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Home My WebLink About01-08 CommentsView of Parcels From Cole Lane Side Yard Encroachment From Self -Service Storage Facilities COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 January 30, 2008 Ameritas Life Insurance Corp. Its successors and assigns c/o Grandbridge Real Estate Capital, LLC Attn: Carole Wells 2970 Peachtree Road, Suite 530 Atlanta, GA 30305 Chicago Title Insurance Company c/o L&B Title Company 7200 Wisconsin Avenue 81h Floor Bethesda, MD 20814 All Points Properties, LLC c/o Mid -Atlantic Partners 1682 East Gude Drive, Suite 201 Rockville, Maryland 20850 All Points Warehousing, LLC Attn: Joseph E. Kalbach, Managing Member 3082 Shawnee Drive Winchester, Virginia 22601 RE: Property Identification Number(s): 54-54A and 54-5-5A Frederick County, Virginia Zoned: M1 (Light Industrial) To Whom It May Concern: In response to the letter we received on January 9, 2008, we are providing you with a zoning certification for the above -referenced property. We have examined our records with respect to the parcel and advise you, as of this date, as follows: The properties identified as Tax Il) No. 54-5-5A and 54-54A, (the "Property"), is zoned M1 (Light Industrial District) and is subject to the use restrictions generally applicable to that classification, which is contained in the Frederick County Zoning Ordinance (the "Zoning Ordinance"). • This property has not been granted any variances, special exceptions, conditional use permits, or zoning relief of any kind. • This property is not in any special, restrictive, floodplain, floodway, or overlay district(s). 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Ameritas Life Insurance Corporation Chicago Title Insurance Company All Points Properties, LLC All Points Warehousing, LLC Re: Zoning Certification; Pl_N 54-5-5A and 54-54A January 30, 2008 • This Department has no record of any past or pending zoning violations having been filed, with respect to the property; and the undersigned is unaware of any violations of the applicable • portions of the Zoning Ordinance. To determine whether the property has any unresolved building violations and/or complaints, please contact Mr. John Trenary, Building Official, with the Frederick County Inspections Department (540)665-5650. • Currently there are three approved site plans (Site Plan #15-82, revised #15-82, and #11-98) for the properties. • The properties are currently in compliance with the Zoning Ordinance, with the exceptions noted below in relation to the ALTA survey. • A listing of allowable uses in the M1 — Light Industrial District, is attached. Additionally, we are in receipt of Greenway Engineering's ALTA/ACSM Land Title Survey for All Points Warehousing, Cole Lane, dated December 19, 2007. In reviewing the survey, there appears to be a few building setback issues that affect the existing buildings. Below is an overview of the issues identified by the ALTA survey, and the corresponding resolution. Resolution of the issues is overcome by one of two measures: (1) grandfathered status (legally nonconforming) based on previously approved Site Plan #15-82 (September 16, 1982), and its revision (September 12, 1983); or (2) acquisition of a variance from Board of Zoning Appeals. The Site Plan approved September 16, 1982 established a 37 foot building setback from the Cole Lane right-of-way. The revised Site Plan approved September 12, 1983, established the northern boundary setbacks of 16 feet, and the eastern boundary setbacks of 15 feet. 167 Cole Lane. Road setback is legally nonconforming based on Site Plan #15-82. 185 Cole Lane. Road setback is legally nonconforming based on Site Plan #15-82. Additionally, via Zoning Administrator interpretation, it has been determined that the encroachment is appropriate. 193 Cole Lane. Northern and Eastern property line set is legally nonconforming based on revised Site Plan #15-82 (revised 9/12/1983). Western property line setback violation may be resolved with a Lot Consolidation or a variance obtained from the Board of Zoning Appeals. 187, 189, and 191 Cole Lane. Western property line setback violation may be resolved if a variance is obtained from the Board of Zoning Appeals or with a lot consolidation. 4 Page 3 Ameritas Life Insurance Corporation Chicago Title Insurance Company All Points Properties, LLC All Points Warehousing, LLC Re: Zoning Certification, PIN 54-5-5A and 54-54A January 30, 2008 Please contact this office should you have additional questions. Sin4rely, Eric R. Lawrence, AICP Director M 1181 ]