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HomeMy WebLinkAbout29-92 Perry Cooper - Shawnee District - BackfileCOUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 January 14, 1993 Mr. Perry R. Cooper 210 Brown Street Winchester, Virginia 22602 Mr. Cooper: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of December 15, 1992. The Board voted unanimously to allow you to continue the operation of your automobile repair business, located in a Residential Performance zoned district, as a nonconforming use. As a matter of record, this department still maintains that this is not a permitted use and has found from past experience that uses such as this one often develop problems such as outside storage of parts, repairs being performed outside of the garage, an excess number of inoperable vehicles and general complaints from surrounding property owners. We caution you to make every effort to avoid these potential problems. As always, this office is available to answer any questions you may have. Sincerely, I (A W.'raynce Miller Zoning Administrator WWM/slk cc: Mr. Ben Butler, McKee & Butler bc: Richard G. Dick, Chairman, Board of Supervisors W. Harrington Smith, Jr., Shawnee District Supervisor 9 North Loudoun Strcet P.O. Box 601 'Winchcster. VA 22601 Winchcstcr. VA 22604 DATED: NOVEMBER 24, 1992 The undersigned state that they have no objection to Perry Cooper and/or Harold Cooper operating Cooper's Garage at its present location with 4:.s present business volume. DOUG L IDLER TEN LAIDLER SETTLE D H M. SETTLE L('tiviD E. KLI E HELEN N. COOPER 1�4al& vz-� BEULAH 0. KLINE / JIM HANNAS WILBUR M. ETTER BEA ETTER G . COOPER----- 207 Brown Street Winchester, Virginia 22601 207 Brown Street Winchester, Virginia 22601 109 Brown Street Winchester, Virginia 22601 109 Brown Street Winchester, Virginia 22601 109 Brown Street: rv_!..ncbescer, Virginia 22601 %.10 Brawn Street Winchester, Virginia 22601 204 Shenandoah Avenue Winchester, Virginia 22601 1032 Allen Drive Winchester, Virginia 22601 1581 Woodstock Lane Winchester, Virginia 22601 1581 Woodstock Lane i inc hester, Virg _nip± 22601 20? kIta Vista Drive V;inc:hester, Virginia 22601 210 Brown Street r,Inchestar, Virginia 22601 N • i /Z�;7/7 k. P ES LL KESSNER • 105 Brown Street Winchester, Virginia 22601 105 Brown Street Winchester, Virginia 22601 Woodstock Lane Winchester, Virginia 22601 Dodge avenue W.4Mchester.., Virginia 22601 9 s 1E)? A/ Dc � j o Au t ---- - - /l ve�- C • BZA REVIEW DATE: 12/15/92 VARIANCE #029-92 PERRY R. COOPER LOCATION: Off of Woodstock Lane at 210 Brown Street MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 54-A-116 and 54-A-118 PROPERTY ZONING & USE: Zoning - RP (Residential Performance) Land use - residential and auto repair ADJOINING PROPERTY ZONING & USE: Zoning - RP (Res. Performance) Land use - residential, vacant and City wildlife preserve APPEAL: Applicant appeals the decision of the Zoning Administrator that was conveyed to the applicant in a September 29, 1992 letter from Lanny Bise, II, Planner I. This letter advised Mr. Cooper that his automobile repair business operating in an RP zoning district was not authorized and that he would be required to cease operations within 30 days. REASON FOR APPEAL: Applicant desires to continue operating his automobile repair business. STAFF COMMENTS: Acting on several complaints, it was determined in July of 1992, that Mr. Perry R. Cooper was operating an automobile repair facility in a garage belonging to his brother and located in the Residential Performance Zoning District. This is not a permitted use in this zoning district and would set a very inappropriate precedent if allowed to continue. This type of land use will usually have some negative impacts such as hours of operation, traffic generation, storage of parts and equipment, etc., on adjoining properties. Although the appellant has stated that part time automotive repair has been carried on at this location for an undetermined number of years prior to becoming a full time repair facility, this does not in any way qualify this operation for being classed as a legal nonconforming use. What has clearly happened in this case is that since it has been operating as a full time facility, starting in 1984 or 1985, the intensity of use has increased until it is now having a negative impact on the neighborhood. Conflicting personalities may have entered into the equation that generated the complaints but the bottom line remains that this type of operation is not, and should not, be allowed in this zoning district. The staff has met with Mr. Cooper on several occasions to thoroughly evaluate this situation and to suggest alternatives. These meetings have included County officials including members of the Board of Supervisors. We have advised Mr. Cooper that we stand ready to help him with necessary permits or other procedures if he could determine a suitable alternate location for his business. STAFF RECOMMENDATIONS: That the Board uphold the decision of the Zoning Administrator that Mr. Perry R. Cooper must cease operation of an automobile repair facility located at 210 Brown Street in the Residential Performance Zoning District. 1. The applicant is the owner 2. APPLICANT: NAME: PERRY R. COOPER ADDRESS 210 Brown Street Winchester,' VA 22602 TELEPHONE: 667-6461 3. The property is located at: other. XX . (Check one) OCCUPANT: (if different) HELEN N. COOPER NAME: HAROLD E. COOPER ADDRESS: 210 Brown Street Winchester, VA 22602 TELEPHONE: 662-5502 (daughter) (please give exact directions) Woodstock Lane - Cross over 81 overpass - 4 houses on left (last house has hedge row) Turn left on dirt road - only house and garage on right side 4. The property has a road frontage of 283 feet and a depth of 300 feet and consists of 2.23 acres. (please be exact) 5. The property is owned by Harold E. & Helen N. Cooper as evidenced by deed from Ora Murphy recorded (previous owner) in deed book no. 341 on page 86 registry of the County of Frederick. and in deed book no. 347, page 118, from Ethel Brown. 54 A 116 - 2 acres 54 A 118 - .23 acre 6. Magisterial District: Shawnee 54 A 116 - 2 acres 7. 21-Digit Property Identification No.: 54 A 118 - .23 acre 8. The existing zoning of the property is: RP 9. The existing use of the property is: residence & garage 10. Adjoining Property: USE ZONING Land - wooded area North City wildlife preserve East " It " South Mrs. Brown's residence RP West Deborah Kline Settle's residence RP • The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property for which the variance is being sought. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list complete 21-digit number.) NAME Mrs. Ethel N. Brown Address 1304 Woodstock Lane, Winchester, VA Property ID# 54 A 117 Deborah M. (Kline) Settle Address 109 Brown St., Winchester, VA Property ID# 54C A 12 Mr. James Omps Address 207 Brown St., Winchester, VA Property ID# 54C A 13 City of Winchester Address City Hall, Attn: Ed Daly, City Mgr. Winchester VA 22601 Property ID# 54 A 119 Mrs. C. H. Dove Address 206 Dodge Ave., Winchester, VA Property ID# 54C A 4 & 54C A 5 Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# • i Please use this page for your sketch of the property. Show proposed and/or existing structures on property, including measurements to all property lines. Please include any other exhibits, drawings or photographs with this application. Adjoining 1 Prooert • YOUR PROPERTY � Adjoining Propert 1 Z 11 i n tAddi, $ flan J4�� 1 I 4I ------'---' ----Center of Rood ------ Rood SHOW THESE MEASUREMENTS G1Rl� L E I December 1, 1992 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: PERRY R. COOPER ADMINISTRATIVE APPEAL #029-92: to appeal the determination of the Zoning Administrator regarding an auto repair garage in the Residential Performance district. This property is located on Woodstock Lane in the Shawnee District and is identified as GPIN 64F000A000001E. This appeal will be considered by the Frederick County Board of Zoning Appeals at their meeting of December 15, 1992, at 3:25 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, W. Wayn Miller Zoning dministrator WWM/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 -�Z This is to certifyy th he attached correspondence wailed to the following on December 1, 1992 from the Department of Planning and Development, Frederick County, Virginia: 154 A Deborah M. Kline Settle C OOF:,E:R, HAROLD E. & FIE:L..EN N. 109 Brown Street 210 BROWN STREET WINCHESTER, VA.. Winchester, Virginia 22601 .?.: 601. -•- 5 CROWN, DAVII) L. & Ei-f-IE:L J-304 A �'�-'7 James Omps 207 Brown Street WOODSTOCK LANs::: WINCHESTER, VA Winchester, Virginia 22601 22601.-•• KL:I: NE, 1)cBORAH M. My1."l S4C, A 1'} C.H. Dove BROWN STREET WINCHESTER, 206 Dodge Avenue VA. Winchester, Virginia 22601 Perry R. Cooper 0Mi-.S, JAME:S R. :�,4C• A :I- x 210 Brown Street 1215 AL.EXANI)ER STRE:E•.'r' HONOLL)LU, Winchester, Virginia 22601 HA 96l±322-•- Mckee & Butler WINCHESTER, CITY OF.- �� A � �'{'� Attn: Ben Butler BOX 263 P.O. Drawer 2097 WINCHESTER, VA. Winchester, Virginia 22604 54C: A 4 I)GVIZ, F-REI)ERICK LEE & CAROL.F.::fE: 3-i5 JACKSON AVF:NUI:" WINC:HEST'F. R, VA. 22601.-- STATE OF VIRGINIA COUNTY OF FREDERICK I, Renee' S. Arlotta t W. Wayne Mi er, Z ning Administrator Frederick 96unty Dept. of Planning , a Notary Public in and for the state and county aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated December 1, 1992 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 1 day of December My commission expires on August 31, 1995 NOTAr PUBLI, �992 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 October 27, 1992 Mr. Benjamin M. Butler McKee and Butler Attorneys at Law 11 South Cameron Street Winchester, VA 22601 Dear Ben: This letter confirms the receipt of your letter dated October 26, 1992 wherein you request an appeal of the decision that was made pertaining to the automobile repair facility operated by Mr. Perry R. Cooper. Our decision is that the repair facility is in violation of the Frederick County Zoning Ordinance since the ordinance does not permit auto repair facilities in the Residential Performance (RP) Zoning District where this property is located. I will stay any further action pertaining to this situation until this appeal is formally heard by the Board of Zoning Appeals (BZA). At this time I would anticipate that this appeal will be heard on December 15, 1992, at the regularly scheduled meeting of the BZA. You and your client will be notified of the officially scheduled time at a later date. I will be available to answer any questions you may have. Si erely, W. Wa e Miller Zoning Administrator WWM/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 PETER X. MCKBE (1934-1967) BmxjAmN M. BUTLER STEPHEN G. BUTLER MZCHAE'.G L. B$YA`N McMsE AND BUTLER ATTORNEYS AT LAW 11 SOUTB CA:BMUON STREET P. O. DRAWER 2097 WINCHEsTEn, VIEGINIA 22601-1297 October 26, 1992 Mr. Wayne Miller Frederick County Zoning Administrator 9 North Loudoun Street Winchester, Virginia 22601 BY HAND Re: Perry R. Cooper/Cooper's Garage My File No. 7184 Dear Wayne: AREA CODE 703 TELEPHONE 662-3486 FAX 703-722-3787 PLEASE REPLY TO: P. 0. DRAwER 2097 This letter will confirm the appeal of the decision of Lanny C. Bise, II embodied in his letter of September 29, 1992. I am enclosing herewith information concerning the property, which should be of assistance in having the BZA reach its decision. Please let me know when the BZA will be holding a hearing on the same. Very truly yours, BMB : f h cc: Perry Cooper i COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 CERTIFIED MAIL September 29, 1992 Mr. Perry Cooper 210 Brown Street Winchester, Va 22601 Dear Mr. Cooper: On behalf of Mr. Richard Dick, Mr. Harrington Smith, Mr. Wayne Miller and myself, I would like to thank you for taking the time to meet with us on September 16. As we have stated before, the operation of an auto repair facility is prohibited in the Residential Performance zoning district. Based on the history of your business you have provided, our position is that in order for your business to be considered legal nonconforming, meaning it was established prior to the Zoning Ordinance, it would had to have been operating as a,full time auto repair facility prior to 1974, the effective date of the current Zoning Ordinance. During the meeting between you, Wayne Miller and myself on September 15th, you stated that you have done various repair work in your present facility since the late 1960's. However, when asked when you quit your regular job to do auto repair on a full time basis at your present location, you stated it was 1984. I believe this is the key to determining the legality of your operation. Many people do repair work to farm equipment, vehicles, etc. within the confines of their garage or accessory building. They may even do the work for a friend or a neighbor in return for compensation. Just because the work was performed does not mean that a business has been established on that particular property. As a result of our findings, this office will require that you cease operations within thirty days of the receipt of this letter. If you are in disagreement with this determination and feel you have documented evidence proving you are a legal nonconforming use, you may appeal it to the Board of Zoning Appeals, and if our decision is upheld by the Board of Zoning Appeals, you may appeal their decision to the Circuit Court, according to the procedures set forth in the Code of Virginia. 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Page -2- P.Cooper Ltr. September 29, 1992 The County regrets having to close the business of any citizen, however, this office does have an obligation to uphold the Zoning Ordinance and protect property owners from adverse impacts associated with land uses that are not compatible with the character of the neighborhood. Please have your attorney contact me regarding any questions you may have. Sincerely, Lanny C. Bise, II Planner I LCB/slk cc: Mr. Richard Dick, Chairman of the Board of Supervisors Mr. Harrington Smith, Shawnee District Supervisor Mr. Wayne Miller, Zoning Administrator Mr. Robert Watkins, Director of Planning Mr. Douglas M. Swift, Jr., Attorney I RANDALL R. HAMILTON, P.C. ATTORNEYS AT LAW 113 SOUTH KENT STREET WINCHESTER. VIRGINIA 22601 (703) 667-1212 (703) 667-1383 RANDALL R. HAMILTON ASSOCIATE December 1, 1992 CHRISTIAN J. GRIFFIN Mr. Wayne Miller Zoning Administrator - Frederick County 9 North Loudoun Street Winchester, Virginia 22601 Dear Mr. Miller: This letter is a request for information pursuant to the Virginia Freedom of Information Act. At your earliest convenience, kindly provide this office with copies of any and all documents, letters or other papers having any connection whatsoever with either Harold Cooper or Perry R. Cooper and real estate in Frederick County, Virginia. I will be pleased to remit payment for reasonable charges for such copies. With kind regards, Sincerely, Randall R. Hamilton RRH/srw COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 December 3, 1992 Mr. Randall R. Hamilton Attorney at Law 113 South Kent Street Winchester, VA 22601 Dear Mr. Hamilton: Per your request pursuant to the Virginia Freedom of Information Act, please find requested information pertaining to Mr. Harold Cooper and Mr. Perry R. Cooper enclosed. One group of the enclosed information is the violation file and one is the file pertaining to the appeal to the Board of Zoning Appeals of my decision that the automotive repair facility of Mr. Perry R. Cooper is in violation of the zoning ordinance and must be closed. There is no other known information pertaining to these two individuals on file in this office. I will be available to answer any questions you may have. Sincerely ' W. Wayrdm=istrator er Zoning WWM/slk enclosure cc: John R. Riley, Jr., County Administrator Larry R. Ambrogi, Commonwealth's Attorney 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 1. The applicant is the owner 2. APPLICANT: NAME: PERRY R. COOPER ADDRESS 210 Brown Street Winchester, VA 22602 TELEPHONE: 667-6461 other XX (Check one) OCCUPANT: (if different) HELEN N. COOPER NAMSE: HAROLD E. COOPER ADDRESS: 210 Brown Street Winchester, VA 22602 TELEPHONE: 662-5502 (daughter) 3. The property is located at: (please give exact directions) Woodstock Lane - Cross over 81 overpass - 4 houses on left (last house has hedgerow) Turn left on dirt road - only house and aaraae on riaht side 4. The property has a road frontage of 283 feet and a depth of 300 feet and consists of 2.23 acres. (please be exact) 5. The property is owned by Harold E. & Helen N. Cooper as evidenced by deed from Ora Murphy recorded (previous owner) in deed book no. 341 on page 86 registry of the County of Frederick. and in deed book no. 347, page 118, from Ethel Brown. 54 A 116 - 2 acres 54 A 118 - .23 acre 6. Magisterial District: Shawnee 54 A 116 - 2 acres 7. 21-Digit Property Identification No.: 5d A 118 - .2 3 a . 8. The existing zoning of the property is: RP 9. The existing use of the property is: residence & garage 10. Adjoining Property: USE ZONING Land - wooded area North City wildlife preserve East " " It South Mrs. Brown's residence RP West Deborah Kline Settle's residence RP The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property for which the variance is being sought. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list complete 21-digit number.) NAME Mrs. Ethel N. Brown Address 1304 Woodstock Lane, Winchester, VA Property IDS 54 A 117 Deborah M. (Kline) Settle Address 109 Brown St., Winchester, VA Property Address IDS 54C A 12 207 Brown St., Winchester, VA Mr. James Omps Property IDm 54C A 13 City of Winchester Address City Hall, Attn: Ed Daly, City Mgr.i Winchester VA 22601 I Property IDS 54 A 119 Mrs. C. H. Dove Address 206 Dodge Ave., Winchester, VA i Property IDS 54C A 4& 54C A 5 i Address Property IDS Address i Property IDm Address Property ID, Address. Property IDm Address Property IDm Address Property IDm f 1 Please use this page for your sketch of the property. Show proposed and/or existing structures on property, including measurements to all property lines. Please include any other exhibits, drawings or photographs with this application. LAdic:nr•.q Prcoerty YOUR PROPERTY Adloinino Property ;1 1 � 1 r tlOn J� 7 I j1P�certy Line i - --�--" '-- -----=Center of Road------------- Rood--- _ F THESEE MEASUREMENTS 1 r� :r r) • I PETER ii. MCKEE (1934-1967) BENJA-dxN M. BUTLER STEPHMN G. BUTLER mxcHAi1L L. BRYAN MCKEE A.1VD BtiTLE$ ATTORNEYS AT LAW 11 SOUTH CA3xERON STREET P.O. DRAWER 2097 WLvcHESTER. VIRGL-7L1 22601 -1297 October 26, 1992 Mr. Wayne Miller Frederick County Zoning Administrator 9 North Loudoun Street Winchester, Virginia 22601 BY HAND Re: Perry R. Cooper/Cooper's Garage My File No. 7184 Dear Wayne: AREA CODE 703 TELEPHONE 662-3486 PA.Y 703-722-3787 PLEASE REPLY TO: P. O. DRAWER 2097 This letter will confirm the appeal of the decision of Lanny C. Bise, II embodied in his letter of September 29, 1992. I am enclosing herewith information concerning the property, which should be of assistance in having the BZA reach its decision. Please let me know when the BZA will be holding a hearing on the same. Very truly yours, McKEE.and BUTLER. l� BENJAMIN M. BUTLER' BMB : f h cc: Perry Cooper COUN-TY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 ; 67S-0682 CERTIFIED MAIL September 29, 1992 Mr. Perry Cooper 210 Brown Street Winchester, Va 22601 Dear Mr. Cooper: On behalf of Mr. Richard Dick, Mr. Harrinaton Smith, Mr. Wavne Miller and mvself. I would like to thank you for taking the time to meet with us on September 16. As we have stated before, the operation of an auto repair facility is prohibited in the Residential Performance zoning district. Based or_ the history of your business you have provided, our position is that in order for your business to be considered legal nonconforming, meaning it was established prior to the Zoning Ordinance, it would had to have been operating as a full time auto repair facility prior to 1974, the effective date of the current Zoning Ordinance. During the meeting between you, Wayne Miller and myself on September 15th, you stated that you have done various repair worm in your present facility since the late 1960's. However, when asked when you quit your regular job to do auto repair on a full time basis at your present location, you stated it was 1984. I believe this is the key to determining the leaa,lity of your operation. Many people do repair work to farm equipment, vehicles, etc. within the confines of their garage or accessory building. They may even do the work for a friend or a neighbor in return for compensation. Just because the work was performed does not mean that a business has been established on that particular property. As a result of our findings, this office will require that you cease operations within thirty days of the receipt of this letter. If you are in disagreement with this determination and feel you have documented evidence proving you are a legal nonconforming use, you may appeal it to the Board of Zoning Appeals, and if our decision is upheld by the Board of Zoning Appeals, you may appeal their decision to the Circuit Court, according to the procedures set forth in the Code of Virginia. 9 North Loudcun Street P.O. Box 601 1t'indhester, VA 22601 Winchester, VA 226G= Page -2- P.Cooper Ltr. September 29, 1992 The Counry regrets having to close the business of any citizen, however, this office does have an obligation to uphold the Zoning Ordinance and protect property owners from adverse impacts associated with land uses that are not compatible with the character of the neighborhood. Please have vour attomev contact me regarding any questions you may have. Sincerely, Lanny C. Bise, II Planner I LCB;'slk cc: Mr. Richard Dick, Chairman of the Board of Supervisors Mr. Harrinaton Smith, Shawnee District Su-jervisor _Mr. Wavne Miller, Zoning Administrator Mr. Robert Watkins, Director of Planning Mr. Douglas M. Swift, Jr., Attorney a COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 October 27, 1992 Mr. Benjamin M. Butler McKee and Butler Attorneys at Law 11 South Cameron Street Winchester, VA 22601 Dear Ben: This letter confirms the receipt of your letter dated October 26. 1992 wherein you request an appeal of the decision that was made pertaining to the automobile repair facility operated by Mr. Perry R. Cooper. Our decision is that the repair facility is in violation of the Frederick County Zoning Ordinance since the ordinance does not permit auto repair facilities in the Residential Performance (RP) Zoning District where this proper-,,, is located. I will stay any further action pertaining to this sit=ion until this appeal is formally heard by the Board of Zoning Appeals (BZA). At this time I would anticipate that this appeal will be heard on December 15, 1992, at the regularly scheduled meeting of the BZA. You and your client will be notified of the officially scheduled time at a later date. I will be available to answer any questions you may 'gave. Sincerely, W. WVati e Miller Zoning dministrator WWM/slk 9 North Loudoun Street P.O. Box 601 %Vinchcster, VA 31601 Winchester, VA 2260-1 rim-, mor 14---4 zt-, �� �IIIIIIII�� ID cl 3 ID H,-J �, n H I CERTIFIED MAIL August 24, 1992 Mr. Perry Cooper 210 Brown Street Winchester, Va 22601 Dear Mr. Cooper: COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 This letter is to verify our recent conversation concerning the activities that are occurring at your residence. As we discussed, the operation of an automobile repair garage is prohibited in your zoning district (Residential Performance). This type of land use often times has an adverse impact on surrounding properties due to hours of operation, traffic, storage of equipment, etc. You basically have two options before you-- 1) cease operation of your business, or 2) prove that you were in business prior to February 13, 1974, the effective date of the Zoning Ordinance, which would then make you a legal nonconforming use. You mentioned to me over the phone that you are considering the possibility of hiring legal counsel. If so, please advise him/her that I am available to answer any questions they might have. I will expect an answer form you immediately following the receipt of this letter as to your intentions. Please contact me regarding any questions. Sincerely, Lanny C. Bise, II Planner I 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 )�R 9p5 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 CERTIFIED MAIL September 29, 1992 Mr. Perry Cooper 210 Brown Street Winchester, Va 22601 Dear Mr. Cooper: On behalf of Mr. Richard Dick, Mr. Harrington Smith, Mr. Wayne Miller and myself, I would like to thank you for taking the time to meet with us on September 16. As we have stated before, the operation of an auto repair facility is prohibited in the Residential Performance zoning district. Based on the history of your business you have provided, our position is that in order for your business to be considered legal nonconforming, meaning it was established prior to the Zoning Ordinance, it would had to have been operating as a full time auto repair facility prior to 1974, the effective date of the current Zoning Ordinance. During the meeting between you, Wayne Miller and myself on September 15th, you stated that you have done various repair work in your present facility since the late 1960's. However, when asked when you quit your regular job to do auto repair on a full time basis at your present location, you stated it was 1984. I believe this is the key to determining the legality of your operation. Many people do repair :work to farm equipment, vehicles, etc. within the confines of their garage or accessory building. They may even do the work for a friend or a neighbor in return for compensation. Just because the work was performed does not mean that a business has been established on that particular property. As a result of our findings, this office will require that you cease operations within thirty days of the receipt of this letter. If you are in disagreement with this determination and feel you have documented evidence proving you are a legal nonconforming use, you may appeal it to the Board of Zoning Appeals, and if our decision is upheld by the Board of Zoning Appeals, you may appeal their decision to the Circuit Court, according to the procedures set forth in the Code of Virginia. 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Paae -2- P.Cooper Ltr. September 29, 1992 The County regrets having to close the business of any citizen, however, this office does have an obligation to uphold the Zoning Ordinance and protect property owners from adverse impacts associated with land uses that are not compatible with the character of the neighborhood. Please have your attorney contact me regarding any questions you may have. Sincerely, Lanny C. Bise, II Planner I LCB/slk cc: Mr. Richard Dick. Chairman of the Board of Supervisors "vIr. Harrington Smith, Shawnee District Supervisor Mr. WavneyMiller. Zoning Administrator Mr. Robert Watkins, Director of Planning Mr. Douglas M. Swift, Jr., Attorney LAW OFFICES SWIFT & BUCHBAUER. P C. 215 SHARP STRE_T WINCHESTER, VIRGINIA 22601 DOUGLAS - SWIFT, JR. POST OFFICE OPAWEP 390 PETER W. BUCHBAUER AREA CODE 703 JENNIFER R. SANTA BARBARA TELEPHONE 662-0003 August 28, 1992 Mr. Lanny C. Bise, II Planner I County of Frederick Department of Planning and Development P. 0. Box 601 Winchester, Virginia 22604 RE: PERRY COOPER OUR FILE NUMBER: 92-0416 Dear Mr. Bise: Your certified letter of August 24 has been referred to this office for response. I believe Mr. Cooper has previously told somebody from your office that the premises in question has been used for motor vehicle repairs on a continuous basis for a period in excess of twenty-two (22) years. Based upon conferences with Mr. Cooper, I believe we will be able to prove the foregoing to the satisfaction of the Frederick County General District Court should that be necessary. + Yours very sincerely, �l , Dougla M. S 'f , Jr. DMS:bj cc: Mr. Perry Cooper 6�7,12 loope� /� ? /Lo ? ��, �� cu— �-G Us VA, 12 74-hc,— ap, LAW OFFICES SWIFT & BUCHBAUER, P. C. 215 SHARP STREET WINCHESTER, VIRGINIA 22601 DOUGLAS M. SWIFT, JR. PETER W. BUCHBAUER JENNIFER R. SANTA BARBARA Mr. Lanny C. Bise, II Planner I County of Frederick Department of Planning Development P. 0. Box 601 Winchester, Virginia RE: PERRY COOPER OUR FILE NUMBER: Dear Mr. Bise: POST OFFICE DRAWER 890 September 16, 1992 and 22604 92-0416 AREA CODE 703 TELEPHONE 662-0003 I have learned from my client, Perry Cooper, that you suggested he drop by your office on September 15 without counsel and that he did so. Mr. Cooper further tells me he was advised by you or someone else in your Department that grandfathering would not be applicable to his use of the Woodstock Lane premises and that you intended to shut him down. Neither Mr. Cooper nor I are particularly happy about your calling him to your office for the purpose of discussing legal matters on September 15, particularly since you had to be aware of the consequence of my letter of'August 28 to you that he was represented by counsel and you should have been able to deduce that he retained legal counsel for the specific purpose of representation and advice concerning legal issues. From this point forward (unless otherwise advised by this office) all of your communications to Mr. Cooper are to be routed through this office. 1 Please feel free to contact me if you have any questions about the foregoing. Yours very sincerely, Douglas M. Swift, Jr. DMS:bj cc: Mr. Perry Cooper LAW OFFICES SWIFT & BUCHBAUER, P. C. 215 SHARP STREET WINCHESTER, VIRGINIA 22601 DOUGLAS M. SWIFT, JR. POST OFFICE DRAWER 690 PETER W. BUCHBAUER AREA CODE 703 JENNIFER R. SANTA BARBARA TELEPHONE 662-0003 September 8, 1992 Mr., Perry Cooper 135 Fairlane Winchester, Virginia 22601 RE: OUR FILE NUMBER: 92-0416 Dear Perry: This will confirm my understanding that you are planning to get one (1) or more people together for the purpose of talking with me about your zoning matter. I believe it would be a good idea to do this just as promptly as possible. Yours very sincerely, Douglas M. Swift, Jr. DMS : b j 11 TO: THE FILE FROM: DMS RE: PERRY CCOPER FILE OUR FILE NUMBER: 92-0416 DATE: 9/4/92 DMS: I'm talking with Robert S. Lockhart, 1441 Baker Lane, Winchester, Virginia 22601, 703-667-2790. Mr Lockhart you are familiar with the site that we are talking about thao. Cooper is using as an automobile repair shop are you not? Mr. Lockhart: Yes sir, I am. DMS: How long have you been familiar Vi.th the location? Mr. Lockhart: Since the early 70's. DMS: Can you describe how it is that you came to be familiar with it? Were you living in the area or did you have same sort of business in the area or how is it you were familiar with the area? Mr. Lockhart: We had a farm on Berryville Avenue and had equipment we took to him to work on periodically back in -the early 701s. DMS: When you say the early 70's car_ you describe the earliest to your recollection that it was being used for that purpose? Mr. Lockhart: I think it was around 71 or 72. DMS: Can you tell me what kind of farm equipment he was working on? Mr. Lockhart: This was a Ford Tractor. DMS: Was that the only equipment he was working on for you at the time? Mr. Lockhart: Yes. DMS: Was there any other type of motor vehicle equipment being worked on at that time when you were there? I'm speaking in the early 70's. Mr. Lockhart: Well not specifically at that time, but I know that he worked on equipment there -and did same automobile repairs. DMS: That was what I was curious about. You were aware that the automobile repairs were being done at the time at that location, is that correct? Mr. Lockhart: That is correct. DMS: I have never seen the place. How many bays -were being used at the time do you recall? Mr. Lockhart: Well at that time I think he just had that one bay. DMS: I think that is all for now. Can you add anything at this time? I may prepare an affidavit for you to look at and let me know if it looks OK and you feel that it is correct and then sign it and acknowledge it. If it isn't right then we will make it right. We don't want anything that isn't correct. The second person that I'm going to ask questions to is Lewis F. Hitt, 806 Sir John Road, Post Office Box 237, Clearbrock, Virginia, 703-662-0178. Mr. Hitt basically I'm going to ask you the same questions. Are you familiar with the site? How long have you been familiar with it? Mr. Hitt: Since the early 70's. At that time I did not live here. DMS: OK. Mr. Hitt: I came through here in a 1962 Ford truck. I had trouble and that uas the only place I could get out of the truck. DMS: Do you recall around what year that eras? Mr. Hitt: Early 71. I lived in Maryland and had a sister that lived in West Virginia. The truck was taken to the shop and worked -on. At that time it was just a one bay garage. DMS: Used for automobile repairs? Mr. Hitt: There was motors, automobiles and dair✓ at the time and other cars ware there at the time. DNLS: It appeared to be used for automobile repairs at the time? Mr. Hitt: Yes. DMS: That Year, You are quite certain it would be in 70 or 71? Mr. Hitt: Yes sir, I can tell you the reason, I know because at that given time my car was a 62 Pontiac. At the time I had just bought a 69 Cadillac but I was not driving it, I was driving my truck. DMS: What kind of Ford Truck? Mr. Hif-t: Pickup. I believe the fuel pump was bad on it and something else. DMS: Who worked on it? Mr. Hitt: Mr. Cooper. DMS: Was Mr. Cooper working at that time? Did you say that it appeared that they were selling accessories at that time? Mr. Hitt: I wouldn't say that he was selling accessories. I would just say that he had scme there that he was using for for repairs. DMS: In other words he kept a stock of maybe fan belts and maybe some other things? Mr. Hitt: A couple of fan belts were bad on it at the time. DMS: OK, so you were satisfied that it was being used for a motor vehicle place? Mr. Hitt: Yes. DMS: Did you just happen to find it going through town? Mr. Hitt: No, I was told about it. DMS: Who told you about it? Mr. Hitt: I couldn't answer that. DMS: You are a full-time resident of Frederick County as of now? Mr. Hitt: Yes. DMS: How long have you been a resident? Mr. Hitt: Since 86. DMS: Is there anything else you feel I haven't asked you, that you think might be important? Mr. Hitt: I can't think of anything right now. DMS: Next is Noah Berg he lives at 817 Fog Hollow Pcad, Winchester, Virginia 22601, Mr. Beni how did you became acquainted with the location? Mr. Berg: Well, I left here in 69 and went to Dover, Delaware and in March of 71 m_y father had a stroke and I came back through here and I met Perry at Donut Diner. The water pump was out on my car, and he took my car down to be garage and put one on it. DMS: 4,Len you went down there was it apparent that the garage was being used for a normal course of business for aut(: mbi1 e repairs? Mr. Berg: Yes. DMS: %Did it appear that it might be doing a little bit of repairs on farm equipment also? Mr. Berg: Yes, because he had I believe it was his brothers tractor tore down at the time. DMS: Was ther4evidence of other automobiles in the area that were going to be repaired or do you racall? Mr. Berg: There was another car there that he was supposed to start working on I know Monday. DNIS: Was it a single bay operation at the time? Mr. Berg: At that time, yes. DMS: Was it apparent that he had stocked items for work on the vehicles? Mr. Berg: Yes, fan belts all kinds of parts. You could tell it was being used for automobile repairs. DMZ: Was that your first acquaintance with Mr. Cooper? Mr. Berg: Yes, he had worked on my car several times after that and then in 1980 I moved back up here and he has worked cn my cars every since. DMS: To your knowledge has the place been used on a continuous basis since 1970 for automobile repairs? Mr. Berg: Fran my impression it would have been , by the looks of it and the pools and everything he had in there. DMS: Would that be your impression Mr. Hitt? Mr. Hitt: Yes sir, and there is one thing that I could add to my statement. He has done all my repairs since 1986 because I moved here. DMS: Ok, so far so good. We might be able to find somebody to say that it was used on a continous basis, I guess, I might ask Mr. Lockhart maybe he knows. I will call him and ask him. Mr. Hitt says it has been since he came back. Mr. Beni: There has been quite a few times that I would come out here and visit daddy in the hospital and if anything ever happened to the car I would always take it cut there to have it repaired. DMS: Now we are going to Mr. Dailey he is 77 years old and probably deserves a metal for getting here in the first place. Lawrence R. Dailey, 206 Dodge Aveneu, Winchester; Virginia, 22601, 703--62-4003. Now Mr. Cooper has already told me that Mr. Dailey lives right next to the station. Can you tLl me how many years you have lived there? Mr. Dailey: Around 20 years? DMS: That would put us back to 1972 would you say? Mr. Dailey: Around there, yes. DMS: Can you tell me whether you are in a position to say that it has been used for automobile repairs from the time you became acquainted with it riot up to the present time? Mr. Dailey: I can, I lived there even when they built onto iti They built another garage onto it. I use to take my truck and car over there to be worked on. DI -IS. They have been a fairly good neighbor? Mr. Dailey: They have been a good neighbor to me. DNS: Do you remember off hand when they put the addition on? Mr. Dailey: No, not really. DMS: Can you tell me Perry? Mr. Cooper: I believe it was 73 or 74. I believe it was 74. A DMS: Did you increase the stalls? Mr- Cooper: It Only made it bigger, it didn't increase the bays. DMS: It increased the size of it? Mr. Cooper: Yes. Mr. Dailey: It still only had one bay. DMS: You have lived there and have know question about that in your mind, right? Mr. Dailey: Right. DMS: Has it been used mostly for auto mbile and farm equipment repairs? Mr. Dailey: Yes. He always has plenty of then around there to work on. DMS: Next I'm going to get perry Cooper just to give me a runwn do, perry cen did you start to work out there? Mr. Cooper: I started working out there in 68 and 69 at nights. Whenever I needed a piece of machinery worked on or when I was dawn in Berryville I would bring it up here to work on. DMS: You were working on your own machinery? Mr. Cooper: Some of it, yes. DMS: Then some of it frcan others? When did ycu shift over to cars and trucks? Mr. Cooper: I worked on everything back then. If I needed my pickup somebody needed a truck worked on I would take it up there to work on it. DMS: Where did You learn about mechanics? Mr. Cooper: I learned back in the 601s. I worked for Kern Motor Company for 5 to 6 Year's then I went to work in the city and worked down there. That's where I went to school on them all. DMS: So primarily you have been working on automobiles but if you can work on them You can, work on tractors? Mr. Cooper: The older tractors are easier, yes. DMS: I got what I needed. How long have you been full time? Mr. Cooper: 85 to this time. That is my brothers place, he was working out of there from time to time. He never worked there full time, just part time. DMS: But when did you start working weekends? Mr. Cooper: Back in the 601s. DMS: Then basically you didn't start working full time there until the 80's? Mr. Cooper: Yes, about 85. I worked nights there. I worked someplace else during the days and there at nights. DMS: And how about your brother? What was his work schedule? What did he no=nally work there? Mr. Cooper: Mienever he wasn't out on the road. DPAS : Was he a driver? Mr- Cooper: Yes, part-time but it has always been his garage. " o C S.. - L, 2j L! rJt. of DOUGLAS `A SWIFT, JR. PETER W 3UCHBAUER JENNIFER R. SANTA BARBARA LAW OFFICES SWIFT & BUCHBAUER, R. C. 215 SHARP STPEE- WINCHESTER, VIRGINIA 22601 POST OFFICE DRAWEP 890 September 16, 1992 Mr. Lanny C. Bise, II Planner I County of Frederick Department of Planning Development P . 0. Box 601 Winchester, Virginia and 22604 RE: PERRY COOPER OUR FILE NUMBER: 92-0416 Dear Mr. Bise: AREA CODE 703 TELEPHONE 662-0003 I have learned from my client, Perry Cooper, that you suggested he drop by your office on September 15 without counsel and that he did so. Mr. Cooper further tells me he was advised by you or someone else in your Department that grandfathering would not be applicable to his use of the Woodstock Lane premises and that you intended to shut him down. Neither Mr. Cooper nor I are particularly happy about your calling him to your office for the purpose of discussing legal matters on September 15, particularly since you had to be aware of the consequence of my letter of August 28 to you that he was represented by counsel and you should have been able to deduce that he retained legal counsel for the specific purpose of representation and advice concerning legal issues. From -t.o1+a- forward /� ii1CJJ vthcrW1Sc auViSed byi this vrr lC' all of your communications to Mr. Cooper are to be routed through this office. 0 Please feel free to contact me if you have any questions about the foregoing. Yours very /sincerely, 'z Douglas M. Swi ,'Jr. DMS:bj cc: Mr. Perry Cooper COLEY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 CERTIFIED MAIL September 29, 1992 Mr. Perry Cooper 210 Brown Street Winchester, Va 22601 Dear Mr. Cooper: On behalf of Mr. Richard Dick, Mr. Harrington Smith, Mr. Wayne Miller and mvself. I would like to thank you for taking the time to meet with us on September 16. As we have stated before, the operation of an auto repair facility is prohibited in the Residential Performance zoning district. Based on the history of your business you have provided, our position is that in order for your business to be considered legal nonconforming, meaning it was established prior to the Zoning Ordinance, it would had to have been operating as a full time auto repair facility prior to 1974, the effective date of the current Zoning Ordinance. During the meeting between you, Wayne Miller and myself on September 15th, you stated that you have done various repair work in your present facility since the late 1960's. However, when asked when you quit your regular job to do auto repair on a full time basis at your present location, you stated it was 1984. I believe this is the key to determining the legality of your operation. Many people do repair work to farm equipment, vehicles, etc. within the confines of their garage or accessory building. They may even do the work for a friend or a neighbor in return for compensation. Just because the work was performed does not mean that a business has been established on that particular property. As a result of our findings, this office will require that you cease operations within thirty days of the receipt of this letter. If you are in disagreement with this determination and feel you have documented evidence proving you are a legal nonconforming use, you may appeal it to the Board of Zoning Appeals, and if our decision is upheld by the Board of Zoning Appeals, you may appeal their decision to the Circuit Court, according to the procedures set forth in the Code of Virginia. 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Page -2- P.Cooper Ltr. September 29, 1992 The County regrets having to close the business of any citizen, however, this office does have an obligation to uphold the Zoning Ordinance and protect property owners from adverse impacts associated with land uses that are not compatible with the character of the neighborhood. Please have your attorney contact me regarding any questions you may have. Sincerely, Lanny C. Bise, II Planner I LCB/slk cc: Mr. Richard Dick, Chairman of the Board of Supervisors Mr. Harrington Smith, Shawnee District Supervisor Mr. Wayne Miller, Zoning Administrator Mr. Robert Watkins, Director of Planning Mr. Douglas M. Swift, Jr., Attorney LAW OFFICES SWIFT & BUCHBAUER. P C. DOUGLAS M SWIFT. JR. PETER w BUCHBAUER JENNIFER R. SANTA BARBARA Mr. Lanny C. Bise, II Planner I County of Frederick Department of Planning Development P . C . c,:;s o 01 Winchester, Virginia 2�5 S—RP STREE- WINCHESTER. VIRG;N11A 22601 POST CF=1C= DRAWER 330 September 16, 1992 and 22604 RE: PERRY COOPER OUR FILE NUMBER: 92-0416 Dear Mr. Bise: AREA CODE 703 TELEPHONE 662-0003 I have learned from my client, Perry Cooper, that you suggested he drop by your office on September 15 without counsel and that he did so. Mr. Cooper further tells me he was advised by you or someone else in your Department that grandfathering would not be applicable to :._s ,.:se of the Wcodstec.� La. -.a remises and that you intended to shut him down. Neither Mr. Cooper nor I are particularly happy about your calling him to your office for the purpose of discussing legal matters on September 15, particularly since you had to be aware of the consequence of my letter of August 28 to you that he was represented by counsel and you should have been able to deduce that he retained legal counsel for the specific purpose of representation and advice concerning legal issues. Frcm r^.01.:,. �or:•lard f :in1CJJ vthcr:JiS2 advised by -, 1S uffi" all of your communications to Mr. Cooper are to be routed through this office. Please feel free to contact me if you have any questions about the foregoing. Yours very sincerely, * " � ��-�'T g Dou las z Swi DMS:bj cc: Mr. Perry Cooper I, . `. _. .'+'"-fi+si+"�'-•i=ert ems.:+-•<�a.Tr.#.� - COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 September 18, 1992 Mr. Lawrence R. Ambrogi Frederick County Commonwealth Attorney 5 North Kent Street Winchester, VA 22601 Dear Larry: The attached letter concerns the situation with Mr. Perry Cooper that I discussed with you on the phone on September 17, 1992. I forward this to you per the instructions of Mr. Richard G. Dick and 11v1r. W. Harrington Smith, Jr. Also attached is a copy of a letter we received today from Mr. Swift, Mr Cooper's attorney. Notice that I have placed his name on the proposed letter to receive a copy of same. I believe this will be satisfactory. Request your approval to go forward with this letter to Mr. Cooper. I feel that there is a good possibility that some type of litigation could surface as a result of this action. Please feel free to suggest anv change to this letter that might enhance elimination of downstream problems. Request your comments in writing. Please give me a call if you have any questions. Sincerely, A-� tt W. "ayne Miller Zoning Administrator cc: Mr. Richard G. Dick, Chairman of the Board of Supervisors Mr. W. Harrington Smith, Jr., Shawnee District Supervisor Mr. John R. Riley, Jr., County Administrator 9 \orth Loudoun Strcct P.O. Box 601 Winchcstcr, VA 22601 Winchcster, VA 22604 i COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 CERTIFIED MAIL September 17, 1992 Mr. Perry Cooper 210 Brown Street Winchester, Va 22601 Dear Mr. Cooper: On behalf of Mr. Richard Dick, Mr. Harrington Smith, Mr. Wayne Miller, and myself, I would like to thank you for taking the time to meet with us on September 16. As we have stated before, the operation of an auto repair facility is prohibited in the Residential Performance zoning district. Based on the histor: of your business you have provided, our position is that in order for your business to be considered legal nonconforming, meaning it was established prior to the Zoning Ordinance, it would had to have been operating as a full time auto repair facility prior to 1974, the effective date of the current Zoning Ordinance. During the meeting between you, Wayne Miller and myself on September 15th, you stated that you have done various repair work in your present facility since the late 1960's. However, when asked when you quit your regular job to do auto repair on a full time basis at your present location, you stated it was 1984. I believe this is the key to determining the legality of your operation. Many people do repair work to farm equipment, vehicles, etc. witWnl the confines of their garage or accessory building. They may even do the work for a friend or a neighbor in return for compensation. Just because the work was performed does not mean that a business has been established on that particular property. As a result of our findings, this office will require that you cease operations within thirty days of the receipt of this letter. If you are in disagreement with this determination and feel you have documented evidence proving you are a legal nonconforming use, you may appeal it to the Board of Zoning Appeals, and if our decision is upheld by the Board of Zoning Appeals, you may appeal their decision to the Circuit Court, according to the procedures set forth in the Code of Virginia. 9 'North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 226041 Page -2- P.Cooper Ltr. September 17, 1992 The County regrets having to close the business of any citizen, however, this office does have an obligation to uphold the Zoning Ordinance and protect property owners from adverse impacts associated with land uses that are not compatible with the character of the neighborhood. Please contact me reQar ing any questions you may have. Sincerely, Lanny C. Bise, II Planner I LCB/slk cc: Mr. Richard Dick, Chairman of the Board of Supervisors Mr. Harrington Smith, Shawnee District Supervisor Mr. Wayne Miller, Zoning Administrator Mr. Robert Watkins, Director of Planning Mr. Douglas M. Swift, Jr., Attorney Lt--i,..ff ' G....LG*-c 2-��✓'/% GLy� �G��i�I.L .