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Home My WebLink About06-06 ApplicationAPPEAL APPLICATION #06 -06 PIERCE HARDY Staff Report for the Board of Zoning Appeals Prepared: May 1, 2006 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. North: East: South: West: BOARD OF ZONING APPEALS HEARING DATE: May 16, 2006 Pending LOCATION: Route 11 South on Yardmaster Court MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 44- A -75 -13 PROPERTY ZONING USE: Zone: Land Use: ADJOINING PROPERTY ZONING USE: Zone RA (Rural Areas) Zone B3 (Industrial Transition Business) Zone B3 (Industrial Transition Business) Zone B3 (Industrial Transition Business) B3 (Industrial Transition Business) District Retail Lumber Yard Land Use: Undeveloped Land Use: Undeveloped Land Use: Undeveloped Land Use: Undeveloped APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165 -30 Signs, G- Height and H(1) Size. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to the square footage and height of their sign. Appeal Application #06 -06, Pierce Hardy May 1, 2005 Page 2 STAFF COMMENTS: The applicant is appealing the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance with regards to Section 165 -30 G of the Frederick County Zoning Ordinance. This section of the ordinance regulates signage height in its zoning districts. Signage height in the B -3 (Industrial Transition) Zoning District is not allowed to exceed thirty -five (35) feet in height. The applicant submitted a sign permit with a sign at sixty (60) feet in height. This proposed signage exceeds the allowed sign height in the B -3 Zoning District. The applicant also applied on the same sign permit for a sign to exceed 150 sq. ft. in area. Section 165 -30 H(1) of the Frederick County Zoning Ordinance allows for franchise signage to be 150 sq. ft. in size. The applicant submitted a sign with an area of 200 sq. ft. This sign exceeds the maximum sign area for a franchise sign. It is important to note that in 1997 the County did study and ultimately adopt an ordinance establishing the TA Interstate Area overlay district to enable larger signs (height's and display face sizes) at appropriate locations. These locations deemed appropriate for the larger signs were further identified and designated to be adjacent to I -81 interchanges. As the subject site of this BZA appeal is not adjacent to an interstate interchange, nor does the site have direct vehicular access to the interstate, the IA district sign regulations do not apply. As such, the County Ordinance, which is based on previous studies on visibility and traffic speeds, would not permit the larger sign as sought by the appellant. STAFF CONCLUSIONS FOR THE MAY 16, 2006 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165 -30G and H(1) regarding height and sign area for signage that is not permitted in Frederick County. PAYNE, GARY L PAMELA L 44 75B HARDY'MANAGEMENT:COMPANY;LLC 44 A 75 THE ADAMS DEVELOPMENT GROUP, INC 44 A 3 131 (Business,.Neighborhsed District) e B2 (Business, General District) B3 (Business, Industrial Transition Dstrict) EM (Extractive Manufacturing District) HE (Higher Education District) 1.11 (Industrial, L'ghl District) Q M2 (Industrial, General District) MH1 (Mobile Home Community District) M5 (Medical Support District) R4 (Residential. Planned Community District) R5 (Residential Recreational Community District Q RA (Rural Areas DWG) O RP (Residential Performance District) Feel 44 A 77 ORNDOFF;.CHARLES W. 1 Appeal 06 06 Pierce Hardy (44 A 75B D 125 250 500 44 A 3 AYNE, GARY L PAMELA L Map Features n a Cont. nos Q 51 (Business, Neighborhood District) MS (Medical Supped District) Q B2 (Business, General District Q R4 (Residential, Planned Community District) BB (Business, Indus trial Transition Oistric0 05 (Residential Recreational Community District EM (Extractive Manufacturing District Q RA(RUral Areas District 4 HE (Higher Education District Q RP (Residential Performance District) 01 (Indusbial. Mghl0ishict) Q M2 (Industrial. General Dist0ct) MH1 (Mobile Home Community OmlricU 0 125 250 Feet 44 A 77 ORNDOFF;CHARLES W. 1 Appeal 06 06 Pierce Hardy (44 A 75B) \*L 500 Zoning B2 HARDY MANAGE MENT.COMPANY¢LLC 44 A 75 THE ADAMS DEVELOPMENT GROUP, INC. 44 A 3 PAYNE, GARY L PAMELA L Map Features fft assns. Road C.O./ass r.nn BI (Business. Neighborhood District) B2 (Business. General District) B3(Businsas, IndUStdai Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) Mt (Industrial, Light Dkbict) p M2 (Industrial, General District) MH1 (Mobile Homo Community District) MS (Medkal Support District) R4 (Residential, Planned Community Dlabkt) R5 (Residential Recreational Community District) Q RA (Rural Areas District) Q RP (Residential Performance District) Appeal 06 06 Pierce Hardy (44 A 75B t 125 250 500 Feel Z c 4 c HARDY AiT C 44 A HE ADAMS DEVELOPMENT Map Features sum No• ®wa+«r. R C e Rom mn o aa fi r. 0" n an Q B1 (Business, Neighborhood District) MS (Medkal Seaped Dishkl) O B2 (Business, General Diablo) RI (Residential. Planned Community Diahict) B3 (Business, Industrial Transition District) R5 (Residential Recreational Community Millet) EM (Mara bie Manulachalna District) 0 RA (Rural Areas District HE (Higher Education DIstrkt) Q RP(Resldenlinl Performance District) M1 (Industrial, Light District) Q M2 (Industrial, General District) 14111 (Mobile Home Community Dlshld) Appeal 06 06 Pierce Hardy (44 A 75B 0 125 250 Feel 500 165 -30 ZONING 165 -30 the separation between the two signs was reduced from the required 50 feet. G. Height. No sign shall exceed the maximum height requirement for the zoning district in which they are located. Business signs located in the RA (Rural Areas) Zoning District shall not exceed 10 feet in height. All signs other than business signs shall be no more than 10 feet in height. No freestanding business entrance sign shall exceed five feet in height. [Amended 12 14 2005] H. Size. The following restrictions shall apply to the size of signs: a No business sign or directional sign shall exceed 100 square feet in area. Standardized franchise signs may exceed 100 square feet in area, but shall not exceed 150 square feet in area. In the B -1 (Neighborhood Business) District and the RA (Rural Areas) Zoning District, no business sign or directional sign shall exceed 50 square feet in area. [Amended 12 2005] (2) Cottage occupation signs shall not exceed four square feet in area. (3) Wall- mounted business signs in the B2 Business General, the B3 Industrial Transition, M1 Light Industrial, the M2 Industrial General or the MS Medical Support Districts shall be permitted to encompass 20% of the area of the wall to which the sign is attached, provided that the total area of the wall- mounted business sign does not exceed 200 square feet. [Amended 9 (4) No freestanding building entrance sign shall exceed four square feet in area. I. Maintenance. All signs shall be maintained in a state of good repair. Signs that are damaged, structurally unsound or poorly maintained shall be repaired or removed within 30 days. (1) If an off premises sign advertises a business or activity that is no longer being operated or conducted or if a directional sign refers to a location where the advertised activities no longer exist, that sign shall be considered to be abandoned and shall be removed by the owner within 30 days. 16549 02 10 2006 HAND DELIVERED March 24, 2006 Mr. Dave Eicher Pierce Hardy Limited Partnership 1019 Route 519, Building #5 Eighty -Four, PA 15330 Dear Mr. Eicher: 2. RE: Zoning Determination of Proposed Signage (84 Lumber) Property Identification Number (s) (PIN): 44 -A -75A Zoning District: B -3 (Industrial Transition) 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 This letter is in response to your correspondence dated February 9, 2006, and updated on March 24, 2006, to the Zoning Administrator requesting a zoning determination on signage on the above referenced property. In the correspondence, you indicated the size, number, and square footage of signage proposed for this site. 1. The sign you identified as sign 1 in your correspondence is allowed under the Frederick County Zoning Ordinance. The sign(s) you identified as sign(s) 2 3, exceed the square footage indicted in the Frederick County Zoning Ordinance. Wall mounted signs may encompass 20% of the wall area provided the sign does not exceed 200 square feet. Therefore, the wall- mounted sign submitted with sign permit 2945 can not be approved. The total square feet of the wall mounted sign is 338 square feet. 3. The sign that you want to locate along Interstate 81 exceeds the square footage allowed by the Frederick County Zoning Ordinance, franchise signs will not exceed 150 square feet in area. This proposed sign is 200 square feet and is not allowed. Height of any signs in this_zoning district shall not exceed 35 feet in height. The proposed freestanding of50 feet is not allowed. You may have the right to appeal this zoning 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 Page 2 Mr. Dave Eicher Re: Zoning Determination of Proposed Signage (84 Lumber) March 24, 2006 must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165- 155A(1) of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, written statement setting forth the decision being appealed, 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 $300.00 filing. fee ($250.00 filing fee and $50.00 refundable sign deposit). Once the appeal application is accepted, it will he scheduled for public hearing and decision before the BZA. Contact me regarding any questions you may have at (540) 665 -5651. Sincerely. N ark R. Cheran Zoning Administrator cc: The Adams Development Group, Inc. HC 34 Box 30 Bloomery, WV 26817 MRCidlw APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA ali iri ttaltDeadlii e or themee of MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner other (Check one) 2. APPLICANT:: OCCUPANT: (if different) NAME: I iefOE lQfD J 1 NAME: ADDRESS ,oii Rouft S7q 45- ADDRESS: E,'ghly Four, PA 1633o TELEPHONE: (729) alt 363' TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): SoLfill on N. rail Srreet Turn gihi an (od Street j TL(n Ld7- ottfio u$- it 5; Turn 04, )'A,dk4St€v (ou�fi 4. Magisterial District: Slbhewall 5. Property Identification No.: y y A 75 8 8. Adjoining Property: North East South West 6. The existing zoning of the property is: 63 USE 11. Additional comments, if any: RA E3 13 7. The existing use of the property is: kela,1 Lwrllkf %4 ZONING 9. Describe the decision being appealed. (Attach a copy of the written decision.) WP Are yptalinij lit deUSion deny aeitamJ o/ a ce 51471 ide s y uc' 0 f60poww) /1ri� d 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) �asc� on ��r A we IC aA) 6 /I) 51)11 litw' n¢ of 35 At )1mve%( it we rld a 444,2vkfur) 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 list elms Oe✓elepi?i#6eovp,7 Address L'oiiwy WY f` I Property ID 1/315-6172,5,90 p 014rles U. O, l Address SThf/tnsan, 01 Property ID (0265 V eboJ A A. f� It)/,)I1, Address AM Y) (171 Property ID 7335155C74/6 Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID 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 I (we), the undersigned, do hereby respectfully petition the Frederick County Board ofZoning 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 SIGNATURE OF OWNER (if other than applicant) OFFIICE USE ONLY BZA PUBLIC HEARING OF 16 io ACTION: AT APPEAL OVERRULED APPEAL SUSTAINED SIGN File. O U.and Use Applications\ Application Fonns'APPFAL Revised' 01 /14/03 AGREEMENT APPEAL b DATE BZA CH DATE: 1 (P' 0 y DATE 5h°4" 014'-0" SIGN CAE CONNECTIO BY 16" 6x.375 WALL PIPE �35 KSI MIN. YIELD STRESS COLUMN -ELEVATION 28' -6" ABOVE GR SEE INSERT DETAIL B 7 20 "0x.312 WALL PIPE 50 KSI MIN. YIELD STRESS COLUMN GRADE C L