of sign has the ability to be used as an animated or flashing sign which appears to be the basis for this interpretation. The Applicant agrees to establishing time constraints for this sign similar to those that were placed on the CVS and Valley Farm Credit message portion of their signs. Establishing a limitation for the change of messaging in a reasonable interval of 5 minutes will ensure that the use of LED technology does not have the ability to create an animated or flashing sign at this location. 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list complete 14 -digit property identification number.) fMMUM Harry F. Stimpson, III Address 152 Fairfax Pike Stephens City, VA 22655 Property ID# 85-((3))-1; 85-((3))-2 & 74B -((7))-2-B Scully, LTD Address 603A South Loudoun Street Winchester, VA 22602 Property ID# 85-((A))-148; 85 -((A)) -148E & 85 -((A)) -148F Shree Nathaji Corporation Address 167 Town Run Lane Stephens City, VA 22655 Property ID# 85 -((A)) -148C R C G T, INC. Address 631 E Lake Sue Ave Winter Park, FL 32789 Property ID# 85 -((A)) -148D McDonalds Corp c/o L N S Inc Address 500 Pegasus Court Winchester, VA 22602 Property ID# 85-((A))-149 Frank Weaver Welch, Jr. Address 121 Fairfax Pike Stephens City, VA 22655 Property ID# 85 -((A)) -149C Address Property ID# Address Property ID# Address Property ID# AGREEMENT APPEAL # L, —O "7 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 APPLI( SIGNATURE OF OWNEI (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ?/j© o ` ACTION: -DA E - APPEAL OVERRULLED APPEAL SUSTAINED Rev. 1/97 DATE 'Z- I - C% DATE "Z �Wc 2 SIGNED: BZA CHAJRMAN DATE: Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.ya.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) Thomas G. Scully (Phone) (540) 667-4220 (Address) 603A South Loudoun Street Winchester VA 22601 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 Deed Book 931 on Page 227 and is described as Parcel: 85 Lot: 148E 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 X Board of Zoning Appeals - Zoning Determination 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 Signature(s) ve hfteto seHny (our) hand and seal this �L✓1C! day of 00-J. N '\ State of Virginia, City/ ounty offiz-ky To -wit: C%wn L, McCit;o, a 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 ac wledged the same before mein the jurisdiction aforesaid this 2-6d day of ���xa 200 7 My Commission Expires: Febvvq Z_c? z&o8 Notary Public ] . plmce Top- ; �� it i f sign `i ] eplac(,-.," erv'ce tai' sign with Ing *gr 6'X ' a 2' 8'