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HomeMy WebLinkAbout03-07 Roma Restaurant - Opequon - Backfile!r+ 'fit r Date: BOARD OF ZONING APPEALS Variance Request Tracking Sheet File opened Reference Manual updated/number assigned D-base updated (�B- location map requested from GIS �7T FIST � fn'L%� Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary MEETING DATE:. d a o FINAL ACTION: CLOSE OUT FILE: sib =� Approval (or denial) letter mailed to applicant/copy made for file 34-t ki File stamped "approved", "denied" or "withdrawn" a t 07 Reference Manual updated 3 �G LO-) D-base updated L�j File given to Renee' for final update to Application Action Summary Iqq� UABev\Common\Tracking sheets\BZA Tracking.bza Revised 05/25/01 R OD 0 CC) a cr cr 0 i e) DATE NO. RECEIVED FROM ADDRESS DOLLARS S ❑FOR RENT O FOR ' --� AMT. OF CASH ACCOUNT AMT. PAID CHECK BALANCE MONEY DUE ORDER I ) •:-- fiLf OFT* COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: March 22, 2007 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Roma Restaurant. Mr. Ritenour had a deposit for one sign for an Appeal #03-07 for Roma Restaurant. Mr. Ritenour has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Benjamin Ritenour 320 Peace & Plenty Lane Stephens City, VA 22655 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 080001 DATE 164 �GEIVED FRQ .2 / 0 5./ 2 0,0,7 LJT/LET y 26768 FOR RENT DOLLARS_ _ y 00 HOW u AMT. OF .,,,�1 ACCOUNT�'./�CZY��y ^7 CASH / - AMT. PAID CHECK BALANCE DUE MONEY -- ... _... ORDER BY BALANy CE DUE NINCLUDES/PENALTY/INTEREST THRU THE CMONTH 29752/2007 VARIOUS axes o� .opett9 e t $ gt ° aYes 'Pe betty oaf y1ov Estate �sn�ct i of tb ;ttaty �bt ss`p°e e fed by kve COO p1 �a P+da - -suet tCto ory C°u 5 edet� Y p . B°X 2260Q p225 Ntoc�`es�SQo 66 56p'1 ,�aai� Aeaet ck �a co In�OCmato O�R1C�. � fax CO.V } ��tee O �s . o 't�eas� ��t�day $ aoi p°aay t ete y e ;5 . ,oca,x cendedboots {oc deta �• R • • • S 1.tC��a a �,gUe a� \ bex%— / - •pR •�a tb tatemy o�\edg 1jeS+FREDERICK COUNTY R E C E I P T VE C es ekn F dec\ac `o he best°Bvgtness / 'C . WILLIAM ORNDOFF, JR collect o 0/0 (ot P.O. BOX 225 Uses WINCHESTER VA 2 2 6 0 4 - 0 2 2 5 S`g�ature SIGN DEPOSITS PLANNING} Sig°xtute BALAN Ticket° `#':OOA05650001 Date 2/05/2007 Register: •LJT/LJ • Tr ans. #68 . 1095 kl- Previous Balance $ . ?;�••:. ; 100 `00,::. Principal Being Paid 100.00 Penalt .00 Interes .00 00 OUS ,. rcn COQjj�,Y of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 March 21, 2007 Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: APPEAL #03-07, ROMA RESTAURANT Dear Evan: This letter is to confirm that the above -referenced appeal application was approved by the Board of Zoning Appeals at their meeting on March 20, 2007. Your application appealed the decision of the Zoning Administrator as to the use of LED (Light Emitting Diode) signage in Frederick County, on property which is located on the south side of Fairfax Pike (Route 277), approximately 500 feet east of Interstate 81, Exit 307, Property Identification Number 85-A- 148E, in the Opequon Magisterial District. The Board of Zoning Appeals voted to allow the above referenced business signage with the condition that the LED portion can change no more than every two (2) minutes. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Scully, LTD, 603A S. Loudoun St., Winchester, VA 22601 Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 oO� APPEAL APPLICATION #03-07 ROMA RESTAURANT a Staff Report for the Board of Zoning Appeals Prepared: March 7, 2007 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. BOARD OF ZONING APPEALS HEARING DATE: March 20, 2007 - Pending LOCATION: The subject property is located on the south side of Fairfax Pike (Route 277), approximately 500 feet east of Interstate 81, Exit 307. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERN: 85-A-148E PROPERTY ZONING & USE: Zoning: Land Use: ADJOINING PROPERTY ZONING & USE: North: B2 (General Business) East: B2 (General Business) South: B2 (General Business) West: B2 (General Business) B2 (General Business) District Commercial Land Use: Commercial Land Use: Commercial Land Use: Commercial Land Use: Commercial APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-30A(1), animated or flashing signs. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to the use of LED (Light Emitting Diode) signage in Frederick County. Appeal Application #03-07, Roma Restaurant March 7, 2007 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 LED (Light Emitting Diode) signs and EMB (Electronic Message Board). The Frederick County Zoning Ordinance does not define this type of sign; Section 165-4 of the Frederick County Zoning Ordinance authorizes the Zoning Administrator to make interpretations and applications of the zoning ordinance. Historically, Frederick County has not allowed this type of signage. Furthermore, Section 165-30 A (1) of the Frederick County Zoning Ordinance does not allow animated or flashing signs withirf Frederick County. Article XXII Definitions, Section 165-156 of the Frederick County Zoning Ordinance, defines animated and flashing signs as: ANIMATED SIGN — Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. FLASHING SIGN — Any sign directly or indirectly illuminated that exhibits changing natural or artificial light or color effects by any means whatsoever. This proposed sign falls under the definition of a flashing sign and is not permitted. Any change in definitions or types of signage allowed by the Frederick County Zoning Ordinance is a legislative action and not within the scope of the Board of Zoning Appeals. STAFF CONCLUSIONS FOR THE MARCH 20, 2007 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-30A(1) and Section 165-156, that LED and EMB signage is flashing and is not a permitted sign in Frederick County. • § 165-156 ZONING § 165-156 SELF-SERVICE STORAGE FACILITY —A structure containing separate storage spaces of varying sizes leased or rented as individual leases for the purpose of storing personal property and household goods. SEMITRAILER — Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. [Added 6-9-19931 SERVICE STATION— Any premises primarily used for supplying gasoline, oil, tires, accessories and services for automobiles at retail directly to the motorist or consumer. Repair uses are accessory to the other retail services provided. SETBACK — The required. distance between a building or structure and a lot line. SETBACK, FRONT YARD — The required distance between a street right-of-way line and the front line of a building or structure. SETBACK, REAR YARD —The required distance between a building or structure and the rear lot line of the lot containing the building or structure. SETBACK, SIDE YARD — The required distance between a building or structure and the side lot line of the lot containing the building or structure. SEWAGE TREATMENT FACILITY— Any device or system used in the storage, treatment, disposal or reclamation of sewage and industrial wastes generated by more than two uses or dwellings. SHOPPING CENTER — Any development in the B1 Neighborhood Business or B2 Business General Zoning District containing two or more uses within a single approved master development plan or site plan. SIGN — Any object, device, display or situated outdoors or indoors, which is display, direct or attract attention to an organization, business, product, service, means, including words, letters, figures colors, illumination or projected images. structure or part thereof, used to advertise, identify, object, person, institution, event -or location by any design, symbols, fixtures, 16707 6 - 10 - 2003 0 • § 165-156 FREDERICK COUNTY CODE § 165-156 A. SIGN, BUSINESS — A sign which directs attention to a business or profession conducted or to a .commodity or service sold, offered or manufactured or to a service or entertainment offered. B. SIGN, COTTAGE OCCUPATION — An on -premises sign advertising an approved cottage occupation. C. SIGN, DIRECTIONAL— An off -premise sign containing directional messages concerning the distance or direction to particular locations. [Amended 9-12-20011 D. SIGN, BUILDING ENTRANCE — A sign designating the location to the outside entrance to a particular use. E. SIGN, OFF -PREMISES — A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on a parcel of land other than the one on which the sign is located. F. SIGN, ON -PREMISES — A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on the parcel of land on which the sign is located. G. SIGN, TEMPORARY or PORTABLE — A movable sign not affixed to the ground or intended to be moved or intended for temporary use. H. SIGN, ANIMATED — Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. [Added 9-12-20011 I. SIGN, FLASHING —Any sign directly or indirectly illuminated that exhibits changing natural or artificial light or color effects by any means whatsoever. [Added 9-12-20011 J. SIGN, ILLUMINATED — A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign. [Added 9-12-20011 K. SIGN, INFLATABLE — Any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event. [Added 9-12-20011 16708 6 -10 - 2003 § 165-156 ZONING § 165-156 L. SIGN, INTERSTATE OVERLAY— An on -premise business sign located within the Interstate Area Overlay District meeting all requirements of Article XVI of this chapter. [Added 9-12-20011 M. SIGN, MONUMENT— A business sign or subdivision entrance sign placed directly on the ground by means other than a support pole or brace in which the message portion is either on top of, or affixed to, the support structure. [Added 9-12-20011 N. SIGN, ON -SITE INFORMATIONAL— A sign commonly associated with, and not limited to, information and directions necessary for the convenience of visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms, and pick-up and delivery areas. [Added 9-12-20011 0. SIGN, ROOF — A sign that is mounted on the roof of a building or a sign that projects above the top wall or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof. [Added 9-12-20011 P. SIGN, PORTABLE — A sign that is not permanent, not affixed to a building, structure, or the ground, and is intended to be moved or intended for temporary use. [Added 9-12-20011 Q. SIGN, WALL -MOUNTED — A sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for the sign. [Added 9-12-20011 SIGNIFICANT EXTERIOR ALTERATION — Any change in the exterior appearance of a structure, excluding minor changes, such as painting, minor repairs and installation of easily removed equipment, such*as air conditioning and/or storm doors or windows. SINKHOLE — Any depression in the surface of the ground which provides a means through which surface water can enter directly into subsurface aquifers. SITE PLAN — A specific and detailed plan of development meeting the requirements of this chapter. STEEP SLOPES — Land areas where the slope exceeds 50%. [Amended 8-9-2000; 4-23-20031 16709 6 - 10 - 2003 6" k'e4 1• Fair�yk fo 9gc49� '��' Qrv^a .y. 7r6e 77 Q OOROERgP B5 S.F.'t:' 05 0a` O9ac. V P o SCULLY 85 A 148F STIMPSON 85 3 1 o� o 1 ac. 2.97 ac. SCULLY 85 A 148E 2.82 ac. 0 J\rLiL S 'L �C)0 OP. LAYTON 85B 2 1 9 0 ac. m w 2 as�Ak SCULLY ° m i Fp nrr, 85 A 148 d 2.02 ac. ��yB�2G STIMPSON Bs Fsj. 85 3 2 {sic�c��yfir 2.97 ac. q Il0A9 Bsee? GS 1 Odd ?B m o m z STIMPSON 64 ' 85 A 146 ? 1 .a 12.67 ac. pdc ?g Frederick County, VA Appeal Request App # 03 - 07 Application Roma Restaurant Parcel ID: 85-A-148E Location in the County Map Features - APP0307_RomaRestaurant D Lakes/Ponds �-- Streams Streets A& Primary - Secondary ^. Tertiary t_ ,OK cpG 0 25 50 "P - v eet � © Case Planner: Mark 7 6¢ j } F u QyotiO �a�r �yaF 77 �a a �5a0 B1 �r o zoning SCUL'LY STIMPSON o 65 A 116E 85 3 7 jo 2.97 ac. f SCUl �r B2 55 A 116E 2.62ae. zoning LAYTON 85B 21 9 0 ac. P oning SCULLY 2.02 at: °s Fyn/2` BSA/�PF Ip L STIMPSON 85 3 2 9.Fy� s 2.97 ac. do lj lOAP -. " BS51 ' O4c 1g m A PSO STIMN - 65;� A 146 p BSQ VFF C c °� r 0 72.67 ac. 0dc 7 ?0 D g5 m 3° Frederick County, VA Appeal Request App # 03 - 07 Application Roma Restaurant Parcel ID: 85-A-148E Location in the County Map Features - APP0307_RomaRestaurant Zoning >D Lakes/Ponds • BI (Business, Neighborhood District) -� Streams • B2 (Business, General District) Streets • B3 (Business, Industrial Transition District) � Primary • EM (Extractive Manufacturing District) Secondary • HE (Higher Education District) �. Tertiary • M1 (Industrial, Light District) M2 (Industrial, General District) • MH1 (Mobile Home Community District) • MS (Medical Support District) w R4 (Residential, Planned Community District) • R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) Case Planner: Mark `ttfy' Qy 'b Q 1 °S9 149L, ec r. n io;- �5'(ER51AA 0h 0a� (9 a a V � o SCULLY STIMPSON o o 85 A 148F 85 3 1 1 ac. 2.97 ac. SCULLY 85 A 148E 2.82 ac. 9 'L LAYTON 85B 21 9 0 ac. m w = SCULLY 85 A 148 d i�Fy nrr, 9 2.02 ac. •'� R � STIMPSON as Fsj, 85 3 2 197 ac. do dj 0. 6 'P & ? �S ode zB W A STIMPSON 85 A 146 BSB�UFF o 12.67 ?1 ac. .a — °ac. dg a° Frederick County, VA Appeal Request App#03-07 Application Roma Restaurant Parcel ID: 85-A-148E Location in the County Map Features . APP0307—RomaRestaurant Long Range Land Use D Lakes/Ponds Rural Community Center �— Streams Residential Streets aSi Business Primary ® Industrial Secondary ® Institutional ^. Tertiary *�, Recreation ® Historic ® Mixed -Use ® Planned Unit Development Location in Surrounding Area e`�K cO © Case Planner: Mark Frederick County, VA Appeal Request App # 03 - 07 Application Roma Restaurant Parcel ID: 85-A-148E Location in the County Map Features - APP0307_RomaReslaurant iS Lakes/Ponds ^— Streams Streets Primary Secondary ^r Terciary Location in Surrounding Area y - x © Case Planner: Mark E CERTIFIED MAIL January 3, 2007 Bryan & Coleman, P.L.C. AM, Michael L. Bryan 9 Court Square, 2°d Floor Winchester, VA 22601 i 10"wN"TY of F'REDERICK Department of Planning an(Il Development 540/665-5651 FAX: 5401665-6395 I RE: Zoning Determination of Proposed Signage (Roma Restaurant) Property Identification Number (PIN): 85-A,148E Zoning District: B-2 (Business General) Dear Mr. Bryan: This letter is in response to your correspondence, dated December 22, 2006, to the Zoning Administrator requesting a zoning determination on signage on the above -referenced pro�,3erty. In your correspondence, you referenced the proposed sign for the Roma Restaurant will be ofan LED (Light Emitting Diode) type. Section 165-30 of the Frederick County Zoning Ordinance does not specify this type of sign, but prohibits the use of animated and flashing signs in Frederick County. This type of sign has O:e ability to be used as an animated or flashing sign; furthermore, Section 165-4 of the Frederica County Ordinance allows the Zoning Administrator to make interpretations ofthe applications ofthl, zoning Ordinance. Frederick County has traditionally not allowed the use of these types of signs. You may have the right to appeal this zoning determination within thirty (3 0) days of the dal :e of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be i'mal and unappealable if it is not appealed within thirty (30) days. Should, you choose to appeal, thy.- appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-155A(l) of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, written statement setting forth the decision being 107 North Rent Street, Suite 202 * Winchester, Virginia 22601-5000 Page 2 •0 0• Bryan & Coleman, P.L,C. I Re: Zoning Determination of Proposed Signage (Roma Restaurant) January 3, 2007 appealed, date of decision, the grounds for the appeal, how the appellant is an aggrieved p�nrty, 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 be scheduled far public hearing and decision before the $ZA. Contact me regarding any questions you may have at (540) 665-5651. i Sincerely, eran Zoning Administrator cc: Scully, LTD 603 A South Loudoun St. Winchester, VA 22601 MRC/dlw •0 00 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Appeal of Applicatio # -Z` r7 Submittal Deadline Y� % Submittal Date D r For the meeting of i' Fee Paid �--'yes initials: 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: Greenway Engineering ADDRESS 151 Windy Hill Lane Winchester, VA 22601 TELEPHONE: (540) 662-4185 NAME: Scully, LTD ADDRESS 603A South Loudoun St Winchester, VA 22601 TELEPHONE: (540) 667-4220 3. The property is located at (give exact directions and include State Route numbers): The property is located on the south side of Fairfax Pike (Route 277); approximately 500 feet east of Interstate 81 Exit 307.. 4. Magisterial District: Ovequon 5. 14-Digit Property Identification No.: 85-((A))-148E 6. The existing zoning of the property is: B-2, Business General District 7. The existing use of the property is: Commercial (Roma Restaurant) r.] X 10 Adjoining Property: USE ZONING North Commercial B 1 & B2 East Commercial B2 South Commercial B2 West Commercial B 1 & B2 Describe the decision being appealed. (Attach a copy of the written decision.). The Applicant is appealing a zoning determination made by the Frederick County Zoning Administrator,'. in . which the use of LED (Light Emitting Diode) technology for the message portion of the Roma Casual Italian & Greek Dining business sign is being interpreted as an animated or flashing sign and is therefore not permitted for this project. (Please refer to attached Zoning Determination Letter signed by Mark R. Cheran, Zoning Administrator, dated January 3, 2007.) Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) The Applicant's basis for appeal of the zoning determination is as follows: ➢ This business sign is designed to allow for the 2' x 8' message board portion of the Roma Casual Italian & Greek Dining sign to be modified through LED (Light Emitting Diode) technology at a reasonable time interval of no less than 5 minutes, which will ensure that there is not the appearance of either and animated or flashing sign to the traveling public. ➢ This LED portion of the business sign does not promote actual motion or the illusion of motion, nor is there a repetitive cycle for constant changes in .the sign message; therefore, this business sign does not fall under the category of animated or flashing signs as defined by the .Frederick County Zoning Ordinance. ➢ The Applicant does not believe that the use of LED technology to display information associated_ with the Roma Restaurant operations constitutes either an animated or flashing sign. Additionally, the Applicant believes that the use of LED technology is safer and more convenient for the business and creates a sign that is more aesthetically appealing than the use of box lettering that typically falls off of business signs. 11. Additional comments, if any: The Board of Zoning Appeals has determined in the cases of CVS and Valley Farm Credit that the use of LED technology for the message portion of a business sign does not constitute an animated or flashing sign provided that the change of messages does not occur in a quick repetitive cycle. The January 3, 2007 Zoning Determination Letter states that this, type of sign has the ability to be used as an animated or flashing sign which appears to be the basis for this .interpretation. The Applicant agrees to establishing time constraints for this sign similar to those that were placed on the CVS and Valley Farm Credit message portion of. their signs. Establishing a limitation for the change of messaging in a reasonable interval of 5 minutes will ensure that the use of LED -messaging does not have the ability to create an animated or flashing sign at this location. •9 00 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 complete 14-distit property identification number.) NAME Harry F. Stimpson, III Address 152 Fairfax Pike Stephens City, VA 22655 Property ID# 85-((3))-1; 85-((3))-2 & 74B-((7))-2-B Scully, LTD Address 603A South Loudoun Street Winchester, VA 22602 Property ID# 85-((A))-148; 85-((A))-148E & 85-((A))-148F Shree Nathaji Corporation. Address 167 Town Run Lane Stephens City, VA 22655 Property ID# 85-((A))-148C R C G T, INC. Address 631 E Lake Sue Ave Winter Park, FL 32789 Property ID# 85-((A))-148D McDonalds Corp c/o L N S Inc Address 500 Pegasus Court Winchester, VA 22602 Property ID# 85-((A))-149 Frank Weaver Welch, Jr. Address 121 Fairfax Pike Stephens City, VA 22655 Property ID# 85-((A))-149C Address Property ID# Address Property ID# Address Property ID# •I* N AGREEMENT APPEAL # �2-D ° f 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. SIGNATURE OF APPLI( SIGNATURE OF OWNEI (if other than. applicant) DATE Z" 1 0-7 DATE -OFFICE USE ONLY- BZA PUBLIC HEARING OF 1r_4 o ACTION: -DA E- APPEAL OVERRULLED SIGNEM 1� APPEAL SUSTAINED BZA CHAI MAN DATE: Rev. 1/97 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.vams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Thomas G. Scully (Phone) (540) 667-4220 (Address) 603A South Loudoun Street Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 931 on Page 227, and is described as Parcel: 85 Lot: 148E Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan X Board of Zoning Appeals - Zoning Determination Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness the •eof, I (,,yeXi ve hfteto sehny (our) hand and seal this �2-VkJ day of 1-9oylrt 00-� Signature(s) v 'X State of Virginia, City/ ounty o1kCJ-&—L- o-wit: I-Dond L, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has ac wledged the same before me in the jurisdiction aforesaid this y of5 200 `y n �c� My Commission Expires: Rebwa 2-9 ZJUU Notary Public Replace Top sign with Replace"ServiceStar" LED sign new sign 6'X 12' sign with a 2'X 8' Replace Top sign with Replace"ServiceStar" LED sign new sign 6'X 12' sign with a 2' X 8' �! t CJ :f COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 6, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPEAL APPLICATION #03-07 OF ROMA RESTAURANT On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, March 20, 2007, 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 the following application: Appeal Application #03-07 of Roma Restaurant, submitted by Greenway Engineering, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to Section 165-30A(1), animated or flashing signs. The subject property is located on the south side of Fairfax Pike (Route 277), approximately 500 feet east of Interstate 81, Exit 307, and is identified with Property Identification Number 85-A-148E in the Opequon Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, aR. C1Yeran Zoning and Subdivision Administrator MRC/bad 107 North bent Street, Suite 202 a Winchester, Virginia 22601-5000 f This is to certify that the attached correspondence was mailed to the following on 3 p from the Department of Planning and Development, Frederick County Virgini - -- - -- - County, - - -- -- -- - - 85 - A- - 149. 85 - A- - 148-E MCDONALDS CORP SCULLY, LTD. CIO L N S MC 603A S LOUDOUN ST 500 PEGASUS CT WINCHESTER,VA 22601-4643 ,1 ! WINCHESTER, VA 22602.4596 �Y Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 74B - 7- 2- B- STIMPSON, HARRY F III CIO R & L FOODS, LLC 154 CREEKSIDE LN WINCHESTER,VA 22602 85 -A- - 'i 48-C SHREE NATHAJI CORPORATION 167 TOWN RUN LN STEPHENS CITY, VA 22655.5321 85 - A- - 148-D RCGT,INC �I i 85 - A- - 149-C WELCH, FRANK WEAVER JR 121 FAIRFAX PIKE STEPHENS CITY, VA 22655-2975 - 63011 LAKE SUE AVE WINTER PARK, FL 32764-5834 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDEF a Notary Public in and for the State and County aforesaid, hereby certify th Mark R. Cheran, Zoning & Subdivision Administrator for the Depaj�mgn of Planning and Development, whose name is signed to the foregoing, dated —�/ Io A)-7 , has personally appeared before me and acknowledged the same in my and County aforesaid. Given under my hand this 0 day of My commission expires on NOTAR UBLIC Impression antibourrage et a s6chage rapide Utillsez le gabarit 6161® ;I I ' l 'II i I j I it I 85 A- - 148-F SCULLY, LTD. 603A S LOUDOUN ST WINCHESTER, VA 22601-4643 i ,I 11 �I I i I i i I I� II I A1M3AV-09-008-6 , ot91S ®AU V LUMMAGAe•AnMM I www.avery.com 1-600•60-paVO AVERYO 51610 85 - A- -148- SCULLY, LTD LO 603A S UDOUN ST WINCHESTER, VA 22601.4643 85 - A- - 148-F SCULLY, LTD. 603A S LOUDOUN ST WINCHESTER, VA 22601.4643 ® @MS 3iVldW3.l @AJ9AV ash 6ullulid aaaj e6pnwS pue weF • L AL 4/9/adz * 0-� 2 Alf TOOBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please print sets of la Ja Is, by 0`7 -THANKSI- 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 complete 14-dis6t property identification number.) NAME Harry F. Stimpson, III Address 152 Fairfax Pike Stephens City, VA 22655 Property ID# 85-((3))-1; 85-((3))-2 & 74B-((7))-2-B Scully, LTD Address 603A South Loudoun Street Winchester, VA 22602 Property ID# 85-((A))-148; 85-((A))-148E & 85-((A))-148Ft% Shree Nathaji Corporation Address 167 Town Run Lane Stephens City, VA 22655 Property ID# 85-((A))-148C R C G T, INC. Address 631 E Lake Sue Ave Winter Park, FL 32789 Property ID# 85-((A))-148D McDonalds Corp c/o L N S Inc Address 500 Pegasus Court Winchester, VA 22602 Property ID# 85-((A))-149 Frank Weaver Welch, Jr. Address 121 Fairfax Pike Stephens City, VA 22655 Property ID# 85-((A))-149C 1Z Address Property ID# Address Property ID# Address Property ID# ,T :BARBARA-DATA PROCESSING - — jFROM:BEV - Planning Dept. A Alp Please ri sets f F t ola b THANKS! Y 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 complete 14-digit Property identification number.) NAME Harry F. Stimpson, Ill 'Address 152 Fairfax Pike . Stephens City, VA 22655. Property ID# ' 85-((3))-1; 85-((3))-2 & 74B-((7))-2-B Scully, LTD Address 603A South Loudoun Street Winchester, VA 22602 Property ID# :85=((A))-148; 85-((A))-148E . & 85-((A))-148F Shree Nathaji Corporation. Address 167 Town Run Lane Stephens City, VA.22655 Property ID# 85-((A))7148C R C G T, INC. Address 631 E Lake Sue Ave Winter Park, FL 32789 Property ID# 85-((A))-148D McDonalds Corp, c10 L N S Inc . Address 500 Pegasus Court Winchester, VA 22602 Property ID# 85-((A))-149 Frank Weaver Welch, Jr. Address 121 Fairfax Pike Stephens. City, VA 22655 Property ID# 85-((A))-149.0 Address Property ID# Address Property ID# Address Property HV 0 BRyA,N & COLEMAN, P.L.C. ATTORNEYS AT LAW 9 COURT SQUARE, 2 ' Floor WINCHESTER, VIRGINIA 22601 T'ELEPIJONE: (540)545-4130 FAX: (540)545-4131 MICHAEL L. DRYAN, ESQUIRE December 22, 2006 Mark Cheran Subdivision Administrator Frederick County Department of Planning and Zoning; 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 RE: Roma Restaurant LED Sign, Application Dear Mark: Email: mbryanMearthlink.net As a follow up to our telephone conversation last week, please find enclosed the application fee concerning Roma Restaurant's request for a LED sign at its business location near Stephens City, Virginia. it is my understanding that the County intends to deny this sign application and that a letter of denial will be forthcoming once the application fee is received. Thank you. Very truly yours, ichael L . Bryan MLB/pmn Enclosure cc: Benjamin H. Ritenour Evan Wyatt • /t\ GREENWAY ENGINEERING %4#7 151 Windy Hill Lane FounJed in 1971 Winchester, Virginia 22602 T R A N S M I T T FILE COPY FED A I L, Project Name: Roma Restaurant Zoning Determination Letter Appeal File No: 0378B Date February 2, 2007 To: FC Planning From: Evan Wyatt/ Attn: Mark Cheran GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review Message: Hi Mark, ® Courier ❑ As You Requested ❑ Pick Up ® Please Comment Please find attached the completed Board of Zoning Appeals Application for Appeal for the Zoning Determination Letter pertaining to the Roma Restaurant business sign, as well as the $300.00 Application fee and the Special Limited Power of Attorney document from the property owner. Please include this matter for consideration by the Board of Zoning Appeals at their next available meeting. Please contact me if you have any questions regarding this information or if you need any additional information at this time. Thank you, Evan Hand Delivery ansl $i s y: Received By: Date• /t\ GREENWAY ENGINEERING 147 151 Windy Hill Lane Founded in :97i Winchester, Virginia 22602 ` T R A N S M I T T A L Project Name: Roma Restaurant Zoning Determination Letter Appeal File No: 0378B Date February 2, 2007 F E S 2 2007 To: FC Planning From: Evan Wyatt/ Attn: Mark Cheran GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review Message: Hi Mark, ❑ As You Requested ® Please Comment Please find attached the completed Board of Zoning Appeals Application for Appeal for the Zoning Determination Letter pertaining to the Roma Restaurant business sign, as well as the $300.00 Application fee and the Special Limited Power of Attorney document from the property owner. Please include this matter for consideration by the Board of Zoning Appeals at their next available meeting. Please contact me if you have any questions regarding this information or if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: W N s • DEPT. OF GEOGRAPHIC RMATION SYSTEMS FREDERi COUNTY, VIRGINIA E REQUESTING AGENT: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: GIS, MAPPING, GRAPE[ICS WORK REQUIEST DATE RECEIVED: 02 oZ10-7 ESTIMATED COST OF PROJECT: ON DATE: 02 a2 FAX: DESCRIPTION OF REQUEST: (Write additional PISIAJ DIGITAL: PAPER,-FAX:L� T1 SIZES: COLOR: BLACKJWHITE: N-U-NMER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS : DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO-4 Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)