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Home My WebLink About01-11 CommentsC UNTY of FREDERICK Departynent of Planning and Development 540/665-5651 FAX: 540/665-6395 July 28, 2011 Mr. James Michael Marr Northern Virginia Regional Outdoor Advertising Agent Department of Transportation, Fredericksburg District 87 Deacon Road Fredericksburg, VA 22605 RE: Silver Spring Veterinary Hospital Sign Route 522 South Dear Mike: This letter is in regards to the above referenced sign located on VDOT property fronting Route 522 South. You sent the owner of the sign a Notice of Violation (NOV). This letter, dated September 17, 2010, notifies the owner that the sign is located in the state-owned right-of-way and would be removed within thirty (30) days. The owner of the sign sent you a letter, dated October 22, 2011, requesting to extend the NOV to get an approval and a building permit from the County of Frederick to relocate the sign on the property located at 241 Garber Lane. The County of Frederick Zoning Ordinance will not allow or permit this sign to be placed on the property located at 241 Garber Lane. The property owner appealed the decision of the Frederick County Zoning Administrator for not issuing a building permit for the sign. The owner was subject to a Board of Zoning Appeals (BZA) hearing, regarding constructing the sign on the property; however, the owner withdrew the appeal of the decision not to issue the building permit for the sign. Therefore, this appeal was not heard and is now moot. I am, therefore, requesting that you remove this sign from the Commonwealth of Virginia property. I have provided you copies of the NOV sent to the owner of the sign from your office and the letter requesting an extension to complete the permit process. I have also included County letters regarding this issue. If you have any questions, please call me at (540) 665-5651. Sincerely, Z4ark R. C�heran Zoning Administrator Enclosures MRC/bad 107 North Kent Street, Suite 202 s Winchester Virginia 22601-5000 HARRISON & dOxNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 P.O. Box 809 Winchester, Virginia 22604 Telephone 540.667.1266 Facsimile 540.667.1312 May 13, 2011 Frederick County Department of Planning and Development Mark R. Cheran Zoning Administrator 107 N. Kent Street Winchester, VA 22601 RE: Building Permit #7036-2010 241 Garber Lane Property Identification Number: 64 -A -5C Dear Mr. Ch.eran, k , MAY 1 6 2011 L L Timothy M. Mayfield mayfield@har7ison-jolinston.com I write in regard to the above matter which is scheduled for a hearing on May 18, 2011 at 3:30 p.m. before the Board of Zoning Appeals. As we discussed earlier today, the property owner Ayman Salem and I are working toward an alternative solution to the problem of locating signage on the property. We have hired the architecture firm Carter+Burton.who have been in contact with Dana Johnston of your office and are working toward approval of a plan involving placing a sign on the building rather than continuing the use of a free-standing sign. I would therefore request that our appeal scheduled for next Tuesday be tabled to allow more time for the development of this alterative plan and its approval. I appreciate your consideration of this request and look forward to further discussion and a mutually agreeable resolution of this case. With kind regards, I am Very Truly Yours, Timothy M. Mayfield TMM/abc cc: Dr. Ayman Salem Carter+Burton Architecture 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, 4 Mark R. Cheran - Zoning Administrator Enclosure MRC/bad cc: J. Michael Solak, Esq., 102 S. Kent St., Winchester, VA 22601 John Trenary, Building Official 107 North Kent Street, Suite 202 - Winchester, Vieginia 22601-5000 C(D �J47 October 22, 2010 J. MICHAEL SOLAK ATTORNEY AT LAW 102 S. KENT STREET WINCHESTER, VIRGINIA 22601 TELEPHONE (540) 722-4064 Mr. Michael Man Northern Virginia Regional Outdoor Advertising Agent Department of Transportation Fredericksburg District 87 Deacon Road Fredericksburg, VA 22405 RE: Legal Notice of Violation 33.1-373 AMMAN A. SALEM, D.V.M. Silver Springs Veterinary. Hospital Dear Mr. Marr, ALL CORRESPONDENCE P.O. BOX 617 WINCHESTER, VIRGINIA 22604 This is to advise that my office was retained by Dr. Salem to represent him in a sign ordinance violation case in Frederick County General District Court involving the sign for Silver Spring Veterinary Hospital. Dr. Salem and I are working with Greenway Engineering, Inc. and Frederick County to obtain the necessary permits and approvals for his veterinary hospital sign. We would ask that VDOT extend the above -referenced 30 -day notice to allow Dr. Salem time to complete the approval and permit process. If I can provide any other information please do advise. Thank you for your assistance and attention to this matter. Sincerely, JMS/ea cc: Ayman A. Salem, D. V.M. Roderick Williams, Frederick County Attorney Kurt Pennington, Greenway Engineering ichael Solak REQ' -'VES Per N0\1 2010 LIU A-MMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION FREDERICKSBURG DISTRICT 87 DEACON ROAD FREDERICKSBURG, VA 22405 Virginiadot.org GREGORY A. WHIRLEY COMMISSIONER CERTIFIED MAIL September 17, 2010 Ayman A. Salem,D.V.M. Silver Spring Veterinary Hospital. 241 Garber Lane Winchester, VA 22602 Re: OFFICIAL NOTICE OF VIOLATION 33.1-373 Dear Mr. Salem: You are hereby notified to remove the existing business advertising sign (see attached photograph) and sign structure from the state-owned right-of-way within thirty (30) days from receipt of this notice. Should you consider this notice to be issued in error, please provide documentation of your claim for consideration. After thirty (30) days from receipt of this notice; state forces may remove the business sign and structure at the expense of the sign owner. The sign remnants will be held for thirty (30) days at a local Department of Transportation facility, then discarded. This sign is in violation of § 33.1-373 of the Code of Virginia (1950), as amended: § 33.1-373. Advertising on rocks, poles, etc., within limits ofhighway; civil penalty. Any person who in any manner (i) paints, prints, places, puts or affixes any advertisement upon or to any rock, stone, tree, fence, stump, pole, mile -board, milestone, danger -sign, guide -sign, guidepost, highway sign, historical marker, building or other object lawfully within the limits of any highway or (ii) erects, paints, prints, places, puts, or affixes any advertisement within the limits of any highway shall be assessed a civil penalty of $100. Each occurrence shall be subject to a separate penalty. All civil penalties collected under this section shall be paid into the Highway Maintenance and Operating Fund. Advertisements placed within the limits of the highway are hereby declared a public and private nuisance and may be forthwith removed, obliterated, or abated by the Commonwealth ` Transportation Commissioner or his representatives without notice. The Commonwealth Transportation Commissioner may collect the cost of such removal, obliteration, or abatement from the person erecting, painting, printing, placing, putting, affixing or using such advertisement. When no one is observed erecting, painting, printing, placing, putting, or affixing such sign or advertisement, the person, firm or corporation being advertised shall be presumed to have placed the sign or advertisement and shall be punished accordingly. Such presumption, however, shall be rebuttable by competent evidence. In addition, the Commissioner or his representative may seek to enjoin any recurring violator of this section. The provisions of this section shall not apply to signs or other outdoor advertising regulated under Chapter 7 (§ 33.1-351 et seq.) of this title. (Code 1950, § 33-319; 1970, c. 322; 1993, c. 538; 1994, c. 696.) I can be reached at 804-720-8087 or by email James.marr@vdot.virginia.gov Sincerely, James Michael "Mike" Marr Northern Virginia Regional Outdoor Advertising Agent VDOT Richmond enc. cc: Brian Waymack - Lori L. Pound, Assistant Attorney General of FREDERICK Inspections Department John S_ Trenary, Building Official Second Notice 540/665-5650 Fax 540/678-0682 August 26, 2010 Mr. Ayman Salem 214 Garber Lane Winchester, Va. 22602 RE: 241 Garber Lane, Tax Map Number 64 -A -5-C Dear Mr. Salem: On June 1, 2010, this office responded to a complaint at the above mentioned job site. At that time, our Inspector noted that a sign had been built and electric had been run to the sign without the necessary permits and inspections. Frederick County requires signage twelve feet or more in height to be designed by an Engineer licensed in the state of Virginia. Virginia Uniform Statewide Building Code, Section 108.1 When applications are required. Application for a permit shall be made to the building official and a permit shall be obtained prior to the commencement of any of the following activities, except that applications for emergency construction, alterations or equipment replacement shall be submitted by the end of the first working day that follows the day such work commences_ In addition, the building official may authorize work to commence pending the receipt of an application or the issuance of a permit. Construction or demolition of a building or structure. Installations or alterations involving (i) the removal or addition of any wall, partition or portion thereof, (ii) any structural component, (iii) the repair or replacement of any required component of a fire or smoke rated assembly, (iv) the alteration of any required means of egress system, (v) water supply and distribution system, sanitary drainage system or vent system, (vi) electric wiring, (vii) fire protection system, mechanical systems or fuel supply systems or (viii) any equipment regulated by the USBC. 107 North Kent Street • Winchester, Virginia 22601 2. For change of occupancy, application for a permit shall be made when a new certificate of occupancy is required under Section 103.3. 3. Movement of a lot line that increases the hazard to or decreases the level of safety of an existing building or structure in comparison to the building code under which such building or structure was constructed. 4. Removal or disturbing of any asbestos containing materials during the construction or demolition of a building or structure, including additions. Uniform Statewide Building Code, Section 109.3 Engineering details. When determined by the building official, construction documents shall include adequate detail of the structural, mechanical, plumbing or electrical components. Adequate detail may include computations, stress diagrams or other essential technical data and when proposed buildings are more than two stories in height, adequate detail may specifically be required to include where floor penetrations will be made for pipes, wires, conduits, and other components of the electrical, mechanical and plumbing systems and how such floor penetrations will be protected to maintain the structural integrity or fire resistance rating, or both. All engineered documents, including relevant computation, shall be sealed by the RDP responsible for the design. UNIFORM STATEWIDE BUILDING CODE, SECTION 113 INSPECTIONS 113.1 General. In accordance with Section 36-105 of the Code of Virginia, any building or structure may be inspected at any time before completion, and shall not be deemed in compliance until approved by the inspecting authority. Where the construction cost is less than $2,500, however, the inspection may, in the discretion of the inspecting authority, be waived. The building official shall coordinate all reports of inspections for compliance with the USBC, with inspections of fire and health officials delegated such authority, prior to the issuance of an occupancy permit. This office hereby gives you ten (5) days from the receipt of this letter to file an application for permit. Failure to comply will result in this matter being forwarded to the County Attorney for appropriate legal action. Sincer ly, John S. Trenary;? Building Code l CC: Planning and Zoning