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HomeMy WebLinkAboutBZA 03-18-08 Meeting AgendaFREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Dent Street 3:25 p.m. 1) Determination of a Quorum 2) Minutes of January 15, 2008 Winchester, Virginia March 18, 2008 CALL TO ORDER PUBLIC HEARING 3) Variance Request #OI -08 of All Points Warehousing, LLC, submitted by Greenway Engineering, for relief from a 25 foot side yard setback to bring into conformity five existing warehouse buildings: 185 Cole Lane, resulting in 7.9 foot setback; 187 Cole Lane, resulting in 16.1 foot setback; 189 Cole Lane, resulting in 16.3 foot setback; 191 Cole Lane, resulting in 16.3 foot setback; and, 193 Cole Lane, resulting in 16.2 foot setback. This property is located on the north side of Cole Lane (Route 762), approximately 1,000 feet south of Berryville Pike (Route 7), and is identified with Property Identification Number 54-5-5A in the Red Bud Magisterial District. 4) Other — Inclement Weather Policy MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on January 15, 2008. PRESENT: Robert Perry, Vice Chairman, Stonewall District; Dwight Shenk, Gainesboro District; Kevin Scott, Shawnee District; Jay Givens, Back Creek District; R. K. Shirley, III, Opequon District; and, Robert W. Wells, Member -At -Large. ABSENT: Eric Lowman, Red Bud District. STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; Dana Johnston, Zoning Inspector; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Vice Chairman Perry at 3:25 p.m. Before approval of the December minutes, Mr, Givens made a motion to amend a portion of the minutes. Mr. Givens would like to amend the minutes to clarify the terns "easement" and "setback". On Page 1507, the last paragraph, Mr. Givens would like it to read, "Their permit said they were going to be 65 feet off of that se the easement line and if it had been 65 feet, it would have been 20 feet inside the easement required setback. It turns out being 30 feet outside the easement required setback so the house was set 55 feet to the left side from where it was proposed to be set". The motion to amend the minutes was seconded by Mr. Wells and unanimously approved. On motion by Mr. Givens and seconded by Mr. Shenk, the amended minutes for the December 18, 2007, meeting were unanimously approved. Vice Chairman Perry stated that the Agenda calls for the Election of Officers and Adoption of Bylaws, but he's going to put this item off until after the public hearing for the variance. PUBLIC HEARING Variance Request #26-07 of Winchester Regional Airport, for a 15 foot front yard variance, resulting in a front yard setback of 45 feet. This property is located at 491 Airport Road (Route 645), and is identified by Property Identification Number 64-A-79, in the Shawnee Magisterial District. ACTION — VARIANCE APPROVED Mr. Cheran presented the staff report, The property setback lines in 1967 were 35 feet front and 15 feet side yards. Frederick County amended its ordinance in 1989 and the current RA setback inut� to k Page Z 1509 rndutesc o�anuta�yar�l8 °ning Appeals requirements are 60 feet front, 50 feet rear and 50 feet side yards. Mr. Cheran further stated that the applicant is planning to construct an aircraft hangar of approximately 32,000 square feet, which is an amended footage from the staff report. The engineer emailed Mr. Cheran of this change last week after the agendas had been nailed. The footprint of about 32,000 square feet includes the hangar, door pockets and second floor area. Due to FAA regulations on runways and taxiways, the applicant will have difficulty in locating and constructing the hangar on this property. Section 165-50 of the Frederick County Zoning Ordinance does allow this as a by -right use in the RA zoning district. The Code of Virginia 15.2-2309(2) states that no variance shall be granted unless the application can meet the following requirements: 1. The strict application of the Ordinance will produce an undue hardship. 2. The hardship is not generally shared by the properties in the same zoning district and vicinity. 3. That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. Mr. Cheran stated that due to this unique land use within the RA district, the strict application of the zoning ordinance and FAA requirements will produce an undue hardship for current and future development and use of the property. The hardship is not shared by properties in the same zoning district, as this use is unique to the Winchester Regional Airport. This proposed variance will not change the character of the district or the adjacent properties. Therefore, it appears that this variance - meets the intent of the Code of Virginia, Section 15.2-2309(2). This request from the current front setback of the RA zoning district may be justified. Mr. Cheran stated that the Frederick County 2003 Comprehensive Plan does identify an airport support area. It's not right on target; it's vague. The BZA doesn't usually deal with Comprehensive Plan issues because we mostly deal with zoning ordinances. The zoning ordinance (§165-105) does include an airport district, API, and it calls out the things that this applicant is requesting such as horizontal approach zones, airport zones, conical zones and transitional zones. Most airports have a separate zoning district, but Frederick County does not. Mr. Givens asked, if the Board approves this setback, is it for this building only. Mr. Cheran responded it is just for this building. Ms. Renny Manuel, Director of the Winchester Airport, stated that this request is just for this particular hangar. They are restricted where they can develop on the airport, not so much because of County restrictions but because of FAA restrictions. Ms. Manuel further stated that this is the only area at the lower end of the field that is left where they can build and stay out of the FAA restrictive areas. Vice Chairman Perry asked what the clearance requirement is from the center line of the taxiway to the building. Ms. Manuel replied that one of the things that drives the clearance is the size of the aircraft and the type of aircraft that will be utilizing and be kept in that hangar is a Group 4 aircraft. The minimum is 93 feet. Mr. Joe Knechtel of Potesta stated there are two airplanes depicted on the drawing and those are Ninutinute to k Page 1510 .ederc unt Brd oning Appeals s o Januarys, 2�}(i8 Class 3 aircraft. The dimension shown of 99.24 feet is the distance they have from the front of the hangar to a restrictive zone. Vice Chairman Perry asked what the FAA distance requirement will be. Mr. Knechtel stated that distance has to be exceeding the wing span of the aircraft, which is 77.9 feet. Ms. Manuel stated when that aircraft is taxi-ing, another. aircraft is sitting parked in front of the hangar, and they have to have so much of a distance between them. One of the things they took into consideration in trying to develop this site plan to accommodate a hangar large enough to house the aircraft is that the current existing taxiway is going to be re -located another 100 feet closer to Airport Road. They factored those distances in because that project will start within the next two years. Vice Chairman Perry stated that he doesn't have any problem with seeing the Airport develop, but he does have a problem with the applicant asking for a 15 foot variance if they only need ten feet, four inches. Vice Chairman Perry wants to know what the actual dimensions are. Mr. Knechtel stated that the building right now at the closest elevation is within three or four tenths under the transition zone, which is the height of the building. The closest section of the building to this imaginary transition zone is not actually at the peak, it's at the corner of the door pocket. Lantz Construction has worked very long and hard to try to get this building as short as possible to fit underneath this transition zone. Right now it's at 737; the door pockets on the east side of the building are at 737. Ms. Manuel stated they not only have the setback on the wing span and the distance from the center line of the roadway and taxiway, they also have a 71 transitional zone that comes out from the center line. The FAA has already said there's no way that they would grant permission for them to penetrate that imaginary angle with even a couple inches. Mr. Knechtel stated the building is 34 feet at the ridge and 32 feet at the door pockets. Ms. Manuel stated this is the last area on this side of the runway that the Airport has left to develop. They just completed a land swap with the owners of Govenor's Hill so that they have room for growth near the Public Safety Building. Before they can develop that area, they have to put in a full parallel taxiway and that project is estimated to run about $4,000,000.00. Mr. Steve Diel with Lantz Construction, the design/build contractor for ProJet Aviation Services, stated that they have spent approximately four and one half months trying to make the hangar fit the aircraft. The building is as narrow as they can possibly get it at 91 feet. This is a very custom steel building; it is not a standard steel building in height. There were no citizen comments. Vice Chairman Perry closed the public hearing portion of the meeting. �irut� �3ook Pag 1511 e errcK �puntyeBc� rc Qoning Appeals mutes o January , L Discussion Mr. Wells made a motion that the Board accept and approve the application for Variance #26-07 Mr. Scott seconded the motion and the vote was unanimous. OTHER EIection of Officers Vice Chairman Perry asked for a motion for Chairman of the Board of Zoning Appeals. Mr. Givens made a motion to nominate Mr. Scott as Chairman, seconded by Mr. Shenk, and the vote was unanimous, with Mr. Scott abstaining. Vice Chairman Perry asked for a motion for Vice Chairman of the Board of Zoning Appeals. Mr. Wells made a motion to nominate Mr. Perry as Vice Chairman, seconded by Mr. Scott, and the vote was unanimous, with Mr. Perry abstaining. Vice Chairman Peng asked for a motion for Secretary of the Board of Zoning Appeals. Mr. Scott made a motion to appoint Ms. Dellinger as Secretary, seconded by Mr. Givens, and the vote was unanimous. Vice Chairman Perry asked for a motion to officially set the time, date and place of the meetings of the Board of Zoning Appeals. The meetings will be held on the third Tuesday of the month at 3:25 p.m., in the Board Room at 107 North Kent Street, Winchester, Virginia. Mr. Wells made a motion to approve the time, date and place of the meetings of the Board of Zoning Appeals. The motion was seconded by Mr. Scott and the vote was unanimous. Mr. Cheran stated that we do not have any applications pending and the cut off date is Friday, January 18, 2008. Mr. Cheran stated that the Board members don't have any issues with the Bylaws so we will keep them as is. Mr. Wells made a motion to approve the Bylaws as they stand. Mr. Scott seconded the motion and the vote was unanimous. Mr. Cheran stated that after last month's variance request from Red Apple Group, some of the members wanted to take a closer look at the form of our building permits. Mr. Cheran passed out a copy of the current building permit used by our Inspections & Permits Department. At the bottom of the permit, the applicant signs a statement that includes a sentence where the applicant agrees to follow all Frederick County Zoning Ordinances and all provisions of the Uniform Building Code, and also the Freedom of Information Act. That statement and signature puts the responsibility on the permit holder andior property owner. Mr. Shirley asked Mr. Cheran when someone signs the building permit and they don't abide by it, does the County Attorney have any jurisdiction because they've defrauded the County? A few fines on a few of these guys would probably straighten it out. Ni utc , k Pag f 1512 -muties o � nui � �8b�oning Appeals Mr. Cheran replied what usually happens in an instance where a setback is off, Mr. Cheran will immediately issue a Stop Work Order. Then it becomes the building officials for design standard and he takes over from there. Under the Building Code, they have a Board of Appeals for that which has nothing to do with this Board; it has to do with design standard, Once the Stop Work Order is issued, they have a chance to get the design feature changed and if they can't, Mr. Cheran and Mr. Trenary will file court papers, unless they coarse to the BZA. Mr. Trenary will go to Circuit Court and the court will decide. Board members and Mr. Cheran discussed at length the problems and issues involved with setting a dwelling or building and how best to avoid the errors that bring applicants to the Board of Zoning Appeals. The general consensus is, it's the applicant's responsibility. vote. As there were no other items to be discussed, the meeting adjourned at 4:20 p.m. by unanimous Respectfully submitted, Robert Perry, Vice Chairman Bev Dellinger, Secretary Minute >o k Pag 1513 v,deric r�unty%?T-c 8,8 oning Appeals mutes o " . anuary , L VARIANCE APPLICATION #01-08 ALL POINTS WAREHOUSING, LLC Staff Report for the Board of Zoning Appeals Prepared: March 10, 2008 Staff Contact: Amber L. Powers, Plamling Technician This report is prepared by the Frederick County Planning Stcff to provide infor•nnation to the Board of Zoning Appeals to assist thein in snaking a decision on this request. It may also be itsefatl to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: March 18, 2008 - Action Pending LOCATION: North side of Cole Lane (Route 762), approximately 1,000 feet south of Berryville Pike (Route 7) MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 54-5-5A PROPERTY ZONING & USE: Zoned: MI (Light Industrial) District Land Use: Warehouse Buildings ADJOINING PROPERTY ZONING & USE: North: 1321 M2 I MHI South: M 1 / RP East: MH1 West: MI Use: American Legion Post 21 / Industrial f Residential, Mobile Homes Use: Industrial and Vacant / Residential Use: Residential, Mobile Homes Use: Industrial, Warehousing VARIANCE REQUESTED: Relief from a 25 foot side yard setback to bring into conformity five existing warehouse buildings: 185 Cole Lane, resulting in 7.9 foot setback; 187 Cole Lane, resulting in 16.1 foot setback; 189 Cole Lane, resulting in 16.3 foot setback; 191 Cole Lane, resulting in 16.3 foot setback; and, 193 Cole Lane, resulting in 16.2 foot setback. Variance #01-08 — All Points Warehousing, LLC March 10, 2008 Page 2 REASON FOR VARIANCE: Without resolution through a variance, the property's five existing one-story warehouses, previously approved by the County in 1983, and competed in 1984, would be in violation of the Frederick County Code. STAFF COMMENTS: All Points Warehousing began construction of one-story warehouse buildings following County approval in 1983. After construction had begun, a subdivision was approved by the Frederick County Subdivision Administrator on September 15, 1983 which established the side property line that created tax parcels 54-5-5A and 54-5-4A. With County approval, the last of the one-story warehouses was constructed in 1984. Recognizing that the development of this property, while not in conformance with the County code was nevertheless reviewed and approved by the County's Subdivision Administrator, the applicant is requesting this side yard variance in order to bring the developed property into full confonnance while maintaining the existing parcel conditions. Specifically, the applicant is seeking variances of 17.1 feet on 185 Cole Lane, 8.9 feet on 187 Cole Lane, 8.7 feet on 189 Cole Lane, 8.7 feet on 191 Cole Lane, and 8.8 feet on 193 Cole Lane in order to bring into conformance these previously constructed buildings which were approved by the Frederick County Planning Department in 1983. If granted, this variance would resolve the issues associated with this parcel without causing any detriment to neighboring properties. STAFF CONCLUSIONS FOR THE MARCH 18, 2008 MEETING: The Code of Virginia 15.2- 2309 (2), states that no variance shall be granted unless the application can meet the following requirements: a. The strict application of the Ordinance will produce an undue hardship. b, The hardship is not generally shared by the properties in the same zoning district and vicinity. That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. Should this variance be granted, the building setbacks for this property would be 7.9 feet on 185 Cole Lane, 16.1 feet on 187 Cole Lane, 16.3 feet on 189 Cole Lane, 16.3 feet on 191 Cale Lane, and 16.2 feet on 193 Cole Lane. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). 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The applicant is the owner ❑ otherM. (Check one) 2, APPLICANT: OCCUPANT (if different) NAME: Greenway Enginecrin NAME: All Points Warehousing, LLC_ ADDRESS: 151 Windy Hill Lane ADDRESS PO Box 3296 Winchester, VA 22602 Winchester, VA 22604 TELEPHONE: (540) 662-4185 TELEPHONE (540) 662-2270 3, The property is located at (give exact directions and include State Route numbers): North side of Cole Lane (Route 762); approximately 1,000 feet south of Berryville Pike (U.S. Route 7). 4. The property has a road frontage of256.79 feet and a depth of 331.44 feet and consists of 4.6379 acres. (please be exact) 5. The property is owned by All Points Warehousing, L.L.C. as evidenced by deed from Thomas C. Baker and Sheila F. Baker (previous owner) recorded hi deed book no. 883 on page 1740 of the deed book of the Clerk of the Court for Frederick County Attach a copy of the deed 6. Magisterial District: Red Bud Magisterial. District 7. 14 -Digit Property Identification No.: 54-((5))-5A 8. The existing zoning of the property is: M1, Light Industrial District 9. The existing use of the property is: Warehouse Buildings Page 2 of 5 10. Adjoining Property: USE ZONING North American Legion Post 21 B2 District Carlyle & Anderson M2 District Franklin Mobile Home Park MHl District East Franklin Mobile Home Park MH1 District South RSF, Inc. M1 District West All Points Warehousing M1 District 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.") The Applicant is requesting a variance to the 25 -foot side yard setback requirement for five existing warehouse buildings. Please refer to the attached All Points Warehousing. LLC Variance Exhibit for the requested side vard variance for each of the five existing warehouse buildings 12. List specific reason(s) why the variance is being sought in terms of: - exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situational or condition of property, or the use or development of property immediately adjacent thereto The Applicant is applying for variance relief based on extraordinary situational matters associated with Tax Parcel 54-((5))-5A. All Points Warehousing_ began construction of one-story warehouse buildings following County approval in 1983. Subse uent to this construction a Subdivision was approved by the Frederick County Subdivision Administrator on September 15 1983 which established the side property line that created Tax Parcels 54-((5)-5A and 54-((5))-4A. (Please refer to attached DB 565 PG 774-778) All Points Warehousing continued the development of the remaining one-story warehouse buildings with County approval in 1984. The five one-story warehouse building have existed for 24 years following County Subdivision approval. Recently,the Applicant has entertained the sale of Tax Parcels 54-((5))-5A and 54-((5))-4A as individual parcels. An ALTA survey prepared by Greenway Engineering identified the existing site- condition nonconformity with zoning setback requirements. The Frederick County Plannin Department issued a letter dated January 30, 2008 (Please refer to attached letter), which identifies existing site condition conformity and provides resolution for the western property line (side yard) setback through approval of a variance or lot consolidation. The Applicant desires to maintain the existing parcel conditions approved by Frederick County; therefore, a variance is in order to obtain clear title for Tax Parcel 54-((5))-5A. 13. Additional comments, if any Page 3 of 5 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: NAME All Points Warehousing Address PO Box 3296 Property ID# 54-((5))-4A Winchester, VA 22604 NAME RSF, Inc. Address 1011 Siler Road Property ID# 54-((5))-6 Winchester, VA 22603 NAME Robert F. Ziegler Address 13315 Hickory Hill Road Property ID# 54-((5))-7 Hagerstown, MD 21742 NAME American Legion Address PO Box 638 Property ID# 55-((A))-32 Winchester, VA 22604 NAME Carlyle & Anderson, Address 1752 Berryville Pike Inc. Winchester, VA 22603 Property ID# 55 -((A)) -32A NAME Jack K. Wampler, Sr., & Address 2648 Martinsburg Pike Jack K. Wampler, Jr. Winchester, VA 22603 Property ID# 55-((A))-38 NAME Moulden Real Estate Property ID# 55-((A))-39 Address 2400 Valley Avenue Winchester, VA 22601 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Please refer to the All Points Warchousina. LLC Variance Exhibit that is included as a component of this variance application. The All Points Variance Exhibit identifies the location of the five existing warehouse buildings that were constructed in 1983 and 1984 with measurements to the side property line. This exhibit also identifies the side yard setback__ variance that is requested for each existing structure. AGREEMENT VARIANCE # ©1 _ 90 b' (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 priorto the BZA public hearin 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 C 1. DATE Z 17-0 I Ob SIGNATURE OF OWNER f"`? DATE IJE24- ;Z/i �(if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF _ '3 /l ff /0 Y ACTION: DATE - APPROVAL SIGNED; BZA CHAIRMAN DENIAL DATE; 10 Special Limited Power of Attorney County of Frederick, Virginia Frederick Plaming Web Site: www.coftederick.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) All Points Warehousing, LLC J.E. Kalbach Managing Member (Phone) (540) 662-2270 (Address) PO Box 3296 Winchester VA 22604 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 No. 859 on Page 1018 Deed Book No. 883 on Page 1740 and is described as Parcel: 54 Lot: 5A Block: 5 Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc_ (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 ® Variance 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 Signature(s) and seal this �_ J day ofFEf), 200 } State of Virginia, City Count o#vw, To -wit: Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed '.o the foregoing instrument and who I (are) known to me, pero+nally appeared before me and has acknowledgcd the same before me in the jurisdiction aforesaid this l day of , l�L20061 My Commission Expires: 3`.14y 0 Notary Public. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401665-6395 January 30, 2008 Ameritas Life Insurance Corp. Its successors and assigns c/o Grandbridge Real Estate Capital, LLC Attn: Carole Wells 2970 Peachtree Road, Suite 530 Atlanta, GA 30305 Chicago Title Insurance Company c/o L&B Title Company 7200 Wisconsin Avenue $th Floor Bethesda, MD 20814 All Points Properties, LLC c/o Mid -Atlantic Partners 1682 East Gude Drive, Suite 201 Rockville, Maryland 20850 All Points Warehousing, LLC Attn: Joseph E. Kalbach, Managing Member 3082 Shawnee Drive Winchester, Virginia 22601 RE: Property Identification Number(s): 54-54A and 54-5-5A Frederick County, Virginia Zoned: M1 (Light Industrial) To Whom It May Concern: In response to the letter we received on January 9, 2008, we are providing you with a zoning certification for the above -referenced property. We have examined our records with respect to .the parcel and advise you, as of this date, as follows: • The properties identified as Tax ID No. 54-5-5A and 54-5-4A, (the "Property"), is zoned M1 (Light Industrial District) and is subject to the use restrictions generally applicable t© that classification, which is contained in the Frederick County Zoning Ordinance (the "Zoning Ordinance"). • This property has not been granted any variances, special exceptions, conditional use permits, or zoning relief of any kind. • This property is not in any special, restrictive, floodplain, floodway, or overlay district(s). 107 North Kent Street, Suite 202 . Winchester, Virginia 22601.-5000 Page 2 Ameritas Life Insurance Corporation Chicago Title Insurance Company All Points Properties, LLC All Points Warehousing, LLC Re: Zoning Certification, PIN 54-5-5A and 54-54A January 30, 2008 • This Department has no record of any past or pending zoning violations having been filed, with respect to the property; and the undersigned is unaware of any violations of the applicable • portions of the Zoning Ordinance. To determine whether the property has any unresolved building violations and/or complaints, please contact Mr. John Trenary, Building Official, with the Frederick County Inspections Department (540)665-5650. • Currently there are three approved site plans (Site Plan #15-82, revised #15-82, and #11-98) for the properties. • The properties are currently in compliance with the Zoning Ordinance, with the exceptions noted below in relation to the ALTA survey. • A listing of allowable uses in the M1 Light Industrial District, is attached. Additionally, we are in receipt of Greenway Engineering's ALTA/ACSM Land Title Survey for All Points Warehousing, Cole Lane, dated December 19, 2007. In reviewing the survey, there appears to be a few building setback issues that affect the existing buildings. Below is an overview of the issues identified by the ALTA survey, and the corresponding resolution. Resolution of the issues is overcome by one of two measures: (1) grandfathered status (legally nonconforming) based on previously approved Site Plan #15-82 (September 16, 1982), and its revision (September 12, 1983); or (2) acquisition of a variance from Board of Zoning Appeals. The Site Plan approved September 16, 1982 established a 37 foot building setback from the Cole Lane right-of-way. The revised Site Plan approved September 12, 1983, established the northern boundary setbacks of 16 feet, and the eastern boundary setbacks of 15 feet. 167 Cale Lane. Road setback is legally nonconforming based on Site Plan #15-82. 185 Cole Lane. Road setback is legally nonconforming based on Site Plan #15-82. Additionally, via Zoning Administrator interpretation, it has been determined that the encroachment is appropriate. 193 Cole Lane. Northern and Eastern property line set is legally nonconforming based on revised Site Plan #15-82 (revised 9/12/1983). Western property line setback violation may be resolved with a Lot Consolidation or a variance obtained from the Board of Zoning Appeals. 187, 189, and 191 Cole Lane. Western property line setback violation may be resolved if a variance is obtained from the Board of Zoning Appeals or with a lot consolidation. Page 3 Ameritas Life Insurance Corporation Chicago Title Insurance Company All Points Properties, LLC All Points Warehousing, LLC Re: Zoning Certification, PIN 54-5-5A and 54-54A January 30, 2008 Please contact this office should you have additional questions. Sinc rely, Eric R. Lawrence, AICP Director ERLlbad !I 774 1 i fBidho JUL 22 §3067 TH014AS C. BAKER, ET AL DEED OF DEDIOATION use 54774 THU DEED OF DEDICATION, made acid dated ibis 22nd day of Ju9y, 1903, by and twsen TTiOH O. BAKER and SHLI%A F. BME4, hi® wife, parties of the first peat, and SHENANDOAH VaLEY NATIONAL BANX OF WINCHZS`tER, AT WINCHESTER, VIRGINIA, party Df the ascond part, and $ENJAMIN H. BUTLBR,,party ub the third part, WHEREAS, the parting of the fist part are the owners i5 Yee simple 'of ■ certain tract or parcol 09 land, lying and being situate in 'Frederick Ccunty, 'Virginia, con�ajnjnq 3.062 Torus, b the aggregate, and mono Particularly described as Lot 4, A@h Hollow Industrial Park, as shown on that certain plat and 13u vay drawn by H, Bruce Edens, G. I,. E., dated E7une 1B, 19810 of re6og€ in the Office of the Cle% k of the Circuit Court ref Frederick County, Virginia in Deed Book 539 at Page 638, and being a poetic of the cams property conveyed to the partias of the firat part b1 deed dated May 31, 1979, from Denny's, Inc., et at, of record in. the aforesaid Clark's Office in Deed Book 508 at Page 7591 and, WHERE, the parties of the first pant subwoq'uaatly ooa- veyed the property to the Party Of the third part in trdgt �@ secure the party of the second part ccstain, indebtednesses, uhtg deada Of true aro dated August 7, 1981, of record in the afore- said Clark'a Offico in Dead Hook 539 at huge 73g, and November 19, 1982, of record in the aforesaid Clerk's Office in Dood soda 554 at Page 95, and May 19, 1983,, of gccord in the afoscoaid Clerk's Office in_Deed Boca 559 at Page 647? and, WHEREAS, the parties of the first part desire to sub�i® vide the aubject property into tractB-doaignatsd 1.455 Auxes and 1.807 Acres, an shown on the plat drawn -by H. Bruce: Edens, C.L.S. dated Max 13, 1983, attachtd hereto -and by this tO.ference made a part hereof as if set out in full, and which subdivision has been approved by the County of Frederick, Virginia as indicated on the 1 .4t 71 r r . 0 jr" L 3i53S.76775 775 laforenaid attached plat, all of which is by this' reference IMdo a Part hereof as if eat out in full, I NOW, -THEM -FORE, THIS DEED OF DEDICATION WITNESSETH That for and in consideration of the mutual benefits to be � I derived therefrom, and other goad and valuable consideration, � I receipt of which is hereby acknowledged, the parties of the firstI� part do hereby subdivide the Lot 4, Ash Hollow Industrial Park into two tracts of land designated 1,455 Acres and x,,607 Acres, 1 as shown on the aforesaid plat, drawn by H, Bruce Edens, C.I,.S., j dated May •13, 1983, attached hereto ind by this reference made a H part hereof as if set out in full. r Ij I' i The party of the second part and the party of the taird part, as beneficiary and trustee, respectively, under the afore- said deeds of trust, dated August 7, 1981, November 19, 19U2, and May 19, 1983, of record as aforesaid, join in thin indent"ro for p' the sole and express purpose of indicating t!ae:ir consent to t'fts , I f subdivision of the afor+ehaid Lot 4, Ash Hollows Industrial Pazk, as shorn on the aforesaid attached plat, dated may 13, 1983, aid do not in any way release the liens of the aforesaid deeds of I �+ i � I trust by their signatures hereto. The County of Frederick, � Virginia hereby censento to the uaid subdivision ae indicated c the gforesaid plat attached hereto and by this reference wade a i part hereof as ig sot out in full. The abova amd "foregoing eubdiviaicn ok land o€ too a parties of the first part as appears in the attached plat is Ws h.I ! the free consent and in ,accordance with the dooire ®f the under- signed owners, beneficiary and trustee; WITNESS the following signatur s and 0081aa C. aM - 1i. 2 �, Q . 778 ', ° c�a:�va v p#°nrrvrsaf r.�ara I � ! ! •1 ! 1 ! 1 ! 1 f I 1 A�Yp'PSIla7 dFRI'PAW dGf-s', - I I 1 f { I 17 ted' APs, 63' 8P8. � . i ham, 1, GO form R o yg0. 6 •� � � IXNIfM ffk�NA� W �aP a EO — 1 � r >n � . a � -e, job S ""DI "ONANDROVED i U9DiYlSl4td ADMIMSTRATon l Cfnik:Ll! No. �F 5; );.3 (tyl 2 f r i %Nd as .51 141 !7@,G�h"A6d �89&G�►, PRdPP� P�ll9Pd !'!>rR� a Raaw� 8adrc aarra� ®3�szya� p k .. ... - ®b�marera 14ryFt? • - „hy ,lh ;VL it 0:0 Couict, S[i, it pv i -- �Ita ihfv *M pre tow v It�a Qa SM deY !!'`Yr.i ` mr.a +w v4th a Acatm of M9 8WkI idi]l�t .a rv(, d. moa a os�a�a,s �,�,. VA 'AINC103 )IDIiI� ISMA saaau�an� sage-aae-ors Xra ,Lm,LSIQ 7VIi1aLmViV ❑f18 Q22[ o a ssi*>-zee-ore ...0-1-1 ^o ZOBZZ NF llaIHxa 3ONVIHVA m eeiN ' Pa7ri � +ui y Pwer M JNIa33NIJN3 AYMN33HO -0-7-1 `JNISflOH3l�bM S1N1C}d TIb T_co U (J7 R w 00 ao 00 m� U UJ LU UUJLU W ¢ ¢ ¢ ¢ < Q J J J J J LU Q Q J J J J O Z O O p 0 Q U U U U U < Q 06x76)4] COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401665-6395 MEMORANDUM TO: Members of the Board of Zoning Appeals FROM: Mark Cheran, Zoning Administrator Apt �- RE: By -Laws DATE: March 10, 2008 We are enclosing a draft copy of the BZA's By -Laws. Please note that on page 3, under Article V — Meetings, 5-1, the original language is struck through. The new language allows the Board to name a day on which to have a regular meeting in case of inclement weather or other conditions. Because of the legal ad and adjoiner constraints, the next day after a regular meeting is canceled — Wednesday at 3:25 — would be the obvious choice. We will discuss this further at the meeting so that you may make a decision. MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 FREDERICK COUNTY BOARD OF ZONING APPEALS BY-LAWS (Adopted January 15, 2008) DRAFT ARTICLE I - AUTHORIZATION 1-1 The Frederick County Board of Zoning Appeals is established by and in conformance with Chapter 165 of the Code of Frederick Countv, and in accord with the provisions of Section 15.2-2308 of the Code of Vir ig nia (1950), as amended. 1-2 The official name of this body shall be the Frederick County Board of Zoning Appeals, hereinafter referred to as the BZA. ARTICLE It - PURPOSE 2-1 The primary purpose of the BZA is to hear and decide appeals, variances, and interpretations of the Chapter 165 of Code of Frederick County, in accord with the provisions of Section 15.2-2308 Code of Virginia -(1950), as amended. ARTICLE III - MEMBERSHIP 3-1 The membership of the BZA shall be open to residents of Frederick County, recommended by Frederick County Board of Supervisors; and appointed by the Circuit Court for the locality, as prescribed by Section 15.2-2308 Code of Virginia, (1950) as amended. The membership shall be no more than seven (7) members; or less than five (5) members. Terms of office shall be five (5) years. 3-2 Members shall notify the chairman via the Zoning Administrator; twenty-four (24) hours prior to the meeting, if a member is going to be absent or must abstain. As per 15.3- 2308 Code of Virginia, (1950) as Amended. ARTICLE IV - OFFICERS 4-1 Officers of the BZA shall consist of a chairman, vice-chairman and secretary. The chairman and vice-chairman must be voting members of the BZA. The secretary shall be a county employee. - 1 - 4-2 The selection of officers shall be made by the voting members of the BZA at the first meeting of the calendar year. 4-2-1 Nomination of officers shall be made by the voting members of the BZA at the first meeting of the calendar year. Elections of officers shall follow irmnediately. A candidate receiving a majority vote of the entire voting membership shall be declared elected. 4-3 Duties 4-3-1 The Chairman shall: 4-3-1-1 Preside at meetings. 4-3-1-2 Rule on procedural questions. 4-3-1-3 Certify official documents involving the authority of the BZA.. 4-3-1-4 Certify minutes as true and correct copies. 4-3-2 The Vice -Chairman. shall: 4-3-2-1 Assume the Rill powers of the chairman in the absence or inability of the chairman to act. 4-3-3 The Secretary shall: 4-3-3-1 Ensure that attendance is recorded at all meetings. 4-3-3-2 Ensure that the minutes of all BZA meetings are recorded. 4-3-3-3 Notify members of all meetings. 4-3-3-4 Prepare agendas for all meetings. 4-3-3-5 Maintain files of all official BZA records and reports. Official records and reports may be purged in accordance with applicable state codes. 4-3-3-6 Give notice of all BZA meetings, public hearings. 4-3-3-7 Provide to the Circuit Court reports and recommendations of the BZA. 4-3-3-8 Attend to the correspondence necessary for the execution of the duties and functions of the BZA. 2 4-4 Term of Office 4-4-1 Officers shall be elected for a one-year term or until a successor takes office. Vacancies shall be filled for an unexpired term by a majority vote of the BZA. In such cases, the newly elected officer shall serve only until the end of the calendar year or until a successor takes office. ARTICLE V- MEETINGS 5-1 Regular- meetings shall be hold a4 the tifne and place set by the BZA a4 the first meeting -of At the first meeting of each calendar year, the Board shall fix the date, time and place of all its regular meetings for the ensuring calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman later declare that weather or other conditions make it hazardous for members to attend. 5-2 Notice of all meetings shall be sent by the secretary with an agenda at least five (5) days before the meeting. 5-3 All meetings of the BZA shall be open to the public except for Closed Sessions held in accordance with the provision specified under Section 2.1-344(A) of the Code of Virginia, (1950), as amended. ARTICLE VI - VOTING 6-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion made unless a quorum is present. 6-2 No action of the BZA shall be valid unless authorized by a majority vote of those present and voting. ARTICLE VII - OPERATING RULES 7-1 Order of Business 7-1-1 Call to Order 7-1-2 Consideration of Minutes 7-1-3 Public Hearing 7-1-4 Other 7-1-5 Adjournment -- 3 - 7-2 Minutes 7-2-1 The BZA shall keep minutes of each meeting. The Chaiiman and Secretary shall sign all minutes following approval by the BZA certifying that the minutes are true and correct. Minutes made available to the public prior to formal approval by the BZA shall be clearly identified as a draft version of the meeting. 7-3 Procedures 7-3-1 Parliamentary procedure in the BZA meetings shall be governed by Robert's Rules of Order, Simplified and Applied, except where otherwise specified in these procedures. 7-3-2 When a motion has been made and defeated, additional, different motions may be made concerning the item under consideration. 7-3-3 Business items on the agenda shall be considered using the following procedures: 7-3-3-1 Report by County Staff 7-3-3-2 Presentation by Applicant 7-3-3-3 Citizen Comment 7-3-3-4 Rebuttal by Applicant 7-3-3-5 Discussion by BZA 7-3-3-6 Motion and Action by BZA 7-34 Public comment shall be allowed in all cases required by the Code of Vir ig nia, (1950), as amended. 7-3-5 The BZA members may ask questions of clarification and information after the staff report, applicant presentation and citizen comment. 7-3-6 Petitions, displays, documents or correspondence presented at a meeting may be made part of the official record of the meeting by motion of the BZA and are to be kept on file by the secretary. Such items need not be made part of the published minutes. 7-3-7 Public Hearings - 4 - 7-3-7-1 The BZA shall hold public hearings on all items as required by the Code of Vir ig nia, (1950), as amended. Such public hearing shall be advertised and notifications provided as required by the Code of Virginia, (1950), as amended. 7-3-7-2 The Chairman may establish special rules for any public hearing at the beginning of said hearing. These rules may include limitations on the time of staff report, applicant presentation and citizen comment. 7-3-8 Tabling 7-3-8-1 The BZA shall have the authority to table agenda items if any one of the following situations occurs: A) The agenda item does not meet the requirements of the Code of Virginia, (1950), as amended. B) The agenda item does not meet the requirements of the Code of Frederick County. C) Insufficient information has been provided for the agenda item. D) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. E) The applicant provides the Frederick County Zoning Administrator with a written request to table the agenda item. F) The Frederick County Zoning Administrator is advised of an emergency situation that prevents attendance by the applicant. G) The applicant fails to appear at the meeting in which the application has been advertised to be acted upon. ARTICLE VIII - AMENDMENTS 8-1 These by-laws may be amended by a majority vote of the entire voting membership after thirty days prior notice. 8-2 BZA shall conduct an annual review of these by-laws to ensure their accuracy. All amendments to these by-laws shall be considered by the BZA in December of each - 5 - calendar year. The BZA shall adopt their by-laws during the first meeting of each calendar year. - 6 -