HomeMy WebLinkAbout019-79 Bowman Trucking Company - Storage Tank Installation - App - BackfileV�N\
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LAYMENCE R. A� BROG1
COMMONWEALTH Al TORNEY
DAVID S. WHITACRE
ASSISTANT COMMONWEALTH ATTORNEY
GLENN R. `,YILLIAMSON
ASSISTANI COMMONWEALTH ATTORNEY
Ort--rci•: Or
ATf0�ti\L:Y
321 S. LOUDOUN STREET W I^:CHESTE.R, VIFIGSINU 22501
August 16, 1979
Mrs. Dorothea L. Stefen
Acting Director
Frederick County Department of
Planning and Development
Post Office Box 601
Winchester, Virginia 22601
Re: Bowman Trucking Company
Storage Tank on M-2 Parcel
Dear Mrs. Stefen:
Mr. Tisinger of Harrison & Johnston, Attorneys at Law, represents Fo.�man
Trucking Company, and he has conferred with me concerning the -insL�.11ation of
a tank designed to hold diesel fuel for this company's trucks, on their property
west of Stephens City, on Route 277. It is my undnrstanding that the lard :is
currently zoned, and has been for some time, M--2.
Mr. Tisinger advises that Bo1,:TLlan Trucking Company had ap ,)roximatcly the same
tank capacity located on the property underground for .o r ccjnsidt-ruble period
of time, but that the underground tar-ics have deteriorated to a point where they
have to be replaced. Borman Trucking Company , I am advised, in*Lc: ncl.> to replace
the underground tank storage with the installation of a tank above the ground
in order to lengthen the 11Ee of the tank- ,,, licil, I llilc cc =:ts a colr-
siderable amount of money.
Mr. Tisinger further advises that ther,2 is solii? ques'Llon al,out '..hc•.ther a
conditional use permit would be required under the M-2 Section of t_be Frederick
County Zoning Ordinance. after some consido.rable research, Lt i:; .ny opinion
that, since the use is the same --the only d-L[ference being in the ,,tauaor (i.e..,
an aboveground storage tank, rather than an uncut(.round storage t.an%)---Section
21-128 (A) would not be applicab"L!, but rather, that this in tallr:tion be treated
&No oig'-79
Mrs. Dorothea L. Stefen
August 16, 1979
Page - 2 -
in the same manner as a replacement under the Nonconforming Use Section of
the Frederick County Zoning Ordinance. Accordingly, it is my opinion that
a building permit may issue upon proper application.
The installation, of course, must be built in accordance with all other ap-
plicable regulations and ordinances.
Sincerely,
Lawrence R. Ambrogi
County Commonwealth Attorney
LRA:cps
cc: Billy J. Tisinger, Esquire