HomeMy WebLinkAbout01-11 ApplicationAPPLICATION FOR APPEAL
IN THE
COUNTY OF FREDERICK, VIRGINIA
-OFFICE USE ONLY -
Appeal Application 0/—/ Submittal Deadline
Submittal Date K� For the meeting of a '' r 64
Fee Paid yes initials:
MUST BE TYPED OR FILLET) OUT IN INK - PLEASE PRINT
1. The applicant is to list the owners x adult occupants or parties in interest of the
property . (Check one)
2. APPLICANT:
NAME: Dr. Ayman Salem
ADDRESS 241 Garber Lane
Winchester, VA 22602
OCCUPANT: (if different)
NAME:
_-10RI-
TELEPHONE: (540) 662-2301 TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
241 Garber Lane, Winchester, VA 22602
The parcel is triangular in shape and located between Interstate 81 and
U.S. 522 South near Costco.
4. Magisterial District: Shawnee
5. Property Identification No.: 64 -A -5-C
6. The existing zoning of the property is:
7. The existing use of the property is:
8. Adjoining Property:
USE
North Business
East
South. Business
West Business
Veterinary Hospit�
ZONING
B2
B2
B2
9. Describe the decision being appealed. (Attach a copy of the written decision.)
The denial of Building Permit (Sign) # 0736-2010, 241 Garber Lane
dated March 3, 2011. A copy of the written decision is attached.
10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision.
(This may be provided on separate sheet.)
The denial of the permit applied for on December 12, 2010 was improper.
The adjacent roadway of this site is U.S. Route 522 and Dursuant to
165-201.6G(8) "sign height shall be measured from the grade level of the
adjacent street...
11. Additional comments, if any:
The existing sign was present when the property was purchased by Dr.
Salem. Without being able to advertise on Route 522, this business
cannot _remain at this location.
12. The following names and addresses are all of the individuals, firms, or corporations owning
property adjacent to the property for which the appeal 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: (Please list Property
Identification Number.)
NAME
Beall House LC
Henkel -Harris Co
Address
210 Front
Royal , Pike
ppc/o
WincOhester21VA 22604-1370
Property ID #
64-A-3
Commonwealth of Virginia
P. 0. Box 2249
Address
none
Staunton, VA 24402-2249
Property ID #
64 -A -4C
Front Royal Pike, LLC
P. 0. Box 246$ P.
Address
Front
Royal Pike
Winchester, VA 22604-1668
Property ID #
p Y
64B-1-4
Cracker Barrel Old Country Stor
ATTN: Property 17GT
P. 0. Box 757
Lebanon, TX 37088-0787
Address
200 Front
Royal Pike
Property ID # 64 -A -1E
Grimes, Jerry L. & Patricia B.
229 Garber Lane
Winchester, VA 22602
Address
229 Garber
Lane; 198 Garber Lane
Property ID #
P Y 64 -A -5B
Nations Media, LLC Address
201 Shannon Court none
Winchester, VA 22602-237.3 Property ID #
_ p rtY 64 -A -IA
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
AGREEMENT
APPEAL # CI -11
I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning
Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as
described herein. I agree to comply with any conditions 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 hereby certify that all of the statements and information contained herein are, to the best of
my knowledge, true.
SIGNATURE OF APPLICANT 'p DATE
SIGNATURE OF OWNER
(if other than applicant)
-OFFICE USE ONLY-
DATE
BZA PUBLIC HEARING OF ( 71tE ACTION:
- DA E-
APPEAL OVERRULED
APPEAL SUSTAINED SIGNED:
BZA CHAIRMAN
DATE:
File: 09Lud Use Applications\Application Forms\APPEAL
Revised: 01/14/03
�n�57
March 3; 2011
Mr. Ayman Salem
241 Garber Lane
Winchester, VA 22602
RE: Building Permit (Sign) #0736-2010
241 Garber Lane
Property Identification Number (PIN): 64 -A -5C
Dear Mr. Salem:
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
This letter is in regards to a building permit applied for on December 12, 2010 for a sign to be placed on
property located at 241 Garber Lane. This proposed sign does not meet the requirements of the Frederick
County Zoning Ordinance with regards to the height and size of the sign. The permit notes the height of the
sign as 22 feet and size as 88 square feet.
Section 165-201.6 G (7) (c) of the Frederick County Zoning Ordinance requires signage height to be reflective
of the roadway upon which the site's entrance is located. The entrance for this site is located on Garber Lane
and, therefore, due to this roadway's classification, the height of the sign is not permitted to exceed 12 feet.
Section 165-201.6 H (7) (c) of the Frederick County Zoning Ordinance requires signage size to be reflective of
the adjacent roadways classification. Due to Garber Lane's classification, the size of the sign shall not exceed
50 square feet. This building permit in its current form cannot be issued at this date. In order for a building
permit to be issued you will need to change the height and size of the sign, and reapply for a building permit.
You 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 X, Section 165-1001.02
(A), 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 appeal,
how the appellant is an aggrieved party, any other information you may want to submit, and a $300.00 filing
fee ($250.00 filing fee and a $50.00 refundable sign deposit). Once the appeal application is accepted, it will
be scheduled for public hearing and decision before the BZA.
If you have any questions call me at (540) 665-5651.
Sincerely, ,
/,17
Mark R. Cheran
Zoning Administrator
Enclosure
MRC/bad
cc: ,k -Michael Solak, Esq., 102 S. Kent St., Winchester, VA 22601
John Trenary, Building Official
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000