HomeMy WebLinkAbout09-04 Revocation of CUPMr. James A. Bayliss
PO BOX 1816
Winchester, VA 22604
M- L
MUNTY of FREDERICK
Department of Planning and Development
HAND DELIVERED 540/665-5651
FAX: 540/665-6395
RE: CONDITIONAL USE PERMIT #09-04
Property Identification Numbers 52-A-55 and 52-A-56
Dear Mr. Bayliss:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting
OD May 14, 2008. Conditional Use Permit #09-04 was permitted to remain in force as a cottage
occupation as a real estate brokerage office, subject to the following conditions.
1. All review agency comments and requirements shall be complied with at all times.
2. No more than five customers at any one time.
3. Any proposed business sign shall conform to cottage occupation sign requirements,
including that it shall not exceed four square feet in size. Only one such sign may be
placed on the two properties (Property Identification Numbers 52-A-55 and 52-A-
56) combined. No other sign of any kind (including but not limited to any real estate
sign advertising either or both of the two properties as for sale) is allowed on either
of the two properties unless the cottage occupation sign is removed. Even upon
removal of the cottage occupation sign, only one real estate advertising sign (or
other sign type) may be placed on the two properties combined.
4. Any expansion or modification of facilities will require a new Conditional Use Permit.
5. Up to temporary employees allowed.
Please note that condition #3 was created by the Frederick County Attorney specifically for this
conditional use. This condition must be adhered to at all times; failure to comply will result in
revocation.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
,ar`1t R. Cher n
Zoning Administrator
cc: Gary W. Dove, Gainesboro District Supervisor
George Kriz and Charles Triplett, Gainesboro Planning Commissioners
MRC/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
COUNTY of FREDERICK
Department of Planning and Development
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Mark R. Cheran, Zoning AdministratorW-
540/665-5651
FAX: 540/665-6395
RF: Revocation of Conditional Use Permit #09-04 for a Cottage Occupation for a Real
Estate Brokerage Office
DATE: April 30, 2008
The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #09-04 for
a cottage occupation as a real estate brokerage office on July 14, 2004, with the following
conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. No more than five customers at any one time.
3. Any proposed business sign shall conform to cottage occupation sign requirements, and shall
not exceed four square -feet in size.
4. Any expansion or modification of facilities will require a new Conditional Use Permit.
5. Up to two temporary employees allowed.
Violation of Conditions: Staff received a complaint regarding violations of the CUP #09-04 with
regards to size and number of signs located on the property. The property has two signs located on
the property, which do not meet the requirements of Condition 3 of Conditional Use Permit #09-04.
Staff has met with the property owner and discussed the sign issue in order to bring the property into
compliance with the conditions ofthe Conditional Use Permit. A letter of revocation was sent to the
property owner on December 12, 2007.
Staff conclusions for the 02/20/08 Planning Commission Meeting: The holder of Conditional Use
Permit #09-04 is in violation of the above -referenced conditions with regards to the size and number
of signs on the property.
Summary and Action of the Planning Commission meeting on 02/20/08: The applicant and his
legal counsel stated that the property on which the CUP was granted (PIN 52-A-56) does not have a
sign at this time; however, his adjoining property (PIN 52-A-55) contains a realty sign advertising
the sale of his residence.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Page 2
Frederick County Board of Supervisors
Re: Revocation of CUP 409-04 for Real Estate Brokerage Office
April 30, 2008
The Planning Commission noted that the applicant applied for both properties under his CUP
application. Commission members believed the existing sign had the appearance of a sign
advertising Mr. Bayliss' business, rather than a "For Sale" sign because it contained a directional
arrow with the word, "office." In addition, the sign exceeded the size limitation of four square -feet.
They questioned whether it was an off -premises business sign, which would require a CUP.
Commissioners suggested the applicant place an appropriately -sized business sign onto the property
for which the original CUP was granted (PIN 52-A-56) and place a typical For -Sale sign on the
adjacent property (PIN 52-A-55) advertising the sale of his residence. The applicant contended that
the existing sign was no different than any realty sign posted in Frederick County.
There were no public comments. The Planning Commission unanimously recommended that CUP
#09-04 of James and Barbara Bayliss be revoked due to a violation of the conditions of the permit,
specifically regarding the size of the sign and the appearance of an off -premise business sign.
(Note: Commissioner Manuel abstained; Commissioners Ambrogi, Triplett, and Mohn were absent
from the meeting.)
Staff Comments for Board of Supervisors Meeting March 26,2008: The applicant was cited for
an illegal business and sign (s) on April 5, 2004. The applicant applied for a Conditional Use Permit
(CUP #09-04) for a cottage occupation on the property, to bring the property into compliance with
the Frederick County Zoning Ordinance.
At the June 2, 2004 Planning Commission meeting, members explained to the applicant about the
size requirements for a cottage occupation sign, which is two feet -by -two feet, not four feet -by -four
feet. The applicant acknowledged that the current sign was too large and would modify any sign to
meet the requirements of a cottage occupation sign. This CUP was approved by the Board of
Supervisors on July 14, 2004.
Staff received complaints with regards to the size and the number of signs located on the property.
Staff met with and notified the applicant via certified mail that the applicant was in violation of the
conditions placed on CUP # 09-04. The applicant has not removed the sign (s) and was scheduled
for revocation of CUP #09-04. As noted above, the Planning Commission at their February 20, 2008
meeting voted for revocation of CUP #09-04. Staff has included attachments associated with CUP
#09-04 for your review.
Summary and Action of the Board of Supervisors meeting on 03/12/08: Mr. Cheran presented
the staff report stating that Mr. Bayliss is not in compliance with requirement #3 of his CUP
regarding size and number of signs located on the property. Mr. Bayliss acknowledged that the sign
in question did exceed four square feet and he asked the Board for a 30 day extension so he could
work with Mr. Cheran because he wanted to have a real estate sign in addition to the sign allowed by
the CUP. Some of the Supervisors had concerns because this issue has been going on for three and a
Page 3
Frederick County Board of Supervisors
Re: Revocation of CUP #09-04 for Real Estate Brokerage Office
April 30, 2008
half years and it is obvious what needs to be done to bring the sign issue into compliance. The Board
determined that no signs are to be placed on the property until approved by the Zoning Administrator
and Mr. Bayliss is in compliance with CUP #09-04.
The applicant has since submitted to staff a sign plan that meets the cottage occupation sign
requirements. Condition #3 has been modified to allow the applicant to have a real estate sign in lieu
of the cottage occupation sign to advertise the sale of his property.
UPDATE FOR MAY I4, 2008 BOARD OF SUPERVISORS MEETING•
Roderick B. Williams, Frederick County Attorney, proposes the following language for condition #3:
Any proposed business sign shall conform to cottage occupation sign requirements, including
that it shall not exceed four square feet in size. Only one such sign may be placed on the two
properties (Property Identification Numbers 52-A-55 and 52-A-56) combined. No other sign of
any kind (including but not limited to any real estate sign advertising either or both of the two
properties as for sale) is allowed on either of the two properties unless the cottage occupation
sign is removed. Even upon removal of the cottage occupation sign, only one real estate
advertising sign (or other sign type) may be placed on the two properties combined.
Staff would recommend the conditions be as follows:
1. All review agency comments and requirements shall be complied with at all times.
2. No more than five customers at any one time.
3. Any proposed business sign shall conform to cottage occupation sign requirements, including
that it shall not exceed four square feet in size. Only one such sign may be placed on the two
properties (Property Identification Numbers 52-A-55 and 52-A-56) combined. No other sign
of any kind (including but not limited to any real estate sign advertising either or both of the
two properties as for sale) is allowed on either of the two properties unless the cottage
occupation sign is removed. Even upon removal of the cottage occupation sign, only one
real estate advertising sign (or other sign type) may be placed on the two properties
combined.
4. Any expansion or modification of facilities will require a new Conditional Use Permit.
5. Up to two temporary employees allowed.
MRC/bad
Attachments
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
NOTIFICATION OF PUBLIC MEETING
April 30, 2008
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: REVOCATION OF CONDITIONAL USE PERMIT APPLICATION #09-04 OF JAMES AND
BARBARA BAYLISS
On behalf of the Frederick Board of Supervisors, you are hereby notified of a public meeting being held
on Wednesday, May 14, 2008, at 7:15 p.m. in the Board Room of the Frederick County
Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following
application:
Revocation of Conditional Use Permit 909-04 for James and Barbara Bayliss. This Conditional
Use Permit is being revoked due to the size and number of signs on the property. The property is
located at 2680 Northwestern Pike (Route 50 W), and is identified with Property Identification Numbers
52-A-55 and 52-A-56 in the Gainesboro Magisterial District.
A copy of the agenda will be available for review at the Handley Library and the Bowman Library the
week of the meeting, or at the Department of Planning and Development located at 107 North Kent
Street in Winchester, Virginia. Information regarding this application will also be available via the
Planning Department's website at www.co.frederick.va.us.
Sincerely,
Mark R. Cheran y
Zoning Administrator
ufTIM19131T:11
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
This is to ce £y that the attached correspondence was mailed to the following on
/6� from the Department of Planning and Development, Frederick
County, Virginia:
James A. Bayliss
PO Box 1816
Winchester, VA 22604
C.L. Robinson
c/o F&M Bank
9 Court Sq.
Winchester, VA 22601
Clarence & Viva Cather
2691 Northwestern Pike
Winchester, VA 22603
Silver Lake LLC
c/o James R. Wilkins III
13 S. Loudoun St.
Winchester, VA 22601
Philip & Diana Haines
675 Poorhouse Rd./ �• -a
Winchester, VA 22603
ark R. Cheran, Zoning & Subdivision Administrator
rrederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
a Notary Public in and for the State and County
aforesaid, do hdreby certify that MA R. Cheran, Zoning & Subdivision Administrator for the
Dep ment of Planning and Development, whose name is signed to the foregoing, dated
C: Q� , has personally appeared before me and acknowledged the same in my
State and Uounty aforesaid.
Given under my hand this
My commission expires on
E!'I kLY H. DELLINGER
'"'
00TARY ID # 331878
—NOTARY PUBLIC
LTH OF
CG?.;+her , EXPIRES JULYI311,12011
day of
CCC.
NOTARY VVBLIC
Mark Cheran
From: Rod Williams [rwillia@co.frederick.va.us]
Sent: Monday, April 14, 2008 1:19 PM
To: mcheran@co.frederick.va.us
Subject: Bayliss CUP
Mark,
Here is my rewrite of the language for condition 3:
Page 1 of 1
Any proposed business sign shall conform to cottage occupation sign requirements, including
that it shall not exceed four square -feet in size. Only one such sign may be placed on the two
properties (Property Identification Numbers 52-A-55 and 52-A-56) combined_ No other sign of
any kind (including but not limited to any real estate sign advertising either or both of the two
properties as for sale) is allowed on either of the two properties unless the cottage occupation
sign is removed. Even upon removal of the cottage occupation sign, only one real estate
advertising sign (or other sign type) may be placed on the two properties combined.
Please let me know if you have questions.
Also, on a separate matter, Ben Butler called and wants to get the Rutherford Farm
deed (the agreeable one) back as soon as possible. If you can sign and get it back to me,
will coordinate John's signature. Thanks.
Roderick B. Williams
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
Winchester, Virginia 22601
Telephone: (540) 722-8383
Facsimile: (540) 667-0370
E-mail: rwiIIia@cP..fred_erick.va.us
4/28/2008
COUNTY of FREDERICK
MEMORANDUM Department of Planning and Development
540/665-5651
FAX: 540/665-6395
TO: Frederick County Board of Supervisors
FROM: Mark R. Cheran, Zoning Administrator`' --------
RE: Revocation of Conditional Use Permit 409-04 for a Cottage Occupation for a Real
Estate Brokerage Office
DATE: April 2, 2008
The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #09-04 (applicable
to Property Identification Numbers 52-A-56 and 52-A-55) for a cottage occupation as a real estate
brokerage office on July 14, 2004, with the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. No more than five customers at any one time.
3. Any proposed business sign shall conform to cottage occupation sign requirements, and
shall not exceed four square -feet in size.
4. Any expansion or modification of facilities will require a new Conditional Use Permit.
5. Up to two temporary employees allowed.
Since the approval of this CUP, staff has notified the applicant on numerous occasions of a violation of
condition #3 regarding signs on the property. More specifically, the business sign posted on the property
exceeds the allowable four square feet size requirement, resulting in a violation of their CUP. Staff also
advised of concern with a second sign on the property which appeared to advertise a real estate office.
On February 20, 2008, the Planning Commission recommended that the CUP be revoked because of the
continuing violations. On March 12, 2008, the Board of Supervisors tabled action on the revocation for
30 days to enable the applicant to resolve the illegal sign concerns.
Since the March 12, 2008, Board meeting, the applicant has removed the signs from the property, and has
submitted a sketch of a proposed business sign that dimensionally complies with the CUP's cottage
occupation sign requirement. Application for a sign permit has not been made at this time.
In an effort to more affectively manage the signage permitted on this CUP site, staff would suggest that if
the Board is inclined to allow the CUP to continue, that the Board revise CUP condition #3 to read:
3. Any proposed business sign shall conform to cottage occupation sign requirements, and
shall not exceed four square -feet in size. Any other sign will not be allowed unless the
cottage occupation sign is removed. (Sign to include real estate sign for applicant's
property not to advertise Bayliss Realty Office.)
Staff is available should you have questions. Thank you.
107 North rent Street, Suite 202 a Winchester, Virginia 22601-5000
Page 2
Frederick County Board of Supervisors
Re: Revocation of CUP #09-04 for Real Estate Brokerage Office
April 2, 2008
Supplemental Information on Case History
Violation of Conditions: Staff received a complaint regarding violations of the CUP #09-04 with
regards to size and number of signs located on the property. The property has two signs located on the
property, which do not meet the requirements of Condition 3 of Conditional Use Permit #09-04. Staff has
met with the property owner and discussed the sign issue in order to bring the property into compliance
with the conditions of the Conditional Use Permit. A third letter of revocation was sent to the property
owner most recently on December 12, 2007.
Staff conclusions for the 02/20/08 Planning Commission Meeting: The holder of Conditional Use
Permit #09-04 is in violation of the above -referenced conditions with regards to the size and number of
signs on the property.
Summary and Action of the Planning Commission meeting on 02/20/08: The applicant and his legal
counsel stated that the property on which the CUP was granted (PIN 52-A-56) does not have a sign at this
time; however, his adjoining property (PIN 52-A-55) contains a realty sign advertising the sale of his
residence.
The Planning Commission noted that the applicant applied for both properties under his CUP application.
Commission members believed the existing sign had the appearance of a sign advertising Mr. Bayliss'
business, rather than a "For Sale" sign because it contained a directional arrow with the word, "office."
In addition, the sign exceeded the size limitation of four square -feet. They questioned whether it was an
off -premises business sign, which would require a CUP. Commissioners suggested the applicant place an
appropriately -sized business sign onto the property for which the original CUP was granted (PIN 52-A-
56) and place a typical For -Sale sign on the adjacent property (PIN 52-A-55) advertising the sale of his
residence. The applicant contended that the existing sign was no different than any realty sign posted in
Frederick County.
There were no public comments. The Planning Commission unanimously recommended that CUP #09-
04 of James and Barbara Bayliss be revoked due to a violation of the conditions of the permit, specifically
regarding the size of the sign and the appearance of an off -premise business sign.
(Note: Commissioner Manuel abstained; Commissioners Ambrogi, Triplett, and Mohn were absent from
the meeting.)
Staff Comments for Board of Supervisors Meeting March 12, 2008: The applicant was cited for an
illegal business and sign (s) on April 5, 2004. The applicant applied for a Conditional Use Permit (CUP
#09-04) for a cottage occupation on the property, to bring the property into compliance with the Frederick
County Zoning Ordinance.
At the June 2, 2004 Planning Commission meeting, members explained to the applicant about the size
requirements for a cottage occupation sign, which is two feet -by -two feet, not four feet -by -four feet. The
applicant acknowledged that the current sign was too large and would modify any sign to meet the
Page 3
Frederick County Board of Supervisors
Re: Revocation of CUP #09-04 for Real Estate Brokerage Office
April 2, 2008
requirements of a cottage occupation sign. This CUP was approved by the Board of Supervisors on July
14, 2004.
Staff received complaints with regards to the size and the number of signs located on the property. Staff
met with and notified the applicant via certified mail that the applicant was in violation of the conditions
placed on CUP # 09-04. The applicant has not removed the sign (s) and was scheduled for revocation of
CUP #09-04. As noted above, the Planning Commission at their February 20, 2008 meeting voted for
revocation of CUP #09-04. Staff has included attachments associated with CUP #09-04 for your review.
Summary and Action of the Board of Supervisors meeting on 03/12/08: Mr. Cheran presented the
staff report stating that Mr. Bayliss is not in compliance with requirement #3 of his CUP regarding size
and number of signs located on the property. Mr. Bayliss acknowledged that the sign in question did
exceed four square feet and he asked the Board for a 30 day extension so he could work with Mr. Cheran
because he wanted to have a real estate sign in addition to the sign allowed by the CUP. Some of the
Supervisors had concerns because this issue has been going on for three and a half years and it is obvious
what needs to be done to bring the sign issue into compliance. The Board determined that no signs are to
be placed on the property until approved by the Zoning Administrator and Mr. Bayliss is in compliance
with CUP #09-04. The Board tabled action of the revocation for 30 days.
Update since 3/12/08 Board meeting: The applicant has since submitted to staff a sign plan that meets
the cottage occupation sign requirements. Staff suggests a revision to Condition #3 to enable the
continued use of the CUP with the stipulations that only one sign shall be on the CUP property (identified
by PIN 52-A-56 and 52-A-55) at any given time.
MRC/bad
Attachments
Jim Bayliss
i
2.25"
540-662-9216
OFFICE
24 " x 2411
2,5"
2 1!
ro
0
March 26, 2008
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
NOTIFICATION OF PUBLIC MEETING
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S)
FAX: 540/665-6395
RE: REVOCATION OF CONDITIONAL USE PERMIT APPLICATION #09-04 OF JAMES AND
BARBARA BAYLISS
On behalf of the Frederick Board of Supervisors, you are hereby notified of a public meeting being held
on Wednesday, April 9, 2008, at 7:15 p.m. in the Board Room of the Frederick County Administration
Building at 107 North Kent Street, Winchester, Virginia to consider the following application:
Revocation of Conditional Use Permit #09-04 for James and Barbara Bayliss. This Conditional
Use Permit is being revoked due to the size and number of signs on the property. The property is
located at 2680 Northwestern Pike (Route 50 W), and is identified with Property Identification Numbers
52-A-55 and 52-A-56 in the Gainesboro Magisterial District.
A copy of the agenda will be available for review at the Handley Library and the Bowman Library the
week of the meeting, or at the Department of Planning and Development located at 107 North Kent
Street in Winchester, Virginia. Information regarding this application will also be available via the
Planning Department's website at www.co.frederick.va.us. .
Sincerely,
r1V�ar R. e an
Zoning Administrator
MRC/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
This is to certify tat the attached correspondence was mailed to the following on
G from the Department of Planning and Development, Frederick
County, Virginia:
James A. Bayliss
PO Box 1916
Winchester, VA 22604
C. L. Robinson
c/o FSM Bank Winchester
9 Court Square
Winchester, VA 22601
Clarence & Viva Cather
2691 Northwestern Pike
Winchester,VA 22603
Silver Lake, LLC
c/o James Wilkins III
13 S. Loudoun St.
Winchester, VA 22601
Audrey Miller
2696 Northwestern Pike
Winchester, VA 22603
Philip & Diana Haines
675 Poorhouse Rd.
Winchester, VA 22603
ark R. Cheran, Zoning & Subdivision Administrator
-ederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
I,, a Notary Public in and for the State and County
aforesaid, d ereby certify that Ark R. Cheran, Zoning & Subdivision Administrator for the
Depart7,;
t of Planning and Development, whose name is signed to the foregoing, dated
has personally appeared before me and acknowledged the same in my
State and C unty aforesaid.
Given under my hand this K day of
My commission expires on
NOTARY BLIC
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
NOTIFICATION OF PUBLIC HEARING
February 27, 2008
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: REVOCATION OF CONDITIONAL USE PERMIT APPLICATION #09-04 OF JAMES AND
BARBARA BAYLISS
On behalf of the Frederick Board of Supervisors, you are hereby notified of a public hearing being held
on Wednesday, March 12, 2008, at 7:15 p.m. in the Board Room of the Frederick County
Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following
application:
Revocation of Conditional Use Permit #09-04 for James and Barbara Bayliss. This Conditional
Use Permit is being revoked due to the size and number of signs on the property. The property is
located at 2680 Northwestern Pike (Route 50 W), and is identified with Property Identification Numbers
52-A-55 and 52-A-56 in the Gainesboro Magisterial District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the agenda will be available for review at the Handley Library and the Bowman Library the week of the
meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia. Information regarding this application will also be available via the Planning
Department's website at www.co.frederick.va.us.
Sincerely, ;
t�
ar R. Cheran
Zoning Administrator
31=1191T41
itil
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
from the Department of Planning and Development, Frederick
County, Virginia:
52 - A- - 55-
BAYLISS, JAMES A-
PO BOX 1816 22604 8316
WINCHESTER, VA
52 - A- - 54-
ROBINSON, C I.
Ci0 F&M BANK WINCHESTER
9 COURT SO
NCHESTER, VA 22601 4736
52 - A- - 166-
'ATHER, CLARENCE & VIVA
2691 NGCT:9WEN:E?N PIKE
WINCHESTER, Vk 22603-3821
52 - A- - 63 -
SILVER LAKE LLC
C/0 JAMES R WILKINS III
13 S LOUDOUN ST
WINCHESTER, VA 22601-4777
Philip & Diana Haines
675 Poorhouse Rd.
Winchester, VA 22603
L
Mark R. Cheran, Zoning & Subdivision Administrator
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
1, , a Notary Public in and for the State and County
aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the
Department of Planning and Development, whose name is signed to the foregoing, dated
has personally appeared before me and acknowledged the same in my
State and County aforesaid.
Given under my hand this day of
My commission expires on
NOTARY PUBLIC
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Mark R. Cheran, Zoning Administrator //" _„ -
RE: Revocation of Conditional Use Permit #09-04 for a Cottage Occupation for a Real
Estate Brokerage Office
DATE: February 26, 2008
The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #09-04 for
a cottage occupation as a real estate brokerage office on July 14, 2004, with the following
conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. No more than five customers at any one time.
3. Any proposed business sign shall conform to cottage occupation sign requirements, and
shall not exceed four square -feet in size.
4. Any expansion or modification of facilities will require a new Conditional Use Permit.
5. Up to two temporary employees allowed.
Violation of Conditions: Staff received a complaint regarding violations of the CUP #09-04 with
regards to size and number of signs located on the property. The property has two signs located on
the property, which do not meet the requirements of Condition 3 of Conditional Use Permit #09-04.
Staff has met with the property owner and discussed the sign issue in order to bring the property into
compliance with the conditions of the Conditional Use Permit. A letter of revocation was sent to the
property owner on December 12, 2007.
Staff conclusions for the 02/20/08 Planning Commission Meeting: The holder of Conditional Use
Permit #09-04 is in violation of the above -referenced conditions with regards to the size and number
of signs on the property.
Summary and Action of the Planning Commission meeting on 02/20/08: The applicant and his
legal counsel stated that the property on which the CUP was granted (PIN 52-A-56) does not have a
sign at this time; however, his adjoining property (PIN 52-A-55) contains a realty sign advertising
the sale of his residence.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Page 2
Frederick County Board of Supervisors
Re: Revocation of CUP #09-04 for Real Estate Brokerage Office
February 26, 2008
The Planning Commission noted that the applicant applied for both properties under his CUP
application. Commission members believed the existing sign had the appearance of a sign
advertising Mr. Bayliss' business, rather than a "For Sale" sign because it contained a directional
arrow with the word, "office." In addition, the sign exceeded the size limitation of four square -feet.
They questioned whether it was an off -premises business sign, which would require a CUP.
Commissioners suggested the applicant place an appropriately -sized business sign onto the property
for which the original CUP was granted (PIN 52-A-56) and place a typical For -Sale sign on the
adjacent property (PIN 52-A-55) advertising the sale of his residence. The applicant contended that
the existing sign was no different than any realty sign posted in Frederick County.
There were no public comments. The Planning Commission unanimously recommended that CUP
#09-04 of James and Barbara Bayliss be revoked due to a violation of the conditions of the permit,
specifically regarding the size of the sign and the appearance of an off -premise business sign.
(Note: Commissioner Manuel abstained; Commissioners Ambrogi, Triplett, and Mohn were absent
from the meeting.)
Staff Comments for Board of Supervisors Meeting March 27,2008: The applicant was cited for
an illegal business and sign (s) on April 5, 2004. The applicant applied for a Conditional Use Permit
(CUP #09-04) for a cottage occupation on the property, to bring the property into compliance with
the Frederick County Zoning Ordinance.
At the June 2, 2004 Planning Commission meeting, members explained to the applicant about the
size requirements for a cottage occupation sign, which is two feet -by -two feet, not four feet -by -four
feet. The applicant acknowledged that the current sign was too large and would modify any sign to
meet the requirements of a cottage occupation sign. This CUP was approved by the Board of
Supervisors on July 14, 2004.
Staff received complaints with regards to the size and the number of signs located on the property.
Staff met with and notified the applicant via certified mail that the applicant was in violation of the
conditions placed on CUP # 09-04. The applicant has not removed the sign (s) and was scheduled
for revocation of CUP #09-04. As noted above, the Planning Commission at their February 20, 2008
meeting voted for revocation of CUP #09-04. Staff has included attachments associated with CUP
#09-04 for your review.
MRC/rsa
Attachments
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
February 20, 2008
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should
adopt the Agenda for the meeting............................................................................ (no tab)
2) December 19, 2007 Minutes............................................................................................ (A)
3) Committee Reports.................................................................................................. (no tab)
4) Citizen Comments.................................................................................................... (no tab)
PUBLIC HEARING
5) 2008-2009 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital
projects requested by various County Departments and Agencies. The Plan is created as an
informational document to assist in the development of the County's annual budget. If
adopted, the CIP is a component of the Comprehensive Policy Plan.
Mr. Ruddy........................................................................................................................ (B)
6) Revocation of Conditional Use Permit #09-04 of James and Barbara Bayliss. This
Conditional Use Permit is being revoked due to the size and number of signs on the property.
The property is located at 2680 Northwestern Pike (Route 50 W) and is identified with
Property Identification Numbers 52-A-55 and 52-A-56 in the Gainesboro Magisterial District.
Mr. Cheran....................................................................................................................... (C)
Ordinance Amendment — Dedication of Right -of -Way — Proposed revision to the
Frederick County Subdivision Ordinance, § 144-17E — Expansion of existing right-of-way.
Mrs. Perkins..................................................................................................................... (D)
8) Ordinance Amendment — Handicap Accessible Ramps — Proposed revision to the
Frederick County Zoning Ordinance § 165-23F — Setback Requirements.
Mrs. Perkins..................................................................................................................... (E)
Ordinance Amendment — Trash Storage and Screening Requirements — Proposed
to the Frederick County Zoning Ordinance §165-47 — Landfills, junkyards and
ehic':es.
'-
I OPe";tal Im011ces 7 special Notices
NOTICE OF
f a PUBLIC HEARING
The Frederick County Planning Commissic
will hold a public hearing on Wednesda
February 20, 2008 at 7:00 p.m., in the Boai
Room of the Frederick County Administratie
Building at 107 North Kent Street, Wincheste
Virginia, to consider the following:
PUBLIC HEARING
2008-2009 Capital Improvement Plan (CIP)
The CIP is a prioritized list of capital project:
requested by various County Departments an(
Agencies. The Plan is created as an mforma
tional document to assist in the developmen
of the County's annual budget. If adopted, the
. CIP is a component of the Comprehensive
Policy Plan.
Revocation of Conditional Use Permit #09-
04 of James and Barbara Bayliss. This Con-
ditional Use Permit is being revoked due to the
size and number of signs on the property The
property is located at 2680 Northwestern Pike
(Route 50 W) and is identified with Property
Identification Numbers 52-A-55 and 52-A-56 in
the Gainesboro Magisterial District.
Ordinance Amendment — Dedication of
Right -of -Way — Proposed revision to the Fred-
erick County Subdivision Ordinance, §144-17E
— Expansion of existing right-of-way.
Ordinance Amendment — Handicap Acces-
sible Ramps — Proposed revision to the Fred-
erick County Zoning Ordinance §165-23F —
Setback Requirements.
Drdinance Amendment — Trash Storage
and Screening Requirements - Proposed
-evision to the Frederick County Zoning Ordi-
iance §165-47 — Landfills, junkyards and inop-
)rable vehicles.
Interested citizens may appear before the
Commission to speak on the above items. A
copy of the agenda will be available at the
Handley Library and the Bowman Library the.
week of the meeting. Further information may
be obtained at the Department of Planning and
Development, 107 North Kent Street, Win-
chester, Virginia, or by calling (540) 665-5651.
You can also visit us on the web at:
www.co.frederick.va.us.
James A. Bayliss
2680 Northwestern Pike
Winchester, VA 22603
February 18, 2008
Chairperson and Members
Frederick County Planning Commission
107 Kent Street
Winchester, VA 22601
RE: Revocation Hearing of CUP 09-04
Dear Chairperson and Members:
I am most concerned that I found myself facing a hearing that could affect my ability to earn a
living with a matter that I understood was resolved.
I have been charged with two (2) violations of the conditions of my CUP # 09-04, I will respond to
them as follows:
Allegation of too many signs on my property and signs too large:
The reason that there was two signs on my property from the period of January 21, 2007 — February
7, 2008 are as follows:
1) One of the signs is a real estate for sale sign on my property with the Pin ID # 52-A-55. This is
not the property for which my CUP permit #09-04 was approved by The Frederick County Board
of Supervisors on July 14, 2004. My permit was issued for a separate piece of property on which
my home and office are located, that property is identified by PIN ID # 52- A-56 and I am
enclosing a copy of the approval letter dated July 15, 2004 from Mr. Mark Cheran, Interim &
Subdivision Administration to verify this statement.
2) On January 19, 2007 Mr. Mark Cheran and a female associate from the planning department
visited my home/office and after discussing several options that Mr. Cheran assured me would
resolve the dispute between The Frederick County Planning Department and myself. Mr. Cheran
stated that I should put up a smaller sign that would be in compliance for the permit. I showed Mr.
Cheran and his associate a sign I felt would be in compliance and he and his associate agreed it
would be in compliance. We (Mr. Cheran, his associate & I) then walked down the driveway to
where, Mr. Cheran showed me the area that he recommended the sign be erected. Mr. Cheran also
stated that this sign would be on the property of where my CUP permit was issued and the other
sign would be a real estate/offsite sign and by doing this would put me in total compliance. The
sign was erected as agreed upon within 2 days. I had no further contact or complaints from Mr.
Cheran until December 12, 2007 when I received a letter threatening to revoke my CUP permit. I
phoned Mr. Cheran twice after receiving this letter and was only able to reach his voicemail. I left
messages asking what the issue was with permit but my calls were never returned.
In our discussion on January 19, 2007 Mr. Cheran said he had received complaints about my sign, I
asked him numerous times who this person was,not to cause problems but to address this person's
concerns. Mr. Cheran would never give me the name of the person making the complaint. I have
since been told by a County employee that the person making the complaint was a member of the
Planning Commission.
3) As further evidence of the validity of my statements, I am enclosing an aerial tax map showing
the two separate parcels of land in question and that my real estate sign is located Offsite of the
property for which my CUP permit was issued. I am also enclosing copies of letters from Mr.
Cheran and my written responses to show that I have always tried to cooperate with the Planning
Department on this matter.
I believe this letter setting forth my defense and other evidence I am submitting to you will prove
that I am not now or have I ever been in violation of the conditions of my Conditional Use Permit
and that I have cooperated with the Planning Dept. to try to resolve this issue. If the information
that I was given is correct, that it is indeed a member of the Planning Commission that has been
making these complaints, I respectfully suggest to the other members of the Planning Commission
that you obtain the name of the person who is making these complaints to ascertain if these are
legitimate complaints or if this person is using County time and assets for personal reasons. I have
always felt and still do feel that the great majority of government workers and the people that serve
on government Commissions and on our local government Board of Supervisors are dedicated
hardworking and honest people. I respectfully request that my Conditional Use Permit be evaluated
objectively and in the best traditions of our County of which we are all proud.
Respectfully,
J
James A. Bayliss
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r p: pis.co.frederick.va.us/Freeance/Client/PublicKioskl/index.html?appconfip;=Political 2/17/2008
February 8, 2008
COUNTY of FREDERICK
Department of Planning and Development
NOTIFICATION OF PUBLIC HEARING
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S)
540/665-5651
FAX: 540/665-6395
R11A:: REVOCATION OF CONDITIONAL USE PERMIT APPLICATION #09-04 OF JAMES AND
BARBARA BAYLISS
On behalf of the Frederick Planning Commission, you are hereby notified of a public hearing being held
on Wednesday, February 20, 2008, at 7:00 p.m. in the Board Room of the Frederick County
Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following
application:
Revocation of Conditional Use Permit #09-04 for James and Barbara Bayliss. This Conditional
Use Permit is being revoked due to the size and number of signs on the property. The property is
located at 2680 Northwestern Pike (Route 50 W), and is identified with Property Identification Numbers
52-A-55 and 52-A-56 in the Gainesboro Magisterial District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the agenda will be available for review at the Handley Library and the Bowman Library the week of the
meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia. Information regarding this application will also be available via the Planning
Department's website at www.co.frederick.va.us.
Sincerely,
Mark R. Cheran
Zoning Administrator
MRC/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
This ia/0
o /certify that the attached correspondence was mailed to the following on
from the Department of Planning and Development, Frederick
County, Virginia:
Mark R. Cheran, Zoning & Subdivision Administrator
Frederick County Planning Department
55E' 40T�2/Y 5,{EEi- A7W
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, , a Notary Public in and for the State and County
aforesaid, d ereby certify that k R. Cheran, Zoning & Subdivision Administrator for the
DeDar,tmeyjt of Planning and Development, whose name is signed to the foregoing, dated
d , has personally appeared before me and acknowledged the same in my
State and County aforesaid.
6`
Given under my hand this ( day of 60
My commission expires on - ® i
�jy-\
NOTARY P LIC j
Fp
CERTIFIED MAIlL
February 7, 2008
Mr. James Bayliss
2680 Northwestern Pike
Winchester, Virginia 22603
0
.1 : �": :w
C '��1'•TW of FREDERICK
Department of planning and Development
540/665-5651
FAX: 540/665-6395
: 2680 Northwestern Pipe
Property Identification Number (PIN): 52-A-56
Zoning District: IZA (Rural Areas)
Dear Mr. Bayliss:
This letter is in reference to your telephone call of February 5, 2008 and the letter you
sent to this office for a Freedom of Information Act (FOIA) request with regards to your
violations of Conditional Use Permit (CUP) #09-04. Violations of the Frederick County
Zoning Ordinance are not subject to the provisions of the FOIA with regards to the
information of the complainant. Furthermore, Conditional Use Permits are a legislative
action and may be revoked by the Frederick County Board of Supervisors for any
violation of the conditions of the CUP.
As my letter to you dated December 12, 2007, stated, "This letter is to inform you that
your Conditional Use Permit (CUP) 409-04 is being scheduled for revocation at the
earliest public hearing, due to violations of the conditions placed on CUP #09-04. You
will receive further notice from this office in regards to the time and location of this
public hearing". You are scheduled for revocation of your CUP on February 20, 2008,
and you will receive notice of the public hearing via letter which will be mailed on
February 8, 2008. Our procedure for hearing items is to advertise the item on the two
Wednesdays prior to the Planning Commission meeting. The agenda is mailed to the
Planning Commission on Friday after the first ad runs, as well as the owner/applicant and
adjoiner letters.
Please contact me regarding any questions that you may have at (540) 665-5651.
Sincerely,
Mark R. Cheran
Zoning Administrator
MRC/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Certified Letter #7001 2510 0001 1951 6069
February 7, 2008
James A. Bayliss
2680 Northwestern Pike
Winchester, VA 22603
Mr. Mark Cheran
Frederick County Dept. Of Planning and Development
107 North Kent Street, Suite 202
Winchester, VA 22601-5000
Re: Conditional Use Permit (CUP) # 09-04
Dear Mark:
While reading the Winchester Star newspaper yesterday, I was drawn to a Public Hearing
Notice that in part read that the Frederick County Planning Commission was holding a hearing
on February 20, 2008 to revoke my CUP for the reasons that there were too many signs on
my property and one sign was too large and I would like to respond as follows:
1.) 1 have never been notified orally or in writing that a date and time was set for this
hearing. I first learned of this hearing by reading the Winchester Star. Is this normal
procedure for your office?
2.) Today I am removing the one sign that you and your associate reccomended last year
that I erect to be in compliance with County Regulations. This should solve the one
cause of "Too many signs" that you had listed in the Public Hearing Notice published
in the Winchester Star on February 6, 2008.
3.) The only sign now existing on my property is the real estate sign that indicates that my
property is for sale. I do not believe that the County regulates the size or the contents of
a real estate "for sale" sign. If I am wrong please let me know and I will immediately
correct the problem.
4.) 1 hereby request that you notify me in writing of any specific violations that would now
put me in violation of my Conditionai Use Permit. I ask for this in writing because I have
learned from past experience with you, that reccomendations and directions that you have
orally given to me in the past does not solve this problem. I am willing to cooperate with your
office and Frederick County to lawfully solve this problem once and for all.
Thank you for your anticipated attention and written reply.
Sincerely,
� 1
/�� James A. Bayliss
8 2008
COUNTY of FREDERICK
Department of Planning and Development
640/665-5651
MEMORANDUM FAX: 540/665-6395
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Zoning Administrator ,,2� C___
RE: Revocation of Conditional Use Permit #09-04 for a Cottage Occupation for a Real
Estate Brokerage Office
DATE: February 4, 2008
The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #09-04 for
a cottage occupation as a real estate brokerage office on July 14, 2004, with the following
conditions:
All review agency comments and requirements shall be complied with at all times.
2. No more than five (5) customers at any one time.
3. Any proposed business sign shall conform to cottage occupation sign requirements, and
shall not exceed four square feet in size.
4. Any expansion or modification of facilities will require a new Conditional Use Permit.
5. Up to two temporary employees allowed.
Violation of Conditions: Staff received a complaint regarding violations of the CUP #09-04 with
regards to size and number of signs located on the property. The property has two (2) signs located
on the property, with the signs not meeting the requirements of Condition 3 of Conditional Use
Permit #09-04. Staff has met with the property owner and discussed the signage issue in order to
bring the property into compliance with the conditions of the Conditional Use Permit. A letter of
revocation was sent to the property owner December 12, 2007.
Staff conclusions for the 02/20/08 Planning Commission Meeting: The holder of Conditional Use
Permit #09-04 is in violation of the above -referenced conditions with regards to the size and number
of signs on the property. A recommendation from the Planning Commission for revocation of
Conditional Use Permit #09-04 would be appropriate. This recommendation will be forwarded to
the Board of Supervisor for their consideration.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Certified letter # 7001 2510 0001 1951 6014
December 18, 2007
James A. Bayliss
2680 Northwestern Pike
Winchester, VA 22603
Mr. Mark Cheran
Zoning Administrator
County Of Frederick
Dept. of Planning and Development
107 North Kent Street, Suite 202
Winchester, VA 22601-5000
RE: Conditional Use Permit #09-04
Dear Mark:
I received your certified letter dated December 12, 2007 and must admit that again I have
received a letter from you again threatning to have my CUP permit scheduled for revocation
at the earliest public hearing and I would like to reply as follows:
(1) When I last met with you and your associate at my office, we walked to the site where
my sign was on my property and discussed what corrections I needed to make to my sign
to be in total compliance with County regulations.
(2) It was your associate and your suggestion that I remove the top "Office" part of my for sale
sign and erect a smaller sign that were within County regulations. I asked you and your
associate that if I modified one of my smaller "for sale" signs and used the word "Office"
on it. if that would meet your requirements. After viewing and measuring the sign you
stated that this would satisfy your requirements. I did exactly what you requested and now
receive another threatning letter from you.
(3) I, again submit to you that my signs are in total compliance with Frederick County reg-
. atcis as the Larger sign is a For Sale sign and is not County regulated and the smaller
Office sign is in total compliance with County regulations. I believe that under the Fed-
eral Freedom of Information Act that I am entitled to know who originated the complaint
that triggered your letter and I hereby request this information.
Thank you for your prompt attention and response to this letter!
Sincerely,
James Bayliss
P
CERTIFIED MAIL
December 12, 2007
James and Barbara Bayliss
2680 Northwestern Pike
Winchester, Virginia 22603
RE: 2680 Northwestern Pike
Property Identification Number (PIN): 52-A-56
Zoning District: RA (Rural Areas)
Dear Mr. and Ms. Bayliss:
• Flu CUPS`
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for
revocation at the earliest public hearing, due to violations of the conditions placed on CUP #09-04.
You will receive further notice from this office in regards to the time and location of this public
hearing.
In accordance with Section 165-21 of the Frederick County Zoning Ordinance, the Board of
Supervisors may revoke a Conditional Use Permit for any violation of the conditions placed upon the
Conditional Use Permit. This office has received complaints of violations of the conditions placed
on Conditional Use Permit #09-04, due to the size of your sign and the number of signs on the
property. These violations have been ongoing. Staff has met with you on the property about these
violations. I have enclosed a copy of the conditions placed on CUP #09-04.
Please contact me regarding any questions that you may have at (540) 665-5651.
Sincerely,
- V-4
C eran
Zoning Administrator
Enclosure
MRC/dlw
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
,ONO%;
jim Bayliss
540.662.9216
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Certified Mail # 7001 2510 0001 1951 5994
January 25, 2007
James A. Bayliss
2680 Northwestern Pike
Winchester, VA 22603
County Of Frederick
Dept. Of Planning & Development
107 North Kent Street, Suite 202
Winchester, VA 22601
Attn: Mr. Mark R. Cheran
Dear Mark:
In reply to your certified letter dated January 17, 2007, 1 would like to respond
as follows:
1.) 1 previously responded via certified mail to this same issue last year and
after several telephone conversations with you last year regarding this
matter, I felt that this matter had been settled.
2.) 1 do not feel that I am in violation of my conditional Use Permit (CUP)#
09-04 because the sign size that identifies my office does not exceed
4 square feet. It is attached to a larger For Sale sign on my property.
To the best of my knowledge, Frederick County does not have a re-
striction on the size of real estate For Sale signs.
3.) As I stated to you in my certified letter to you last year in regard to this
same matter and in my telephone conversations with you last year, I
will be glad to have a smaller seperate Office Sign made and erected
if you so desire and if this will resolve this matter, but I still intend to use
the existing For Sale Sign to indicate that my property is for sale. Would
please let me know in writing if this would be acceptable?
4.) Under the Federal Freedom Of Information Act, I hereby request that you
provide me with a copy of these complaints and the idenity of the person(s) who
have made these complaints this year and last year. Thank You!
Sincerely,
lames a. Bayliss 7
I
CERTIN IE MAIL
January 17, 2007
James and Barbara Bayliss
2680 Northwestern Pike
Winchester; Virginia 22603
RE: 2680 Northwestern Pike
Property Identification Number (PIN): 52-A-56
Zoning District: RA (Rural Areas)
Dear Mr. and Ms. Bayliss:
&-,LLE c0l"Ty
COUNTY of FREDERICK
Departineat of Planning and Development
540/655-5651
FAX: 540/665-6395
This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for
revocation at the earliest public hearing due to violations of the conditions placed on CUP 09-04.
You will receive further notice from this office in regards to the time and location of this public
hearing.
In accordance with Section 165-21 of the Frederick County Zoning Ordinance, the Board of
Supervisors may revoke a Conditional Use Permit for any violation of the conditions placed upon the
Conditional Use Permit. This office has received complaints of violations of the conditions placed
on Conditional .Use Permit #09-94, due to the size of your sign. I have included a copy of the
conditions placed on this CUP.
Please contact me regarding any questions that you may have at (540) 665-5651.
Sincerely,
ark R. Cheran
Zoning Administrator
Enclosure
MRC/bad
bc: Gary Dove, Supervisor
George Kriz & Charles Triplett, Commissioners
107 North Rent Street, Suite 202 • Winchester, Virginia 22601-5000
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CERTIFIED MAIL
April 10, 2006
Mr. Mark R. Cheran
Zoning Administrator
County Of Frederick
Dept. Of Planning & Development
107 North kent Street, Suite 202
Winchester, VA 22601-5000
Dear Mr. Cheran:
In reply to your certified letter dated April 3, 2006 that I received on April 7, 2006 that
in brief threatened to schedule a hearing to revoke my Conditional Use Permit #09-04 due to
complaints that you stated you had received in regard to the size of my sign, I would like to
respond as follows:
1.) 1 do not believe that I am in violation of the conditions placed upon my
conditional use permit. The sign that indicates that this is an Office is
a 6" X 24" sign that reads "Office".
2.) 1 do not believe that there is a size limit on real estate signs on property
that are for sale and since my property at 2680 Northwestern Pike is for
sale, and my sign is being used to indicate that my property is for sale,
I do not believe that this sign is in violation of my Conditional Use
Permit.
3.) 1 would like to request that you or someone from your office visit the area
of my sign and verify that This real estate sign is not in violation of
my Conditional Use Permit.
4.) Since this is a matter of public record, i would request the Names of the
person(s) who have made the complaints about my sign.
Thank you for your attention to this matter and I will await your reply!
Sincerely yours;
Pxjames A. Bayliss
cc: Peter Thos. Hansen
Attorney At Law
APR 1 2006
2680 Northwestern Pike
Winchester, VA 22603
540-662-9216
540-662-9585
jimbayliss@msn.com
877-662-9216 Toll Free
April 3, 2006
James and Barbara Bayliss
2680 Northwestern Pike
Winchester, Virginia 22603
COUNTV,_-,9 EIWDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
CERTIFIED MAIL
RE: 2680 Northwestern Pike
Property Identification Number (PIN): 52-A-56
Zoning District: RA (Rural Areas)
Dear Mr. and Ms. Bayliss:
This letter is to inform you that your Conditional Use Permit (CUP) 409-04 is being scheduled for
revocation at the earliest public Bearing due to violations of the conditions placed on CUP 09-04.
You will receive further notice from this office in regards to the time and location of this public
hearing.
in accordance with Section 165-21 of the Frederick County Zoning Ordinance, the Board of
Supervisors may revoke a Conditional Use Permit for any violation of the conditions placed upon the
Conditional Use Permit. This office has received complaints of violations of the conditions placed on
Conditional Use Permit #09-94, due to the size of your sign. I have included a copy of the conditions
placed on this CUP.
Please contact me regarding any questions that you may have at (540) 665-5651.
Sincerely,
Mark R. Cheran
Zoning Administrator
Enclosure
MRC/bad
107 North Rent Street, Suite 202 ° Winchester, Virginia 22601-5000