HomeMy WebLinkAbout06-02 Approval LetterApril 26, 2002
Mr. Floyd L. Lee
1908 Fairfax Pike
White Post, VA 22663
IB& scar
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
RE: CUP #06-02 FOR FLOYD L. LEE, Property Identification Number 87-A-66
Dear Mr. Lee:
FAX: 540/665-6395
This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on
April 22, 2002.
Your request, Conditional Use Permit #06-02 for a restaurant, "Our Little Diner" was approved with the
following conditions:
1. Hours of operation shall be limited to between 5:00 a.m. and 9:00 p.m.
2. Only one business sign shall be permitted and limited to fifty (50) square feet in size, and fifteen
(15) in height.
3. No additional dwellings shall be permitted on the property.
4. All review agency comments shall be complied with at all times.
5. An engineered site plan shall be approved by the County. All improvements shall be installed prior
to operation of the restaurant. These improvements shall include a minimum of nine (9) parking
spaces which shall be located to ensure vehicles do not back onto Front Royal Pike or adjoining
properties.
6. Any expansion or change of use will require a new Conditional Use Permit (CUP).
If you have any questions regarding this action, please feel free to call this office.
Sincerely, atr��
Rebecca A. Ragsdale
Planner I
RAR/ch
cc: W. Harrington Smith, Jr., Shawnee District Supervisor
Jane Anderson, Real Estate
em: Robert Morris and William Rosenberry, Shawnee District Planning Commissioner
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107 North Kent Street • Winchester, Virginia 22601-5000
CERTIFIED MAIL
October 25, 2002
Mr. Floyd L. Lee
1908 Fairfax Pike
White Post, VA 22663
To rl 1
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COUNTY of FREDERICK
Department of Planning and Development
549/665-5651
FAX: 540/665-6395
RE: CUP 406-02, "Our Little Diner," 3131 Front Royal Pike
Dear Mr. Lee:
This letter is to inform you that you are in violation of the approved Conditional Use Permit # 06-02
for "Our Little Diner." Specifically, you are in violation of Condition #5:
An engineered site plan shall be approved by the County. All improvements shall be
installed prior to operation of the restaurant. These improvements shall, include a minimum
of nine (9) parking spaces which shall be located to ensure vehicles do not back onto Front
Royal Pike or adjoining properties.
A site plan was approved for the property that illustrated the required improvements to the site,
including installation of nine paved parking spaces vJith concrete w heel stops. I met with you on the
site to discuss the possibility of opening the restaurant prior to completion of the paving of the
parking spaces. It was agreed that this would only be allowed if a guarantee bond was submitted to
this department to cover the cost of paving the parking spaces. This bond would be required prior
to the opening of the restaurant and this office would allow one (1) year after opening of the
restaurant for completion of the paving.
Upon inspection of the above -referenced property, the parking spaces have not been paved, no
guarantee bond has been submitted, and the diner has opened. Therefore, you are in violation of
Condition #5 of your approved conditional use permit and Section 165-16 of the zoning ordinance.
This office will allow (30) days from receipt of this letter for resolution of this violation. Specifically,
resolution may be achieved by closing the restaurant until: 1) the parking spaces have been paved,
or 2) a guarantee bond has been submitted to cover the cost of paving the parking spaces. Failure
to resolve this violation will result in a criminal complaint being filed against you and proceedings for
ZD
revocation of your conditional use permit.
107 Forth Kept Street o Winchester, Virginia 22601-5000
Page 2
Mr. Floyd L. Lee
Re_ CUP #06-02, "Our Little Diner"
October 25, 2002
You may have the right to appeal this notice of violation within thirty (30) days of the date of this
letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and
unappealable, if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal
must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance
with Article XXI, Section 165-155A(1), of the Frederick County Zoning Ordinance. This provision
requires the submission of an application form, a written statement setting forth the decision being
appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party,
any other information you may want to submit, and a $250.00 filing fee. Once the appeal application
is accepted, it will be scheduled for public hearing and decision before the BZA.
Please call with any questions you may have regarding this matter.
Sincerely,
10-W
Rebecca Ragsdale
Planner I
RAR/kac
1-11
W. Harrington Smith, Jr., Shawnee District Supervisor
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