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HomeMy WebLinkAboutBZA 02-25-03 Meeting MinutesMEETING 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 February 25, 2003. (Note: The regular meeting scheduled for February 18, 2003 was rescheduled to February 25. 2003 due to snow.) PRESENT James Larrick, Jr., Chairman, Gainesboro District; Thomas Malcolm, (representing Shawnee District); Dudley Rinker, Back Creek District; Lennie Mather, Red Bud District; Robert Perry, Stonewall District; Theresa Catlett, Vice Chairman, Opequon District; ABSENT Robert W. Wells, Member -At- Large. STAFF PRESENT Patrick T. Davenport. Zoning and Subdivision Administrator; Rebecca A. Ragsdale, Planner I; Carol 1. Huff, BZA Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. JANUARY 21, 2003 MINUTES On a motion by Mr. Rinker and seconded by Mr. Perry, the minutes for the .lanuary 21, 2003 minutes were approved as presented. AMENDMENT TO THE AGENDA On a request by the representative for Allied Systems Corporation, Mr. Claus Bader of Bowman Consulting Group, Ltd., the agenda was amended to hear Appeal 902 -03 as the first order of business. PUBLIC HEARING Appeal Application #02 -03, submitted by Bowman Consulting Group, Ltd., to appeal three violations of the Zoning Ordinance, §165 -147; §165- 27E(1) and §165- 27E(2), pertaining to site plan requirements and surfaceand parking space demarcation requirements atAllied Systems Corporation. This property is located at 1936 Millwood Pike and is identified with Property Identification Numbers 64- A- 80F .and 64 -A -81 A in the Shawnee Magisterial District. ACTION - APPEAL DENIED AND DECISION OF ZONING ADMINISTRATOR AFFIRMED Frederick Co. Board of Zoning Appeals Minutes of Februanv 25. 2003 Minutes Book Page 1 170 Patrick T. Davenport, Zoning and Subdivision Administrator, gave the background information. He told the Board that this appeal was the result of several violations on the Allied Systems site and that, to date. neither site plan has been approved. Mr. Davenport stated that three actions needed to occur on the site: 1) removal of illegally parked vehicles; 2) the parking areas need to be paved; and 3) the parking spaces to be demarcated. Mr. Davenport said that there are still outstanding comments from review agencies; therefore, the site plans are not ready to be approved. Chairman Larrick asked if staff is seeking to have the vehicles removed immediately. Mr. Davenport affirmed that conclusion. Mr. Rinker asked if the issues holding up the site plan approvals were minor; Mr. Davenport replied that he believed that to be the case. Mr. Claus Bader of Bowman Consulting Group, Ltd. and representative for Allied Systems Corporation, stated that they are asking for a chance to have the site plans approved. He outlined a three -part plan to achieve their goals: 1) Improving Arbor Court which currently exists behind their site; 2) to create the employee parking lot; and 3) create the warehouse building which will allow them to empty out the trailers. Additionally, they plan to create an outdoor storage area with landscaping and a berm around it. On a questions by Chairman Larrick, Mr. Bader confirmed that the trailers are currently being used for storage and that.the owners are anxious to remedy this situation. Mr. Larrick also asked Mr. Bader if he had any idea of a time frame for these issues to be resolved. Mr. Bader believed that 30 days would be a reasonable guess. Mr. Rinker asked how long after the site plans were approved would it take to complete the work. Mr. Bader stated that he believed sometime in mid- summer, that they were shooting for a June occupancy date. Mr. Bader brought drawings up front for the Board's review. The Board members reviewed the plans and Mr. Rinker asked Mr. Bader when he first started making plans for the work to be done, when did they first receive the notice of violation, and how long the trailers have been there. Mr. Davenport told the Board that staff had checked aerial photographs for 2001 and did not notice the tractor- trailer parking like there is now. No one else was present to speak in favor of the application, nor was anyone present to speak against; therefore, Chairman Larrick closed the public comment portion of the hearing. Mr. Davenport told the Board that staffhad received a letter from an adjoining property ownerat 1931 Millwood Pike, Lonnie M. Johns, which stated that he wished for the Zoning Ordinance to be upheld. DISCUSSION 3:50 p. in. Mr. Malcolm came in at this point) Mrs. Catlett asked if it was within the Board's power to require a time frame for the completion of the work. A discussion followed of BZA powers and duties, a review of the state code Frederick Co. Board of Zoning Appeals , Minutes of Fcbruan• 25. 2003 Minutes Book Page 1 171 governing appeals, and the nature (or reasons) for the delay of the approvals. Questions on possible penalties and bonding issues were also addressed. Ms. Mather moved to deny the appeal and affirm the decision of the Zoning Administrator; and, additionally, that the nonconformity be cured on or before September 1, 2003, subject to a penalty bond in the amount of $50,000. Mr. Rinker seconded the motion which passed unanimously. BE IT RESOLVED, THEREFORE, That Appeal Application 402 -03, submitted by Bowman Consulting Group, Ltd., to appeal three violations of the Zoning Ordinance, §165- 147; §165- 27E(1) and §165- 27E(2), pertaining to site plan requirements and surface and parking space demarcation requirements at Allied Systems Corporation, is hereby denied and the decision of the Zoning Administrator affirmed. In addition, the nonconformity shall be cured on or before September 1, 2003, subject to a penalty bond in the amount of 550,000. Appeal Application 901 -03, submitted by P. James Riley, to appeal a violation of the Zoning Ordinance, §165 -50, Permitted Uses in the RA (Rural Areas) Zoning District, concerning Country Boys Auto Sales." This property is located at 5058 Front Royal Pike and is identified with Property Identification Numbers 94A -1 -5 -7 through 94A- 1 -5 -18; 94A -1 -6 -7 through 94A- 1-6-18; and 94A- 1- 12A -12 and 94A- 1- 12A -13 in the Opequon Magisterial District. ACTION - APPEAL DENIED AND DECISION OF ZONING ADMINISTRATOR AFFIRMED Pursuant to §2.2- 3112.A2 and 2.2- 315(E) of the Code of Virginia, Mrs. Catlett disqualified herself from participating in the public hearing and discussion due to a possible conflict of interest. Patrick T. Davenport, Zoning and Subdivision Administrator, gave the background information. Mr. Davenport stated that this appeal resulted from a letter of violation which was issued as a response to a complaint. Investigation of the complaint led to the discovery of an automobile sales business, automobile graveyard and re- builder business, and a roof sign. Associated with these businesses, structures had been recently constructed without proper zoning approval which means that no site plan had been submitted nor building permit acquired. He stated that staff had done extensive research to find out when the Country Boys Auto Sales business was first established, and when the various expansions occurred. Mr. Davenport showed Exhibit "A" on the aerial photographs which depicted various phases of development of the site over the years. Mr. Douglas Harold, the attorney representing Country Boys Auto Sales, told the Board that his client, Mr. Preston James Riley, had been in business since approximately 1968, and that like many other businesses in the area, he started small and has just naturally grown over the years. He Mr. Harold stated that Mr. Riley does not dispute that he should have obtained a building permit for his new building. 0 . Mr. Riley was present for the meeting and told the Board that he has always been a re- derick Co. Board of Zoning Appeals , nutes of Pebruary 25. 2003 Minutes Book 1 age 1 172 builder. He stated that he has been in business since about 1968 and that he has added more cars as the years have gone by. Mr. Harold referenced the fact that he had sent letters to each of the Board members, dated February 10, 2003. Mr. Harold also referenced what he termed to be "a sprawl' along the Route 522 corridor, with businesses such as Shelly's Truck Caps and Mac's Roller Rink. Once again, Mr. Harold stated that he is not disputing that Mr. Riley's business is in violation of the zoning ordinance but that his business employs people, pays taxes, and maintains a decent, clean facility. Mr. Harold presented a folder of pictures that he had taken of various structures on the site, and of the residential area along Summit Avenue. Mr. Harold concluded by saying that he believed it would be an injustice to deprive Mr. Riley of his livelihood, and that Mr. Riley was prepared to do whatever it takes that is reasonable to come into compliance. I-le asked the Board to fashion a remedy that would enable Mr. Riley to stay in business and not have to shut down.Mr. Riley explained that he had several 1963 Fords and is currently rebuilding seven of them. He said he started this business when he was 14 years old andthat's all he knows. Mr. Riley also stated that he was willing to do whatever was necessary to stay in business.Questions were posed to Mr. Riley regarding the number of employees, what the purpose of various structures was. whether there was electric service to the buildings, when did he know that he was in violation of the ordinance, and what has he done since then to come into compliance.Chairman Larrick told the applicants that although they have asked the BZA to " fashion a remedy," they could notjust ignore the zoning. ''his was not the type of use that could be resolved with a CUP or that could be brought into compliance within a certain time period. Discussion followed on whether there were any solutions available to the applicants. Ms. Genevieve Riley, Mr. Riley's step - mother, spoke in favor of the applicant. The public comments portion of the hearing was closed at 4:40 p.m. DISCUSSION Chairman Larrick once again stated that the BZA could not "bestow" a new zoning designation on the property. The other BZA members agreed that the only item before them today was whether the Zoning Administrator was correct in his determination; however, Ms. Mather suggested that perhaps they could offer the application more direction. Mr. Davenport said that a rezoning application was one avenue of possibility but reminded everyone that there were no guarantees. Mr. Malcolm reminded the Board that they did not do this to Mr. Riley; this situation Frederick Co. Hoard ol'Zoning Appeals ,Minutes of FebruugI 25. 2003` Minutes Book Page 1173 was brought about by his own actions and suggested that they stick with the issue at hand, as it is not within the Board's power to solve the violations. Mr. Davenport told the Board that the other possibility is that Mr. Riley could appeal to the Circuit Court and that the judge could fashion a remedy. After some further discussion, Mr. Malcolm moved that the Board affirm the decision of the Zoning Administrator, that the appeal be denied, and that if there is any way possible, or favorable hopes for Mr. Riley, that this would be conveyed to whoever takes the next step. Mr. Perry seconded the motion. The motion passed by majority vote, with Mrs. Catlett abstaining. BE IT RESOLVED, THEREFORE, That Appeal Application #01 -03, submitted by P. James Riley, to appeal a violation of the Zoning Ordinance, §165 -50, Permitted Uses in the RA (Rural Areas) Zoning District, concerning "Country Boys Auto Sales" is hereby denied and the decision of the Zoning Administrator affirmed. OTHER BUSINESS Mr. Davenport reminded the Board that Mr. Mike Chandler is going to be in Leesburg on March 13 at the Virginia Association of Zoning Officials Conference, one portion of which is a BZA training session. Mr. Davenport stated that the money is available in the budget to get everyone registered, for any member who is interested. More information will be mailed to all of the members. As there were no other items to be discussed, the meeting adjourned at 5:00 p.m. b} unanimous vote. Respectfully submitted, Frederick Co. Board of Zoning Appeals Minutes of February 25. 2003 Minutes Book Page 1 174 A l ` J!(d James arrick, Jr., C airman