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BZA 08-18-15 Meeting MinutesMEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick CountyAdministration Building, 107 N. Kent Street, Winchester, Virginia on August 18„ 2015. FIRESENT: Eric Lowman, Chairman, Red Bud Districtl; Bruce Carpenter, Vice Chairman, Gainesbcrc District; Jeremy McDonald, Back Creek Districtl; Reginald Shirley III, Opequcr District; Kevin Scott, Shawnee District; and Ronald Madagan, Member at Large. ABSENT. STAFF PRESENT: Mark Cheran Zoning Administrator; David Burke, Zoning Inspector; and Pamala Cleeter, BZA Secretary. CALL TO 0RDE RI The meeting was called to order at 3:32 p.m. anc was determined there was a quorum. Chairman Lcwmar inquired if there are any applications perdirg for the mcrth of September. Mr. Cheran responded no applications have been received at this time butt the cut-off date is Rrioay, August 21, 2015. On a mcticr made by Mr. Carpenter and seconded by Mr. Shirley, the minutles for July) 22, 2C15 meetlirg were unarimcusly approved as presented. Chairman Lowman recused himself from the next item because of personal issues. PUBLIC HEARING Appeal Application #C3-151 of James W. LcvelessJr., who is appealingtlhe decision of the Zcring Acministratlor as to Chapter 1651 Zoning, Part 606, M1 Light Industrial District, under Section 165-606.02 Allowed uses, of the Frederick County) Zoning Ordinance Mr. Cheran presented the staff report). The applicant is appealing the decision of the Zoning Administrator in the admiristration of the Rrederick County Zoning Ordirance. The reason for the appeal is the applicart is appealirg the decision of Zonirg AcmWstrator as to the lard uses within the M1 (Light) Irdustrial) Zoning District. Frederick Countly Board of Zoning Appeals Page 165E The propertly is located atl 291 Irdependence Drive and is zoned M1 (Light Irdustrial) acning District, The two businesses that occupy the 291 rdependence Drive address are FASST a fitness center/gym anc Winchester Soccer Academy which are not allowed in the M1 Zcring District according to the Frederick Courtly 2onirg Ordinarce. Frederick Ccurty has five (5) districts of classification and each district) allows certlair types of uses. Frederick County uses the Stardard industrial Classificatior Ccde (SIC) tc determine the types of uses that are allowed in the districts. Fitlress centers/gyms are classified as SIC 79 Amusement and Recreation Service operated indoor. This use is permitted witlhrn the 8-2 (Gereral Busiress) and B-3 (Incustlrial Transition) Zoning districts. The applicartl received a notice cf violation and the applicant came forward to appea the decision of tine Zoning Administrator. Mr, Cheran gave bacldground irformation that a few years ago the Board of Supervisors was asked By property cwners and citizens tc look at usirg some of the warehousing area for different uses. The Board of Supervisors directlec the Planning Department (Stlaff) tlo review and study this request). Staff presented the request) to Committee's and Planring Ccmmissicr and presertled in outline form to the Board of Supervisors and was turned down. The Board of Supervisors wanted to keep this area industrial area. Staff is requesting the Board to affirm the decisior of the Zorirg Administrator in the administratlion of the Frederick County Zcning Ordinarce, Section 165-606.02 that SIC -79 Amusement and Recreation Services operatlec irdocrs is rct a pern-ittlec use within the M1 Zonirg District Mr. Carpenter posed a questior; did this property have a Conditlicnal Use Permit? Mr. Cherar replied ro, Mr. Cheran replied in the pasts, Bast Coast Hobbies rented til -e space and a business license was issued by the Commissioner of Revenue without securirg zoning approval for an indoor remote cartrack. A Board of Supervisor and Planrirg Commissioner asked Mr. Cheran and staff to visit the site and it was determired since the busiress licerse had beer issued and East Coast Hobbies leased the warehouse for five years, tlhe Courty would allow Bast Coast) Hobbies to remain in tlhe Hui dirg, Should Bast Coast Hobbies leave the next) tenants would need to be a use that is allowed in the M1 Zoring District. East) Coastl Hobbies left) tlhe warehouse and the next) tlenants moved it and without a Courty busiress license beirg approved for this address. Vice -Chairman Carpenter added is there anyone here who wishes to speak for or against this application. Dorotlhy Vance came forward to speak for the app icatlicn. Ms. Vance gave some background information that the land is her Fatlher's in a trust which her Brother will be tlhe owner soon. James Loveless Jr , is the applicant. When tlhe previous terants moved cut, we were uraware that the next) tlenarts would need to be an allowed use for the M1 District) since the property Brederick Countly Board of 21oning Appeals Page 1657 was in Mr. Loveless Sr. name. WE leased the propertly to Mr. Doug as and his busiress is growing and Mr. Douglas has found a place but will rat be able to move in until August of 2016. 1 am asking to lett Mr, Dlouglas business stay temporarily untlil August 2016. Ms. Vance is aware of the correct zoning of the property and the rext time this is leased or advertised this propertly is in the M1 Zoning District and the erly uses allowed would be the M1 Zonirg District, Ms. Varce stated her father updated the parking when Bast Coast) Hobbies were tenants, Mr. Carpenter asked is the activities indoors or outdoors. Ms. Varce replied indoors and we have a 6,C00 squa re foot area. Mr, Robert Douglas from Wircrester Soccer Academy came forward. Mr. Douglas said the business moved in Ju y 2014 and within 19 days aftler cleanirg up from previous tenartl his business was up and runring. Mr, Douglas said his business has grcwr. Mr. Douglas is just lookirg to stlay until next August) 2016 and they have located another propertly tc move to. Ms. Argele Orsiri, noted she is with FASST Sports Performance-lrairing and sub -leased an area from Winchester Soccer Academy FASST Sports trains irdividuals cr small groups. The compary has no memberships and the hours of operation are 4.00 p,m, to 9:C0 p.m. Sirce we train individuals or small groups, we have very little traffic and are not looking to grow. We would like to fir ish our lease out and tlhen re ocate. Mr. Puller from Virginia Apple Storage came forward to speak since the business is reighbcring land to the propertly of the Mr, Loveless. Mr. Pullen didn't) have corcerrs aboutl ary impact or the Virgiria Apple Storage busiress or ary other busiress in the irdustrial park. Mr. Pullen suggested to the Board to let tlhe Winchester Soccer Academy, stay until Augustl 2016. No one came forward to speak agairst Mr. Loveless. Mr, McDonald asked who gave the approval for the Bast Coast Hobbies. Mr, Cheran noted that tenantls were improperly) issued a busiress license by the Ccmmissiorer of the Reverue Office without securing zoning approval Mr. Cheran pcintled out the Lardowner should know what his property is zoned, but also if the terents had irquired aboutl the location wher filling out) a business licerse the County, would have said it was not an allowed use at that locatlicn, The tenantls do not have a business license for that address. After the tlenartls had been cited, a business license did appear in the office and has rot beer signed off. DISCUSSION Mr Scctt asked for a recap of why East Coast Hobbies was allowed in the District. Mr. Cheran recapped as to how tlhe business was allowed to stay in that District, Upor an approval of a business license and ar evaluatlion itl was determined that East Coast Hobbies could stlay urtil Frederic 14 County Board of Zoning Appeals Page 1E S8 the 5 year lease rur out. If anything crangeo or new tlenarts, was to lease tlhe buildirg they would have to go by, the M1 Zonirg District. Mr. Scott wartec tc go on record thatl he has relaticrs with the Winchester Scccer Academy and tlhe Courtly Attorney stated that Mr. Scotlt didn't need to recuse himself. Mr. Scott asked Mr. Cheran has this beer addressed before the Planning Commission and the Bcard of Supervisors, Mr. Cherar replied yes. The Board of Supervisors directed Rlarnirg and acning a few years ago to do a study it regards to allcwirg otter business go irto warehousing. This irfcrmatior was discussed atltlhe Board cfSupermiscr meeting ono was denied. Mr. Scottl wanted to know why the Board of Supervisors made that cecisicn. Mr. Cheran replied some of the reasons was mixirg of traffic and irdustrial space being taken up. Mr. Cheran explained that East Ccast Hobbies hac a busiress license approved one Winchester Soccer Academy doesn't have a busiress license approved for that address. The RASST Sports was cited for a violation. Mr. Cheran noted that the Wirchester Soccer Academy, has a few opticrs to appeal to the BZA for a decisior, ask for the property, tlo be rezored, to leave the Iccatlion, ortlake a chance in General District Court). Mr McDorald inquired about the violation. Mr, Cheran stated that the viclation was on a compliant basin and that ar illegal busiress was being run out of this location. Mr. Carperter called upon Mr. Douglas to ask him a question. Are you aware you needed a business license? Why would you make ar irvestment before getltirg a business license approved? Mr. Douglas responded by sayirg he has a business license but it is not for this address. The license is based out of his home. Mr. Shirley) wanted clarification; if Mr. Love ess had assumed the lease from the East Coast Hobbies would we be here today. Mr. Cheran replied no. Mr. Shirley clarified with Mr. Cheran; if we mote in favor to lett Wirchestler Soccer Academy stay in this location would this change zoning for all property zoned M1 District). Mr. Cheran responded rc. This appeal decisior is just) fcr this property. Mr. Carpertler needed clarification or what rules and what parking was putl into place for the East Coast Hobbies, Mr. Cheran stated that a site plan was required and tlhe County implemented parking anc paving. The Winchester Soccer Acacemy would be creating more Frederick County Board of Zoning Appeals Page 1655 traffic thar the East Coast Hobbies and the parking requirement is different for indoor recreatlen. Mr, Scott suggested Winchester Soccer Academy to go into a sharing parking agreement. Mr. Cherar pcirted cutl that is ingress/egress and Winchester Soccer Academy would then need to putt in sidewalks so it would meet the code and that would de costly. Mr. McCenald posed a question how mary customers did East Coast hobbies have at one time? Mr. Cheran replied urder 30 people. Mr, McDonald noted that) the Scccer teams are usually small in size. Mr, Cheran remirded the Board that there are tlwo businesses Being run out cf this location. Mr. Shirley made a motion to table for 30 days the Appeal Applicetlior #C3-15 of James W. loveless Jr,, it order for staff to corsult with the County Attorney as ttime limitlations for BZA action and the placement of conditions on the ulttimate BZIA action and was seconded by Mr. Scott and the vote was unanimous. Mr. Carpertler made a motion and Mr. Scott seconded the mcticr to adjourn meetling. There being rc further business the meeting adjourned at 4:25 p.m. Respectfully) submitted, 2 1- - � Ze�� Eric F. Lowman, Chairmen ,j < ) Plamala S. Dleeter, Secretary Frederick Ccuntly Board of coning Appeals Aage 166C