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Home My WebLink AboutBZA 09-25-01 Meeting AgendaFILE COPY AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia September 25, 2001 3:25 p.m. CALL TO ORDER 1) Minutes of the August 21, 2001 Meeting PUBLIC HEARING 2) Application #18-01, Appeal of the Decision by the Zoning Administrator, submitted by Marsh & Legge Land Surveyors in regard to the denial of a boundary line adjustment in the Quail Meadows subdivision. The property is located at the northeast intersection of Ruebuck Road (Rt. 670) and Rest Church Road (Rt. 669), adjacent to the Virginia/West Virginia State Line and is identified with Property Identification Numbers 23-A-12 and 23- 8-13 in the Stonewall Magisterial District. 3) Application #17-01, Appeal of Decision by the Zoning Administrator, submitted by Capon Valley Bank in regard to the denial of a time and temperature clock in a bank sign. The property is located at 6701 Northwestern Pike and is identified with Property Identification Numbers 28 -A -14B and 28 -A -14D in the Back Creek Magisterial District. 4) Other C7 • MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on August 21, 2001. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Theresa Catlett, Opequon District; Dudley Rinker, Back Creek District; Thomas Malcolm, Shawnee District and Robert Perry, Stonewall District STAFF PRESENT: Patrick T. Davenport, Zoning Administrator; Carol Huff, Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. MINUTES OF JUNE 19, 2001 On a motion made by Mr. Rinker and seconded by Mr. Malcolm, the minutes for the June 19, 2001 meeting were unanimously approved. ESTABLISHMENT OF MEETING DATE FOR SEPTEMBER 2001 The announcement of the next application cut-off date prompted a discussion regarding the availability ofinembers in September. Following the protocol established by Article V, Meetings, of the Board of Zoning Appeals Bylaws, Mr. Perry made a motion to move the September meeting to Tuesday the 25`h. The motion was seconded by Mr. Rinker and passed by unanimous vote. The Board also discussed the status of the alternate member(s) issue. Chairman Larrick stated that he would draft a letter to the Board of Supervisors to formalize this request. A follow-up discussion ensued regarding the new magisterial districts [approved by the Board of Supervisors on May 23, 2001] and whether the Board of Zoning Appeals would receive another member as a result. Chairman Larrick stated that the maximum number of members allowed by state statute is seven, with the minimum being five. Mrs. Catlett asked if they would automatically get another member since there is now anther magisterial district; however, Chairman Larrick replied that although it has been local practice to have one member from each district, he did not believe that there was a requirement by the state code to automatically appoint another member. Frederick Co. Board of Zoning Appeals Minutes of August 21, 2001 Minutes Book Page 1 118 Board consensus was that the appointment of new members may mitigate the need for alternates to be appointed; therefore, Mr. Malcolm made a motion to formally request the Board of Supervisors to appoint an additional member and one at -large member. Mr. Rinker seconded the motion which was approved by unanimous consent. PUBLIC HEARING Variance Application #16-01, submitted by Clariant Corporation of Winchester, requesting a 14.71 -foot front yard variance for a mechanical equipment pad and heat exchanger unit; and a 7.71 -foot front yard setback variance for a mechanical equipment pad with 6' x 6' shed and dust collector and heat exchanger units. This property is located at the southwest corner of Victory Lane (Rt. 728) and Arbor Court (Rt. 1000), approximately 0.42 miles south of Route 17/50 in the Shawnee Magisterial District. ACTION - APPROVED Mr. Patrick Davenport, Zoning Administrator, presented the background information for the variance request. He concluded by stating that the granting of the requested variance as submitted would be appropriate in this case. Chairman Larrick asked for anyone in favor of the application to come forward. Mr. Matt Kotlowski, of AMK Products, spoke in favor of the application because concerns that he and his wife had with noise from the Clariant plant had been resolved. Chairman Larrick reminded Mr. Kotlowski that the Board could not guarantee a "cause and effect" situation by approving the variance; all the BZA was authorized to do was either grant or deny the variance. Mr. Kotlowski replied that he understood that and was satisfied with Clariant's solution. Mr. Bill Trindle, Site Manager for Clariant Corporation, stated that until Mr. and Mrs. Kotlowski brought this issue to his attention, he was unaware that there was a noise problem. BZA members asked if there was any landscaping on that side of the building and whether the proposed solution would eliminate the problem or just shift it from one place to another. Mr. Trindle assured the Board that the excessive noise would be alleviated by shifting the equipment placement and installing damper systems. There were no other public comments. DISCUSSION Mr. Rinker asked if this variance was for a specific portion or for the entire side of the building. Mr. Davenport clarified that the request was only for one section, as shown on the Frederick Co. Board of Zoning Appeals Minutes of August 21, 2001 2 Minutes Book Page 1 1 19 application, and that Clariant would be required to submit a new application for anything else. Chairman Larrick affirmed that they would not be changing the boundary restriction line. Mr. Malcolm moved to approve both requests in Variance Application 416-0 1; the motion was seconded by Mr. Rinker. The motion was passed by unanimous vote. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously approve Variance Application #16-01, submitted by Clariant Corporation of Winchester, requesting a 14.71 -foot front yard variance for a mechanical equipment pad and heat exchanger unit; and a 7.71 -foot front yard setback variance for a mechanical equipment pad with 6' x 6' shed and dust collector and heat exchanger units. There were no other matters to be discussed; therefore, the meeting adjourned by unanimous consent at 3:55 p.m. Respectfully submitted, James Larrick, Jr., Chairman Carol I. Huff, Secretary Frederick Co. Board of Zoning Appeals Minutes of August 21, 2001 Minutes Book Page 1 120 BZA REVIEW DATE: 9/25/01 APPLICATION #18-01 APPEAL OF DECISION BY THE ZONING ADMINISTRATOR QUAIL MEADOWS LOCATION: The property is located at the northeast intersection of Ruebuck Road (Rt. 670) and Rest Church Road (Rt. 669), adjacent to the Virginia/West Virginia State Line. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 23-A-12 and 23-8-13 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance, concerning the denial of a boundary line adjustment in the Quail Meadows Rural Preservation Subdivision. REASON FOR APPEAL: Please see attached sheet, #'s 9; 10; and 11. STAFF COMMENTS: The final plats for Quail Meadows Rural Preservation Subdivision were approved by the Planning and Development Department on October 2, 2000 and legally recorded by the applicant on October 4, 2000 as evidenced in Deed Book 977, Page 1241. The total area subdivided was 119.43 acres and 14 lots were created including the "preservation tract" which contains 75.01 acres. On August 1, 2001, Marsh and Legge Land Surveyors submitted a preliminary sketch plan on behalf of the owners illustrating a proposal for two boundary line adjustments within the previously platted subdivision. Appeal # 18-01, Marsh & Legge Land Surveyors Page 2 September 17, 2001 The two boundary line adjustments affect the "preservation lot" in the following manner. The area of existing Lot 12 is proposed to be expanded form 2.65 acres to 26.09 acres. A new lot, labeled Lot 15A, will be created from a separate boundary line adjustment between existing Lots 14 and 15 and the "preservation tract." The new lot 15A would contain 4.07 acres, existing Lot 14 would increase in area from 5.08 acres to 5.12 acres, and Lot 15 would decrease in area from 4.72 acres to 2.88 acres. The "preservation tract" would be reduced from the original area of 75.01 acres to an area of 50.00 acres. On August 13, 2001, a written response was provided to Marsh and Legge Land Surveyors which denied the request as submitted. The response cited Chapter 165-54D (1)(c) which does not allow a further subdivision of the parent tract ("preservation tract"). Subsection (c) reads: "No future division of this portion of the parent tract will be permitted." The intent of this subsection is to prevent any further divisions thus permanently preserving the "preservation tract." The proposed revision to the design plan illustrates that a new lot will be created in conjunction with the reduction in area to the "preservation tract." The Zoning Administrator interpreted the wording "this portion of the parent tract" in Subsection (c) to reference the "preservation tract" in a rural preservation subdivision. When a rural preservation subdivision is legally recorded, the Zoning Administrator interprets the word "preservation" to mean a permanent preservation of the "preservation tract." STAFF CONCLUSION FOR SEPTEMBER 25 2001 MEETING: The inability to create a larger lot for marketing purposes or the inability to reduce the area of the "preservation tract" once it is legally recorded does not constitute an undue hardship. Houses have been constructed and other building permits have been issued for the smaller lots in this subdivision. All Rural Preservation subdivisions must follow the same regulations. Furthermore, if this appeal is granted, adjacent properties in this subdivision or other rural preservation subdivisions will lose the assurance that the "preservation tract" will remain permanently preserved, may experience anegative effect on their property values and detract from the reason why the property was purchased initially. Staff is of the opinion that affirmation of the determination of the Zoning Administrator would be justified in this case. Pile: O:\Agendas\BZA\StafTRepon\APPEALS\Quail Meadows.wpd 23 A 8B DCOo 23 AD 8C JOIE 23 B :WALL 23 6 14 BUTLER 23 A 15 INTERSTATE ORCHARD, INC., THE 23 A 17 SHIFFLETT 23 21 23 8 8 MURPHY 670 DUMOND 23 8 16 23 8 2 BUTLER RIGGLEMAN A 15A 23 8 10 RUSSELL DWALL 23 8 11 MCBRIDE 1 OVALL 'SIBERT 21 21 C 12 BUTLER 23 A 15 INTERSTATE ORCHARD, INC., THE 23 A 17 PLOTNER 1 23 21 MURPHY OUVALL 23 8 16 BUTLER A 15A DWALL 23 8 15 ' DUVALL , 23 8 14 669 BUTLER 23 A 15 INTERSTATE ORCHARD, INC., THE 23 A 17 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other x . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Marsh & Legge Land Surveyors NAME: ADDRESS 560 North Loudoun St. ADDRESS: Winchester, Virginia 22601 TELEPHONE: 540/667-0468 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Northeast intersection of Ruebuck Road (Virginia Secondary Route 670) and Rest Church Road (Virginia Secondary Route 669) in Stonewall Magisterial District, adjacent to the Virginia/West Virginia State Line. 4. Magisterial District: Stonewall 5. 14 -Digit Property Identification No.: 23-8-12 and 23-8-13 b. The existing zoning of the property is: RA 7. The existing use of the property is: Residential 8. Adjoining Property: USE ZONING North Residential RA East Residential RA - South _ Residential RA - West Residential RA 9. Describe the decision being appealed. (Attach a copy of the written decision.) SEE ATTACHED SHEET 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) SEE ATTACHED SHEET 11. Additional comments, if any: SRF ATTACHED SHEET APPEAL OF DECISION APPLICATION COUNTY OF FREDERICK, VIRGINIA Owners: Perrin Davis Duvall and Linda May Duvall PIN 23-8-12 and 23-8-13 9. Describe the decision being appealed. We request an appeal to allow for a boundary line adjustment of the Rural Preservation Lot for Quail Meadows Subdivision in Frederick County, Virginia. Currently, the Preservation Lot is 76.09 acres and we would like to adjust this lot to 50.00 acres. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. Appeal being sought to allow for a boundary line adjustment of Residential Lot 12 and Lot 13, the Rural Preservation Lot, to allow Lot 12 to gain additional acreage for marketing purposes. The Rural Preservation Lot does not exceed the 40% Rural Preservation requirement and does meet all of the requirements of the Zoning and Subdivision Ordinances. There is no violation to any setback requirement _or all lots and this boundary line adjustment does not create any non -conforming lots. This appeal is being sought because the Zoning Ordinance requires that any division of a Rural Preservation Lot shall not be permitted. 11. Additional comments: This Rural Preservation Lot subdivision has a total acreage that would yield 24 residential lots plus one Rural Preservation Lot of 47.77 acres. Due to drainfield sites, the subdivision produces an actual density of 16 residential lots and one Rural Preservation Lot, which was created at a size of 76.08 acres. In the original creation of the subdivision, a Rural Preservation Lot was established far and above the 40% requirement. During marketing of the residential lots, the owners found that potential purchasers would like to purchase larger tracts of land, and in order to accomplish this by boundary line adjustment, it is necessary to obtain approval from the Board of Zoning Appeals. The proposed boundary line adjustment does meet all ordinance requirements and does not create any encroachments or non -conforming lots and does not create any new divisions for additional lots. August 13, 2001 Marsh and Legge Land Surveyors, P.L.C. Atten: Scot Marsh 560 North Loudoun Street Winchester, Virginia 22601 RE: Quail Meadows Subdivision- PIN# 23 -A -I2 Dear Scot: COUNTY of FREDERICK Department of Planning and Development CERTIFIED MAIL 540/665-5651 FAX: 5401665-6395 We are in receipt of your letter dated July 26, 2001, which requested a waiver to the subdivision ordinance pertaining to a boundary line adjustment in Quail Meadows. The purpose of this letter is to provide you with a determination regarding the ability to re -subdivide a portion of the Quail Meadows Subdivision. Quail Meadows is an existing Rural Preservation Subdivision containing 15 lots. The final plat was approved by our department on October 2, 2000. The "preservation tract," Lot 13, contains approximately 88.3 acres. Included with the letter,,you submitted a revised subdivision design plan which illustrates the creation of one additional lot within the existing subdivision. The subdivision proposal would cause the "preservation tract" to be reduced to an area of 50.00 acres. The area of existing Lot 12 would increase from 2.67 acres to 26.09 acres. A new lot would also be created from a reduction in area of the original preservation tract and a boundary line adjustment between two other existing lots. The Frederick County Zoning Ordinance, Chapter 165-54D (1) (c), describes the relevant requirement for the "preservation tract" in Rural Preservation Subdivisions. This requirement states that, "No future division of this portion of the parent tract will be.2erm i�d." This requirement of the zoning ordinance will not permit your proposeU su N si—ion/boundary line adjustment which affects the "preservation tract." Boundary line adjustments which involve lots other than the "preservation tract' are permitted so long as remaining lot areas contain a minimum of two acres. You may have the right to appeal this determination 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 XX, Section 165- 144A(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. 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Mr. Scot Marsh, Marsh & Legge Land Surveyors, P.L.C. Re: Quail Meadows Subdivision; PIN 23-A-12 August 13, 2001 If you wish to pursue the appeal, please complete the enclosed Board of Zoning appeals application and return it to this office for processing. The submittal cutoff for the September 19, 2001, BZA meeting is August 24, 2001. Sincerely, PcT,.ejfDu, Patrick T. Davenport Zoning Administrator PTD/bah Enclosure UAPatricklCommon\Quail Meadows detamin.wpd APPEAL OF DECISION APPLICATION COUNTY OF FREDERICK, VIRGINIA Owners: Perrin Davis Duvall and Linda May Duvall PIN 23-8-12 and 23-8-13 12. The following names and addresses are all of the individuals, firms or corporations owning property adjacent to the property for which the appeal of decision is being sought, including properties at the sides, rear and in front of (across street from) the subject property: Property ID No. Owners Owner(s) Address 23 -A -8A Christopher B. and Kelly R. Kilmer 472 Ruebuck Road Clearbrook, VA 22624 23 -A -8B Lindsey Barry and Kimberly S. Dodd 474 Ruebuck Road Clearbrook, VA 22624 23 -A -8C Kimberly Schnabel Dodd 474 Ruebuck Road Clearbrook, VA 22624 23-A-13 Edward L. Jr. and Nancy L. Butler 1333 Rest Church Road Clearbrook, VA 22624 23-A-15 Edward L. Jr. and Nancy L. Butler 1333 Rest Church Road Clearbrook, VA 22624 23 -A -15A William J. and Maureen O. Butler 1309 Rest Church Road Clearbrook, VA 22624 -540-3-4F (No Fre Adrienne L. Schnabel 133 Oak Ridge Lane ber Available) Winchester, VA 22602 23-8-1 Richard D. and Mary A. Jobe 2719 Brucetown Road Clearbrook, VA 22624 23-8-2 B. Michael and Deborah J. Dumond 13 Mucklehaney Lane Sterling, VA 20165 23-8-3 Richard D. and Mary A. Jobe 2719 Brucetown Road Clearbrook, VA 22624 23-8-4 Brian E. and Sandra J. Riis 23-8-5 John R. Morrison 23-8-6 Michael B. and Sharon A. Morgan 23-8-7 Chad A. Shanholtz 23-8-8 Martin O. and Glenda L. Shifflett 23-8-9 Randy T. and Marcia L. Brackbill 23-8-10 Jeffrey B. and Sharon C. Riggleman 23-8-11 L. Marc Russell 23-8-12 thru 16 Perrin Davis and Linda May Duvall 23-2-1-35 James W. and Darlene M. Murphy 23-2-1-36 James I. And Peggy Plower 23-2-1-37 Walter E. Sibert, Jr. 23-2-1-38 Robert M. and Karen E. McBride Orcf Ctr d, ThC . �o. Z 3 L F W roc �.tS�t�r' 27- I l I Chaparal Floresville, TX 78114 -17,fRwe-b ac,< RJ - 44 4WPheffsenV— ' VA (NurrooLz 354 Ruebuck Road Clearbrook, VA 22624 161 Shockeysville Road Winchester, VA 22603 125 Early Drive Winchester, VA 22601 290 Ruebuck Road Clearbrook, VA 22624 252 Ruebuck Road Clearbrook, VA 22624 216 Hunsper Lane Winchester, VA 22603 512 Whitacre Street Winchester, VA 22601 191 Ruebuck Road Clearbrook, VA 22624 201 Ruebuck Road Clearbrook, VA 22624 211 Ruebuck Road Clearbrook, V 22624 221 Ruebuck Road Clearbrook, VA 22624 AGREEMENT APPEAL #� I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretationof 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 hest of my knowledge, true. MARSH & LEGGE LAND SUR S, P.L.C. SIGNATURE OF APPLICANT B G� DATE 08129/01 Scot W. Marsh, L.S. SIGNATURE OF OWNER I if�% DATE 08/29/01 (if other than applicant) P(e�rrin Davis Duval SIGNATURE OF OWNER DATE 08/29/01 _ IL'rr"tea ay lv�l -OFFICE USE ONLY- BZA PUBLIC NEARING OF ACTION: - DATE - APPEAL OVERRULED APPEAL SUSTAINED SIGNED: BZA CHAIRMAN DATE: Fik: K:`.WnC?A"PPLICATIAPPEAL Re,. 1197 *2 i VAMME L SOW -WL W m R: 044 Be STA19ai Nix OMA1E QVaTAidl W. IN 234-17 Q 18 QO20xxez WM RA 1M W4W All DF - wl oPOSW a9. #W7, Zo RUF - PROPOSED Ps>D?W aauxFEID W - PRCPaSED OELL 200 0 200 400 SCALE:: 1' = 200' MARSH & LEGGE tiP NGRT9 _OLix1[1N 5;:2F17 J L A7NCYe571R r7RGIN41 601 ?: 7HCNE IvO1 �b7-0M8 Land Sumyors, P.L.C. FAX lWT 667+N69 E-�fNZ -nllsfusv L- 2 1. BOI DMY WOFNATKN SHORN IS BASED ON AN ACTUAL FM 51AI SURVEY CONRLTE7 UELEIHBER 3 19% 2 CONT RS SHM HEREON WERE DUYUM FROM USGS 75 MW UTE QUADRANGLE VAP. 1 THE RTDPOS:DD MATE MWWAY/NGAD IS NOT HULT ACCOWYNG TO STREET S'EXICATMS OF AM 'AL NOT HE NNNTAM BY THE WMIA UPARTNINT ff TRANSPMTARM OR F� COUNTY. THE IIWROVEIM AND MANTBM(-' CF SAA) UWVENAY/ROAD SHALL BE THE SOLE RESPOCOUTY OF THE ONWJERS ¢ LOTS !NAW ARE REED TATH ACCESS NA THE DRNEOAY/ROAR SAID DRIVEWAY/ROAD ANLL NOT 3E CO iSUM FOR Wa.USION INTO THE STATE SECONDARY SYS" LZU THEY MEET THE APRICAIU CCNSIRUC ION STANDAW S (IF THE WGWA DEPARTMENT CF TWSPCRTATGN. THE COST OF Eit Nac SND OWIENAY/ROAD TO AcaiYTABIE STANDARDS SHALL NOT 9E 9CRNE BY THE 'ARWAA DEPARTMENT CF TRANSTWAIM NOR 9Y FREDO= MINTY. r-raMNARr it 7CA— Y1 7y T7 � m ca�1 Qu -k .77T{ L 11fE,kDc-,Y s JA:E Wu:a'T '. :cm 5,"L,f..S'11 .YA�S;�741L aS.;aG': m3 ; x NA AGJ!W L SMXAUEL OB 562 PG 6344 GT 370 PG 32 N/F MWVE L SOWABEL CO 562 PG 834 (VA) DB 378 PG 72 (" fiW& PAEM--4 MY 1fA4.M4 AC 70TAL x Q4O — 47.718 AC AEOURM 50000 AC PROM" 0=,T,—t&2-ML a 1152.AW4 AC 70TAL / 5 = 24 1075 .'LA:P. UM 171075 PRCP0-'T9 NA DTR375TATE ORCHARD w - TM 23-A-17 h 10 08 202 PG 82 MM RA U!E VACANT 188.87 AM !A{CA LOT 3 %MMMff 49401 ACRES LOT 4 13718 AGVES LOT 5 23120 ACRES LOT 6 22124 AMES LOT 7 20115 AQMS LOT 8 15987 AQ2ES LOT 9 29459 ACIMS LOT 10 24247 ACRES LOT 11 26841 AMES LOT 12 240892 ACES LOT 13 SQ 0008AMESS LOT Y4 51243 ACWS 1OT 15 28737 AGS LOT 15A .17"' ACffT LOT M ..'.-M54 ACZ' 1114e'64 ACA . (70T?L) 200 0 2C0 4CO SCALE: 1` = 200' f R + Land Surie, ors, P.L.Q. 560 NORTH LCUCI UN MEET mNC:+r=-. rIRcaau_sH 211ONfi (40) ,�67--'WN .A 'rJ01 7,?W9 a NWL —W. Nh-.L— > 1. B"DARY WORJATION SFWNM IS BASED ON AN ACTUAL FED RUN SURVEY GMM EfED WmA?FR A IM 2 CQT10UR5 9101!1 HETEON WaE 010M. FROM USS 7.5 MWUTE QUADRANGLE W. S THE FRCPOSD PRIVATE MVMY/RM IS NOT HULT ACCORDING TO SIRFET SFECFMTRWS OF AND 'i@L NOT HE VAINTAWED BY THE VIRGWIA DEPARTMENT ff TRANSWARON GR F R DERIa COUNTY. THE IMPROVEMENT AND MAW704MCE OF SM G8WMY/NOM 91ALL IE M SOLE RESPQI503A1TY OF THE aWM OF LOTS MCH ARE FRDVIOED TMTTT ACCESS Wt THE ORIYFAAY/RDA0. SAID D18VETVIY/ROAD BJIL NOT 8E COMM FOR INCLUSION MID THE STATE S ECMDARY SYM UNTIL RIEY MEET M APPLJfdDLE CONSIRUCRON STANDARDS OF THE W?QMA DMARTMM OF TRANSPORTARGI. THE COST OF i$ MG SAID DI86E:MAYANLU7 TO ACCEPTA1TIE STANDARDS WALL NOT 1£ BMW BY THE VIRGMA DEPARTMENT OF TRARMTATION 14M 3Y FREDEFM COUNTY F.rcfL141NAlrY-91F701 aAN �Wcr8Z1 QUAIL MEADOWS DRAWN.0 Ra °"'E S.' ,rNti .UAMMMAL ar.M'T auaLTr �. �oI ,.� 'iN'rr7L1 n • i • BZA REVIEW DATE: 9/25/01 APPLICATION #17-01 APPEAL OF DECISION BY THE ZONING ADMINISTRATOR CAPON VALLEY BANK LOCATION: The property is located at 6701 Northwestern Pike. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 28 -A -14B and 28 -A -14D PROPERTY ZONING & USE: Zoned: B2 (Business General) District Land Use: Bank ADJOINING PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Agricultural and Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance, concerning the denial of a time and temperature clock in a bank sign. REASON FOR APPEAL: Please see #10 and 11 on the application form. STAFF COMMENTS: On June 6,200 1, the Department ofPlanning and Development received a complaint regarding a sign on the property of Capon Valley Bank which was modified to display the time and temperature. The Capon Valley Bank was cited on June 15, 2001 for having an unapproved sign and also for constructing/making modifications to an existing sign without an approved permit issued by the Inspections Department. The Notice of Violation referenced the unapproved sign as being animated and also included a reference of a failure to obtain a sign permit. On June 18, 2001, the applicant requested a letter of determination from the Zoning Administrator regarding the permissibility of a sign which indicates time and temperature. The response, dated July 2, 2001 indicated that the subject sign is considered animated whether displayed individually or in a tandem fashion and, Capon Valley Bank Appeal Page 2 September 7, 2001 therefore, not allowed under the Zoning Ordinance. Upon realization of an administrative error, another determination letter was sent on August 20, 2001 which correctly referenced the determination of a sign indicating time and temperature as flashing, therefore, not allowed. Chapter 165-4 C of the Frederick County Zoning Ordinance states that "The Zoning Administrator shall have the authority to make interpretations concerning the application of the requirements in this Chapter. Interpretations of the Zoning Administrator may be appealed to the Board of Zoning Appeals." Chapter 165-30, Section A(1), contains the sign regulations pertaining to the types of signs prohibited in all districts. This Section states that animated or flashing signs are among the types of prohibited signs. Webster's New World Dictionary, 3`d Edition, provides a relevant definition of flash as an intransitive verb: "To send out or reflect a sudden, briefblaze or light, especially at intervals." A sign indicating time and temperature creates a flashing presence merely by the evolution of time and temperature itself and flashing also occurs if the time and temperature data alternates. The New Illustrated Book of Development Definitions by Moskowitz and Lindbloom defines a flashing sign as: "Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever." Under 165-4C, the Zoning Administrator used these definitions to make a clear interpretation which established a sign indicating time and temperature is considered flashing. The strict application of the zoning ordinance would not produce an undue hardship due to the fact that no relationship between a decrease in customer base and the lack of a time and temperature sign. As evidenced by the aforementioned complaint, a flashing sign is a detriment to the surrounding areas. In a rural area where the subj ectproperty is located, flashing signs exhibit an annoying light glare and also detract from the character of the surrounding area. Furthermore, flashing signs are also a distraction for motorists whose attention may be directed away from the road for more than a safe period of time to read the displayed information. STAFF CONCLUSION FOR SEPTEMBER 25, 2001 MEETING: The application of the Zoning Ordinance in this case does not produce an undue hardship, nor is the use of a flashing sign commonplace for other properties in the same zoning district and the same vicinity. Approval of this request would be of detriment to adjacent properties and the character of the district. Affirmation of the determination of the Zoning Administrator would be justified in this case. File: O:\Agendas\BZA\Staff Report\APPEALS\CaponValleyBank.wpd ANDERSON 28 A 15 UNEBERQ UNESERG - -- ANDERSON 28 A 13 28 A 12...- to ANDERSON ` 28 A _._. 28 A 14E 14 "• PI( 50 00 � ! ` 28 A 127 � ! ANDERSON 28 A 14 -.. 13RYANT . 11 28 A 63C ` 1 ` 0- ANDERSON 28 A 125A 13RYANT 1 ` ` 28 A 83D 50 Y / i LA -A 14B AP111#17 - 01 Location Map For: Capon Valley Bank PIN: 28 -A -14B 28 -A -14D Dept. of Planning and Development, 01, Agray FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 20, 2001 CERTIFIED MAIL Mr. Allen Brill P.O. Box 119 Wardensville, WV 26851 RE: 6701 Northwestern Pike; Property Identification Number (PIN): 28-A-1413; Zoning District: B2 (Business General) Dear Mr. Brill: We have received your letter dated, June 18, 2001 in which you requested this office provide a determination regarding the permissibility of a sign that indicates time and/or temperature. A sign which displays information that changes, such as time and temperature, whether indicated individually or in a tandem fashion, is considered flashing. In accordance with Section 165-30(A) of the Frederick County Zoning Ordinance, animated or flashing signs are prohibited in all zoning districts. Therefore, the presence of animated or flashing signs are not permitted under the Frederick County Zoning Ordinance. 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 XX, Section 165-144A(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. You have submitted to this office an appeal application and the BZA date is September 18, 2001. This office had to modify its determination and violation notice to include flashing as set forth in the zoning ordinance. If you wish to proceed with the September 18, 2001 BZA meeting, please contact this office in writing so a modification can be made to your application to reflect this change. If no correspondence is received by August 24, 2001, you will have to appeal in accordance with Section 15.2-2311 Code of Virginia and Article XX, Section 156-144A(l) of the Frederick County Zoning Ordinance. Sincerely, d�i' �� CU Patrick T. Davenport Zoning Administrator PTD/rsa cc: Clinton R. Ritter, Esq. 107 North Kent Street • Winchester, Virginia 22601-5000 n _ toCCAIPLETE THIS SFCTJOIVrUPLETE THIS S�ECTIGN ON DELIVERY i ■ Complete mems 1, 2, and 3. Also complete A Received by (Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. Sl re :, . ■ Attach this card to the back of the mailpiece, XA 13 Agent `. j or on the front if space permits. ❑ Addressee 1. Article Addressed to: D. Is delivery em 1? ❑ Yes ' ff YES, leery ❑ No T '{� � MR. ALLEN Bay za/i/ t 2001 j P.O. BOX 119 pU6 2 1 WARDENSVILLE, WV 26851 3. Service r /J Z PTD 8/20/01 _ XXCertified Mair fpress Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Exba Fee) p Yes 2 Article Number (Copy frwn service /abeo 7000 1670 0012 9296 1627 Ps Form 3811, July 1%9 Domestic Return Receipt z.. 102595 -00-M-0952 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA -0FFICE US ONLY- �-JED AUG 1 6 2001 =p,� �r �� nninq�ir:��F�IFI (�PMENT MUST 13E TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner X other 2. APPLICANT: NAME: The Capon Valley Bank ADDRESS P.O. Box 124 Gore, VA 22637 TELEPHONE: 540-858-3010 . (Check one) OCCUPANT: (if different) NAME: The Capon Valley Bank ADDRESS: P.O. Box 124 Gore, VA 22637 TELEPHONE: 540-858-3010 3. The property is located at (give exact directions and include State Route numbers): Located on the south side of U.S. Route 50, West of Winchester, Gore Virginia, Back Creek Magisterial District of Frederick County � 70 l P4 yj e5 r P\ PC ye., 4. Magisterial District: Back Creek 5. I4 -Digit Property Identification No., 28000OA000014B & 28000OA000014D f Submittal Deadline n �{}Iication 4�S ipW + ' dor the meeting of 'Subnuytfal Rafe - s , x 1 �u� i J � y] MUST 13E TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner X other 2. APPLICANT: NAME: The Capon Valley Bank ADDRESS P.O. Box 124 Gore, VA 22637 TELEPHONE: 540-858-3010 . (Check one) OCCUPANT: (if different) NAME: The Capon Valley Bank ADDRESS: P.O. Box 124 Gore, VA 22637 TELEPHONE: 540-858-3010 3. The property is located at (give exact directions and include State Route numbers): Located on the south side of U.S. Route 50, West of Winchester, Gore Virginia, Back Creek Magisterial District of Frederick County � 70 l P4 yj e5 r P\ PC ye., 4. Magisterial District: Back Creek 5. I4 -Digit Property Identification No., 28000OA000014B & 28000OA000014D 6. The existing zoning of the property is: I. The existing use of uie property is: a. Adjoining Property. USE Rural Area North AlZri cni t,,, al East " South of West it B-2 Bank RA RA RA RA 9. Describe the decision being appealed. (Attach a copy of the written decision.) Denying the use of a time & temperature clock with Bank Sign. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) First we believe the ordinance may be void for vagueness. Second and most important we do not believe that a time and temperature clock meets the definition of a animated sign as set forth in the county code. 11. Additional comments, if any: The bank simply, as a matter of courtesy and appreciation for its customer's business is trying to give the "Time of Day". 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 praperty. (Usi� additional pages if necessary.) These people will he notified by mail of this application: (Please list eomptete 14 -di it property identification number.) NAME Kenneth L. & Ruth B. Address 6640 NW Pike, Gore Va 22637 Lineberg Property ID # 28000OA0000130 Arthur Lynd all & Betty K. Address P.O. Box 8, Gore, Va 22637 Anderson Property ID # 28000OA0001125 Arthur Lynd all & Betty K. .Address P.O. Box 8, Gore, Va 22637 Anderson Property ID # 28000OA0000140 Arthur Lynd all & Betty K. Anderson .Address P.O. Box 8, Gore, Va 22637 Property ID # 28000OA000014E Address 6757 NW Pike, Gore Va 22637 Arthur J. Anderson, Jr. Property ID # 280000A0001125A Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # AGREEMENT APPEAL # I (we), the undersigned; do hereby respectfully Petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretationof 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. The Capon Valley Bank SIGNATURE OF APPLICANT — DATE X K6 Duly Authorized Officer SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF ? ^ / Ol ACTION_ - DATE - APPEAL OVERRULED APPEAL SUSTAINED Filr: R:1WP',CM1NAPPLICArAPPEAL 11" 1197 SIGNED: BZA CHAIRMAN DATE: j �1_Ila-13-2001 13 — 15406621038 P. 02 "EXHIBIT 1" i COUNTY of FREE DERICJ� Department of Planning and Development` 540/665-5651] FAX: 540/665.6395 CERTIMD MAIL July 17, 2001 Allen L. Bnll, President and CEO Capon Valley Bank -..0. Box.119• - Wardensville; W 126851 RE: 6701 Northwestern Pike; Property Identification Number (PIN): 2&A -14B Zoning District: B2 (Business General) 10.E,� We have received your letter dated, June 18, 2001 requesting a determination regarding the allowance of a sign that indicates time and/or temperature. Our previous two letters to you, dated June 7, 2001 and June 15, 2001, cited the incorrect section of the Frederick County Zoning Ordinance, therefore, this letter supersedes all previous letters on this matter regarding the violation on the above -referenced property and will be your official notice of a viotation of an unapproved animated sign. A sign which displays changing information, such as time and temperature, whether indicated individually or in a tandem fashion, is considered animated. In accordance with Section 165-30(A) (1) of the Frederick County Zoning Ordinance, animated signs are prohibited in all zoning districts. Furdwrnore, there is also no record of a sign permit issued by the Frederick County Building Official at this property. Therefore, the presence of this aminated sign constitutes a violation of the Frederick County Zoning Ordinance. This offico will allow thirty (30) days from receipt of this letter to resolve this violation. Specifically, such resolution may be accomplished by the inurkxhate removal or modification of the animated sign from the subject property. You must also apply for a permit for an approved business sign, if you wish to keep aro modify the existing sign_ Failure to comply with the Frederick County Zoning Ordirwnce will result in a crirninal'complaint being filed against you. You may have the right to appeal this notice of violation within thirty (30) days of the date of this letter in accordance with Secticrn 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 Arlrninistrator and the Board of Zoning Appeals (BZA) in accordance with Article XX, Section 165- 141A(1) of the Frederick County Zoning Ordinance. This provision requires the submission of an application fora, a written statement setting forth the decision being appealed, the date of decision, the grounds for the 107 North Kent Street - Winchester, Virginia 22601-5000 AUG -13-2001 13:03 FROM CAPON"ALLEY BANK Page 2 Allen L.,Brill, President & CEO, Capon Valley Bank Re= 6701 Northwestern Pike July 17, 2001 TO 15406621038 P.03 appeal, how the appeilant 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 do not hesitate to contact the regarding any questions that you may have at (540) 665-5651. Bran Planner I MRC/rsa U.• WarkKv481Capo»_wpd TOTAL P.03 g9 01000560" "EXHIBIT 2" �i O N D—R_ /J , THIS DEED, made and dated this �� delay of May, 2001, by and between BAR13ARA A. SELDON, party of the first part, hereinafter called Grantor, and THE CAPON VALLEY BANK, a banking institution, party of the second part, hereinafter called Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty and English Covenants of Title unto the Grantee, in fee simple, all those certain lots or parcels land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the Southern side of U.S. Route 50, and more particularly described as follows: PARCEL ONE: All of that certain lot or parcel of land, containing 3.18644 acres, and being more particularly described by that certain plat drawn by Charles H. Kirkland, C.L.S., dated January 8, 1974, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 427, at Page 634. PARCEL TWO: All of that certain lot or parcel of land, containing 3.11393 acres, amd being more particularly described by that certain plat drawn by Charles H. Kirkland, C.L.S., dated April 9, 1976, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 485, at Page 575. Parcel One and Parcel Two are the same parcels of real estate conveyed unto Barbara A. Seldon by Deed dated the 30th day of January, 2001 from F & M Bank -Winchester, a banking institution, of record in the aforesaid Clerk's Office as ','EXHIBIT 311 14 1'14A <> 14C cr E\ 17 15 14 \-K \16 14B .............. \14D 621 63A r�D ... . . . ..... 12 5 63C 61 1, 7 24 6 3 D 54 15 6 ' Lu 5 T 5 8 ..... ...... COS Lane I B 55 F 1 9 L --J 128 �v "EXHIBIT 4" ALLEY "EXHIBIT 5" Computer Assisted Enter Criteria: Parcel Master 'ss Re -Appraisal File Search FREDERICK CO Record/Dwelling No.: 0 0 - "EXHIBIT 6" -- Name: (last name first ) Account: 0 Map: 28000OA0000130 (must be spaced correctly) Mm dD B Ls Parcel Location: 0 House# _ Direct Street Name Type Direct Op Name Acreage Map # Rec # DW OC -C _ SPRINGMANN, MICHAEL J 11.72 28 A 117A 0005222 01 1 � Y _ MARKS, CHARLES L 45.03 28 A 119 0005225 01 16 Y _ POTOMAC APPALACHIAN 23.44 28 A 119A 0005224 01 15 Y _ PLUMLY, ANNA CARMELITA 136.50 28 A 120 0005226 01 15 Y _ LUTTRELL, PAUL R 24.42 28 A 121 0005227 01 IS -::y _ LEIGHT, JOHN MAX & JOANN G 90.00 28 A 122 0005228 01 1j Y _ SMITH, W. E. EST. 203.23 28 A 123 0005229 01 1 Y _ ORNDORFF, JAMES H. .75 28 A 124 0005230 01 1& Y _ ANDERSON, ARTHUR LYNDALL & B 14.85 28 A 125 0005231 01 H Y _ ANDERSON, ARTHUR L. JR. 2.17 28 A 125A 0032056 01 21 Y _ DUNLAP, DANIEL B JR & DEBRA .42 28 A 126 0005232 01 10 + Enter: Any Char=view Detail P=CFS F3 Cancel I Computer Assisted Mass Re -Appraisal Enter Criteria: Parcel Master File Search Record/Dwelling No.: 0 0 Name: Account: Map: Parcel Location: 0 28000OA0000130 Mm dD B Ls 0 FREDERICK CO (last name 'first) (must be spaced correctly) House# Direct Street Name Op Name Acreage Map # _ LINEBERG, KENNETH L. & RUTH .33 28 A _ LINEBERG, KENNETH L. & RUTH .33 28 A _ ANDERSON, ARTHUR LYNDALL & B 108.62 28 A _ WHITACRE, ROBERT G. 3.00 28 A _ THE CAPON VALLEY BANK 3.19 28 A _ SPAID, PAMELA ANDERSON 3.32 28 A _ THE CAPON VALLEY BANK 3.11 28 A _ ANDERSON, ARTHUR LYNDALL & B 1.62 28 A _ ANDERSON, ARLAN IVON & MARY 1.24 28 A _ ANDERSON, ARLAN I & MARY N 1.34 28 A _ BRILL, CHARLES THRUSHIE JR 5.87 28 A Enter: Any Char=View Detail P=CFS F3 Cancel 12 13 14 14A 14B 14C 14D 14E 15 16 17 Type Direct Rec # DW OC C 0005113 01 10 Y 0005114 01 10 Y 0005120 01 10 Y 0005115 01 10 Y 0005116 01 13 Y 0005117 01 10 Y 0005118 01 15 Y 0005119 01 10 Y 0005121 01 15 Y 0005122 01 10 Y 0005123 01 10 +