HomeMy WebLinkAbout17-01 Capon Valley Bank - Back Creek - BackfileI
BOARD OF ZONING APPEALS
Appeal of Decision by Zoning Administrator
Date:
File opened
Reference Manual updated/number assigned
VD-base updated
✓ 1 black & white location map requested from GIS
Two sets of labels requested from Data Processing
5, AO- U 1 File given to Renee' to update Application Action Summary
-a6/ed uhfi/ No ✓ Z0, .2001
MEETING DATE: _ FINAL ACTION: APPROWT)
CLOSE OUT FILE:
(( Approval (or denial) letter mailed to applicant/copy made for file
File stamped "approved", "denied" or "withdrawn"
✓ Reference Manual updated
D-base updated
File given to Renee' for final update to Application Action Summary
f 50,
U.\Carol\Common\Appeal_trk. wpd
Revised 11/30/00
• Date161 002313
Received From
Address
ws
,I ffar/s
For
-a
AMT OF .� CASH
ACCOUNT t
AMT. PAID _ CHECK
BALANCE MONEY
DUE ::.." ORDER
CAPO VALLEY
- "EXHIBIT 4"
- "EXHIBIT 5"
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
MEMORANDUM
TO: Finance Department
FROM: Karen A. Cain, Office Assistant II
SUBJECT: Return Of Sign Deposit
DATE • November 29, 2001
The amount of $50.00 was deposited in line item 4f3-010-019110-0008 for the business named below
as a deposit far a sign for Board of Zoning Appeals Application 417-01. They have now returned
the sign and are therefore entitled to the return of.their deposit. You may pay this through the regular
bill cycle. '*
Please send a check in the amount of $50.00 to:
The Capon Valley Bank
P.O. Box 124
Clore, VA 22637
RSA/kac
IJIITOa DEIRI���
IC epart:naen' of 1t 1mining a:�ad De��el€.p neat
IWO/665-5651
MEMORA -UM
M. Finance Department
Karen A. Cain, Office Assistant II
SUBJECT Return of Sign Deposit
DATE: November 29, 2001
The amount of $50.00 was deposited in line item#3-010- Application #17-01r the
business
ey nnamed below
as a deposit for a sage for Board of Zoning .Appeals this through the regular
the sign and are therefore entitled to the return of their deposit. You array pay
hill cycle.
Please send a check in the amount of $50.00 to:
The Capon Valley Dank
P.O. Box 124
Gore, VA 22637
SA./kac
6, 6 FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
November 21, 2001
Capon Valley Bank
Mr. Allen Brill, President
P.O. Box 119
Wardensville WV 26851
RE: APPEAL APPLICATION #17-01 OF THE CAPON VALLEY BANK
Property Identification Numbers 28-A-14B and 8-A-141)
Dear Mr. Brill:
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their
meeting on November 20, 2001.
The Board of Zoning Appeals voted to sustain your appeal in regard to the denial of a time and
temperature clock in a bank sign.
If you have any questions regarding the approval of this appeal, please feel free to call this office.
Sincerely,
fa414 -(&4141�
Patrick T. Davenport
Zoning Administrator
PTD/ch
cc: Clinton Ritter, Attorney at Law
Building Inspections
Jane Anderson, Real Estate
107 North Kent Street • Winchester, Virginia 22601-5000
BZA REVIEW DATE: 9/25/01 (tabled); 11/20/01
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-1413 and 28-A-141)
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, 2001, the Department of Planning 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 offlash as an intransitive
verb: "To send out or reflect a sudden, brief blaze 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 subject property 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.
STAFF REPORT ADDENDUM - November 7, 2001
On October 23, 2001, staff visited the subject site and observed the sign and its function of displaying
time and temperature, which is the issue in this appeal. The time and temperature data was displayed
in 15-second alternating increments. The Zoning Administrator's determination remains identical as
Capon Valley Bank Appeal
Page 3
September 7, 2001
the previous; that this time and increment or any other incremental period is considered flashing. For
the Board Members' information, please find attached a specification sheet provided by the sign
manufacturer, which details available increments of data display possibilities.
O: Agendas\BZA\Staff Report\APPEAMCaponValleyBank.wpd
Meridian® Series Installation and Operating Manual Operation
Switch 2: Display Information
Set this switch to select the type of information to display on the sign.
Switch Position
Type of Information Displayed
0
Time (12 hour), Temperature
(°F)
1
Time (12 hour), Temperature
(°C)
2
Time (12 hour), Temperature
(°F), Temperature (°C)
3
Time (12 hour) Only
4
Temperature (°F) Only
5
Temperature (°C) Only
6*
Time (12 hour), Temperature
(°F), Date
7*
Time (12 hour), Temperature
(°F), Temperature (°C), Date
8*
Time (12 hour), Date
9*
Date Only
A**
Time (24 hour), Temperature
(°F)
B**
Time (24 hour), Temperature
(°C)
C**
Time (24 hour), Temperature
(°F), Temperature (°C)
D**
Time (24 hour) Only
E**
Time (24 hour), Temperature
(°F), Date
F**
Time (24 hour), Temperature (°C), Date
* Note: The date can be displayed only if the GPS time keeping option is installed.
* * Note: 24 hour time display is available only if this option installed.
Switc�HoldTime
oh of time that a particular kind of information will be displayed on the sign.
For example, with a hold time of 2 the sign may display the time for 2 seconds, display the temperature
for 2 seconds, then display the time again. Note that if only one type of information is selected by switch
2, the hold time determines how often the information on the sign will be updated.
Switch Position
Hold Time (Seconds)
0
2
1
4
2
6
3
8
4
10
5
12
IS
20
7
8
25
9
30'
A
35
B
40
C
45
D
50
E
55
F
60
Page 20
A DERSON
28 A 15
A DERSDN
ANDERSCN
28 A 14E
28 A 14
��eRt
TF :CAPCNl
26 A 148
g1,OpZSGN
TtE GAPQV VALLEY a"
28 A 14
A SAD /
BRYANI
] c \ 1 A DERSON
2B A 125A
BRYANf
28 A 63D
1111
UNEBERG W"ERG
28 A 13 28 A 12
DMM
28 A 12!"
28 A 127
�_A
28 A 14B
28 A 14D
APP#17 01
Location Map For:
Capon Valley Bank
PIN:
28-A-14B
28-A-14D
Dept. of Planning and Development, 08/01, Agray
E
• FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 665-6395
August 20, 2001
Mr. Allen Brill
P.O: Box 119
Wardensville, WV 26851
CERTIFIED MAIL
RE: 6701 Northwestern Pike; Property Identification Number (PIN): 28-A-14B;
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 fetter 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(1) of the Frederick County Zoning Ordinance.
Sincerely,
Patrick T. Davenport
Zoning Administrator
PTD/rsa
cc: Clinton R. Ritter, Esq.
107 North Kent Street - Winchester, Virginia 22601-5000
1
SENDER: COMPLETE THIS SECTION
I
COMPLETE
THIS SECTION ON DELIVERY
■ Complete items 1, 2, and 3. Also complete
A. Received by (Please Print Clearly)
B. Date of Delivery
1 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. Sign re
■ Attach this card to the back of the mailpiece,
X
❑Agent
or on the front if space permits.
❑ Addressee
D. Is delivery7add
1?
❑Yes
1. Article Addressed to:
If YES,
:
❑ No
MR. ALLEN BRILL
PO. Bog 119p
j WARDENSVILLE, WV 26851
3. Service Ty
PM 8/20/01 XICertified M.-,1 press Maii
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from service label)
7000 1670 0012 9296 1627
PS Form 3811, July 1999 Domestic Return Receipt
102595-00-M-0952
•
APPLICATION FOR APPEAL
IN THE
COUNTY OF FREDERICK, VIRGINIA
-OFFICE USE ONLY-
AUG 1 6 2001
eu r�r s� Ak1N11k1n!nPvPj OPMEN7
MUST BE TYPED R 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: 540-8 58-3010
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
4. Magisterial District
Back Creek
5. 14-Digit Property Identification No.: 28000OA000014B & 28000OA000014D
6. The existing zoning of the property is
7. The existing use of,the property is:_
8. Adjoining Property:
USE
Rural Area
North
B-2
Bank
ZQNIN .
RA
Agx�cultura
East RA'
South RA
West " RA
9. Describe the decision being appealed. (Attach a copy of the written decision.)
Denying the use of a time & tempera ure 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 tieing sought, including properties at the
sides, rear, and in front of (across street from) the subject property. (Usc additional pages if
necessary.) These people will be notified by mail of this application: Please list complete 14-digit
property identification number.)
NAME
Kenneth L. & Ruth B.
Lineberg
Address 6640 NW Pike, Gore Va 22637
Property ID # ,28000OA0000130
Arthur Lyndall & Betty K.
Anderson
Address P.O. Box 8, Gore, Va 22637
Property ID # 28000OA0001125
Arthur Lyndall & Betty K.
Anderson
.Address P.O. Box 8, Gore, Va 22637
Property ID # 28000OA0000140
Arthur Lyndall & 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 # 28000OA0001125A
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 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.
The Capon Valley Bank
SIGNATURE OF APPLICANT G � -� � =�== DATE -X '%o -a i
Duly Authorized officer
SIGNATURE OF OWNER
(if other than applicant)
DATE
-OFFICE USE ONLY- -�
BZA PUBLIC HE
ARING OF _ — ACTION: /Gt6�G�
�► low: I1-20-01 - DATE -
APPEAL OVERRULED
i
APPEAL SUSTAINED
R.: KAWPTMN\APPL1CAr,APPEAL
Re,. 1 /97
SIGNED:
B A CHAIRMAN
DATE:
.+
NI_I[G-13-2001 13: 0M M 0 5406621038 P.02
"EXHIBIT 1"
'ANN COUNTY of FREDERIM
i� Department of Planning and Development,
540/ 665-56511
FAX: 540/ 665.6395
CERTIFFED MAIL
July 17, 2001
Allen L. Brill, President and CEO
Capon Valley Bank
Wardensville, WV 126851
RE: 6701 Northwestern Pike; Property Identification Number (PIN): MA-14B
Zoning District: B2 (Business General)
Dear Mr. Brill:
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 Julie 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 ,6olation of an unapproved animated sign A sign which displays changing information, such as
time and teanperature, wfiether indicated individually or in a tandem fashion, is considered animated.
In accordance with Section 165-30(A) (I) of the Frederick County Zoning Ordinance, animated signs are
prohibited in all zoning districts_ Furthermore; there is also no record of a sign permit issued by the Frederick
County Building Official at this property. Therefore, the presence of this animated sign constitutes a violation
of the Frederick County Zoning Ordinance. This offic8 will allow thirty (30) days from receipt of this letter
to resolve this violation. Specifically, such resolution may be accomplished by the immediate removal or
modification of the animated sign from the subject property. You must also apply for a perrrtit for an approved
business sign, if you wish to keep anti modify the existing sign. Failure to comply with the Frederick County
Zoning Ordinance will result in a criminal 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 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 subcrission of an application
form, 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 CAPO6ALLEY BANK
TO & 5406621038 P.03
Page 2
Allen L. Brill, President & CEO, Capon Valley Bank
Re: 6701 Northwestern Pike
July 17, 2001
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
Please do not hesitate to coattact me regarding any questions that you may have at (540) 665-5651.
eran
Planner I
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"EXHIBIT 2"
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DEEP
THIS DEED, made and dated this �q day of May, 2001, by
and between BARBARA A. SELDOM, 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, and 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
14
2 t s.
17 15
16
63A
e 63C
61 J C) flo)
(o
5 4 1156_!57'
5 8
5 5
<D
"EXHIBIT 3"
2
MEAUS
\1 4
3\14D
.1 25A
124
63D
Lucas Lane
50
F
19
128
,8
9
"EXHIBIT 4"
- "EXHIBIT 5"
Computer Assisted Mass
Enter Criteria: Parcel Master File
Record/Dwelling No.: 0 0
Name:
Account:
Map:
Parcel Location:
Re -Appraisal FREDERICK CO
Search "EXHIBIT 611
(last name first)
0
28000OA0000130
Mm dD B Ls
0-
House#
Op Name
_ SPRINGMANN, MICHAEL J
_ MARKS, CHARLES L
_ POTOMAC APPALACHIAN
_ PLUMLY, ANNA CARMELITA
LUTTRELL, PAUL R
LEIGHT, JOHN MAX & JOANN G
_ SMITH, W. E.-EST.
_ ORNDORFF, JAMES H.
_ ANDERSON, ARTHUR LYNDALL & B
_ ANDERSON, ARTHUR L. JR.
_ DUNLAP, DANIEL B JR & DEBRA
Enter: Any Char=view Detail
(must be spaced correctly)
Direct
Street Name
Type Direct
Acreage
Map #
Rec #
DW
OCr -C
11.72
28
A
117A
0005222
01
1 � Y
45.03
28
A
119
0005225
01
1&Y
23.44
28
A
119A
0005224
01
15 Y
136.50
- 28
A
120
0005226
01
15. Y
24.42
28
A
121
0005227
01
1-=Y
90.00
28
A
122
0005228
01
1 i-Y
203.23
28
A
123
0005229
01
1-Y
.75
28
A
124
0005230
01
1 Y
14.85
28
A
125
0005231
01
15-Y ;
2.17
28
A
125A
0032056
01
21 Y
.42
28
A
126
0005232
01
10 +
P=CFS F3 Cancel
Computer Assisted Mass Re -Appraisal FREDERICK CO
Enter Criteria: Parcel Master File Search
Record/Dwelling No.: 0 0
Name:
Account:
Map:
Parcel Location:
0
28000OA0000130
Mm dD B Ls
0
House#
Op Name
_ LINEBERG, KENNETH L. & RUTH
_ LINEBERG, KENNETH L. & RUTH
_ ANDERSON, ARTHUR LYNDALL & B
_ WHITACRE, ROBERT G.
_ THE CAPON VALLEY BANK
_ SPAID, PAMELA ANDERSON
_ THE CAPON VALLEY BANK
_ ANDERSON, ARTHUR LYNDALL & B
_ ANDERSON, ARLAN IVON & MARY
_ ANDERSON, ARLAN I & MARY N
_ BRILL,, CHARLES THRUSHIE JR
(last name first)
(must be spaced correctly)
Direct street Name
Acreage Map #
.33
28
A
12
.33
28
A
13
108.62
28
A
14
3.00
28
A
14A
3.19
28
A
14B
3.32
28
A
14C
3.11
28
A
14D
1.62
28
A
14E
1.24
28
A
15
1.34
28
A
16
5.87
28
A
17
Enter: Any Char=View Detail P=CFS F3 Cancel
Type Direct
Rec #
0005113
0005114
0005120
0005115
0005116
0005117
0005118
0005119
0005121
0005122
0005123
DW
01
01
01
01
01
01
01
01
01
01
01
OC
10
10
10
10
13
10
15
10
15
10
10
C
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
s
i
CLINTON R. RITTER
ATTORNEY AT LAW
205 EAST BOSCAWEN STREET
WINCHESTER, VIRGINIA 22601
LICENSED IN VIRGINIA
AND WEST VIRGINIA
August 15, 2001
Lawrence R. Ambrogi
County Attorney
107 N. Kent Street
Winchester, Va 22601
RE: Bank Sign - Zoning Appeal Application
Dear Mr. Ambrogi:
TELEPHONE
540-662-7175
FAX 540-662-1038
Please find enclosed a. copy of the application on behalf of
the Capon Valley Bank. I believe the contents are self explanatory.
After the review of the County Code and the sign i.n questions,
I would deeply appreciate if you would advise the county Planning
Department and my office whether or not you concur with my legal
opinion in referent to this matter.
With kind regards,
Since ely,
Clinton R. Ritter
Attorney at Law
CRR/dj t
enclosures as stated
cc: Th. Capon Valley Bank
ark Cheran, Planner
Frederick County
•
LICENSED IN VIRGINIA
AND WEST VIRGINIA
CLINTON R. RITTER
ATTORNEY AT LAW
205 EAST BOSCAWEN STREET
WINCHESTER, VIRGINIA 22601
August 22, 2001
Patrick T. Davenport
Zoning Administrator
Dept. of Planning and Development
107 N. Kent Street
Winchester, VA 22601
TELEPHONE
540-662-7175
FAX 540-662-1038
RE: 6701 Northwestern Pike, Property Identification number (PIN)
28-A-14B - Zoning District B2
Dear Mr. Davenport:
Please be advised that the Capon Valley Bank will proceed with
their application.
Be also advised that I cannot appear on September 18, 2001,
due to a conflict in court schedule. I was advised by your staff
that we could appear the following week. Please advise of
available dates and times.
I do not agree to any further modification of the Capon Valley
Bank's application. My client was informed that their request was
denied because it was an animated sign. Please provide my office
with the original provision of the ordinance which you relied upon
when my client was first informed of the denial and copies of any
recent amendments to the original ordinance.
With kind regards,
Sincerely,
" f
Clinton R. Ritter
Attorney at Law
CRR/dj t
cc: Capon Valley Bank
Lawrence Ambrogi, County Attorney
RECEIVED
AUG 2 2 2001
1EPT, OF PLANNING/DEVELOPMENT
0 0
LICENSED IN VIRGINIA
AND WEST VIRGINIA
CLINTON R. RITTER
ATTORNEY AT LAW
205 EAST BOSCAWEN STREET
WINCHESTER, VIRGINIA 22601
August 15, 2001
Mark R. Cheran, Planner 1
Department of Planning and Development
for Frederick County
107 N. Kent Street
Winchester, Va 22601
RE: Bank Sign - Zoning Appeal Application
TELEPHONE
540-662-7175
FAX 540-662-1038
Dear Mr. Cheran:
Please be advised that I represent the Capon Valley Bank in
reference to the zoning appeal.
Please find enclosed the original application and two (2)
copies, along with a check in the amount of $300.00.
I have also enclosed a copy of a letter which I have sent to
Lawrence Ambrogi, County Attorney.
I have advised my client to pay the $25.00 sign application
fee and apply for the sign permit.
Please advise me of the proposed hearing date and time as soon
as possible due to my heavy trial docket.
With kind regards,
Sinc - ely,
Clinton R. Ritter
Attorney at Law
CRR/dj t
enclosures as stated li` L GEIVED
cc: The Capon Valley Bank AUG 1 6 2001
Lawrence Ambrogi, County Attorney
'rPT, OF PI AA'IN"tr10PITI-OPMENT
0 *FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
August 20, 2001
Mr. Allen Brill
P.O. Box 119
Wardensville, WV 26851
CERTIFIED MAIL
RE: 6701 Northwestern Pike; Property Identification Number (PIN): 28-A-14B;
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(1) of the Frederick County Zoning Ordinance.
Sincerely,
rvj -
Patrick T. Davenport
Zoning Administrator
PTD/rsa
cc: Clinton R. Ritter, Esq.
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107 North Kent Street - Winchester, Virginia 22601-5000
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COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 665-6395
CJ! ITINIUAVI JAI Jr PUBLIC i- LAIRIJINlr'
November 7, 2001
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: APPEAL' APPLICATION #17-01 OF CAPON VALLEY BANK (CONTINUED FROM
SEPTEMBER 25, 2001)
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, November 20, 2001, at 3:25 p.m., in the board room of the
Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a
public hearing to consider 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.
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application will be available for review at the Handley Library the week of the meeting, or at the
Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia.
Sincerely,
pttvl'� /��; I& M4,
ly-
Patrick T. Davenport
Zoning Administrator
PTD/ch
0A\Agcndas\BZA\ADI0INER\2001 Adj\CaponValleyBank.wpd
107 North Kent Street - Winchester, Virginia 22601-5000
e k •
This is to certif that the attached correspondence was mailed to the following on
Z 00 / from the Department of Planning and Development, Frederick
County, Virginia-
- - -- 28 -A. 14•E a i,,d ag A-12 5
P.I.N. 28-A-13� ANDERSON, ARTHUR LYNDALL & BETTY K
Kenneth L. & Ruth Lineberg j
6640 Northwestern Pike PO BOX 8
GORE, VA 22637.0008
Gore, VA 22637-2438
P.I.N. 28-A-14B 28-A-125A
j Capon Valley Bank i ANDERsoN, ARTHIIR L. , .IR.
6757 Northwestern Pike
P.O. Box 119 Gore, VA 22637-2445
Wardensville, WV 26851
28-A-14D
Ms. Barbara A. Seldon
P.O. Box 67
High View, WV 26808 1
E
Patrick T. Davenport, Zoning Administrator
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, L�" (1 1 j71 if I M I I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Patrick T. Davenport, Zoning Administrator for the Department of
Planning and Development, whose name is signed to the foregoing, dated I I - Fj • (7 I ,
has personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this (�)th day of nom her,
My commission expires on F-�.bj unaj ag, Qxus
ARY PUBLIC
�_____-� � TO:_-_ Barbara.
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Please print .sets of labels by;
12. The following ames and addresses are all of 1 0 THANK YOUR!
property adjacent to the property for which :the a et.
primp Y 1 p P Y Pp - ... =.
sides, rear, and in front of (across street from) the subject property. (Use additional pages if
necessary.) These people will he notified by mail of this application: ff lease list complete 14-digit
property identification number.)
V
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NAME
Kenneth L. & Ruth B.
Lineberg
Address 6640 NW Pike, Gore Va 22637
Property ID #-28000OA0000130
Arthur Lyndall & Betty K.
Anderson
\
. Address �_----- — — ----__
P.O. Box-8; Gore, Va 22637
Property ID # 28000_QA0001125-
Ar thur Lyndall al l Betty t
y & Y K.
Anderson
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.Address P.O. Box 8, Gore, Va 22637
Property ID #_28000OA0000140
Arthur Lyndall & Betty K.
Anderson
Address P.Box 8, Gore, Va 22637
Property ID # 2$0000A000014E___ _
---
Arthur J. Anderson, Jr.
Address 6757 NW Pike, Gore Va 22637
Property ID # 28000OA0001125A
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
PUBLIC HEARING
September 11, 2001
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: APPEAL APPLICATION #17-01 OF CAPON VALLEY BANK
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, September 25, 2001, at 3:25 p.m., in the board room of the
Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a
public hearing to consider 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-1413 and 28-A-14D in the Back Creek Magisterial District.
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application will be available for review at the Handley Library the week of the meeting, or at the
Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia.
Sincerely,
Patrick T. Davenport
Zoning Administrator
PTD/ch
0:\Agendas\BZA\ADJ0INER\2001 Adj\CaponVa11eyBank.wpd
107 North Kent Street - Winchester, Virginia 22601-5000
This is o certify that the attached correspondence was mailed to the following on
from the Department of Planning and Development, Frederick
County, gima:
28 - A- - 13-
LINEBERG, KENNETH L. & RUTH B.
6640 NORTHWESTERN PIKE
GORE, VA. 22637.2438
28 - A- - 14-1 1 ¢E)
ANDERSON, ARTHUR LYNDALL & BETTY K
PO BOX 8
GORE, VA 22637.0008
28-A- 14D
Ms. Barbara A. Seldon
P.O. Box 67
High View, WV 26808
STATE OF VIRGINIA
COUNTY OF FREDERICK
28 - A- - 125-A
ANDERSON, ARTHUR L. JR.
6757 NORTHWESTERN PIKE
GORE, VA 22637.2445
28 - A- - 14-B
THE CAPON VALLEY BANK
PO BOX 119
WARDENSVILLE, WV 26851
Pj4j L,60W
Patrick T. Davenport, Zoning Administrator
Frederick County Planning Department
I, LXTr I ER 1 2 [ o l I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Patrick T. Davenport, Zoning Administrator Nf.the De artment of
Planning and Development, whose name is signed to the foregoing, dated,
has personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this day oft
My commission expires on Reb-ZA Q OBI QW3
Haa�
ARY PUBLIC