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Home My WebLink About01-97 Derek M Heishman - Back Creek - Backfilei CUP TRACKING SHEET (To be completed by Frederick Co. Staff only.) CUP # OOt. -17 Owner/Applicant Application Date Fee Paid yes initials: aA H Sign Deposit yes Sign return date: Submittal Cut -Off Date P/C Mtg. date: 3-5"-cl BOS Mtg. date: 3_z01_97 . / AGENCY REVIEW COMMENTS V VDOT Airport Authority Inspections City of Winchester Fire Marshal Co Sanitation Authority Health Dept. PLANNING COMMISSION RECOMMENDATIONS OF t,,d �: 1(9 (date) 7M7 APPROVAL (WITH CONDITIONS) Z es no DENIAL 1 m Sig ,Secretary Date BOARD OF SUPERVISORS PUBLIC HEARING ACTION r 1�1- vv- ! (date) T 9,lgg7 aAPPROVAL Sign dm. DENIAL Date ¢ ZZ q 7 '�IInK .-Lit �o .l�iGt.P� f d�4 Date Received From Address For d j1�j d ACCOUNT• AMT. OF ACCOUNT. CASH AMT. PAID f CHECK BALANCE MONEY .� DUE ORDER By 19 ? '024-!58 Dollars $ ` 0 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 April 15, 1997 Mr. Derek M. Heishman 187 Middle Lane Gore, VA 22637 RE: CUP #001-97 OF DEREK M. HEISHMAN. PIN's 28-A-71A & 28-A-71B Dear Mr. and Mrs. Heishman: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 9, 1997. Your Conditional Use Permit, #001-97 to operate an auto repair business without body repair, was approved with the following conditions: 1. All review agency comments shall be complied with at all times. 2. No inoperative vehicles, as defined by ordinance, shall be allowed to be stored on the property at any time. 3. No outside storage of parts or equipment shall be allowed unless it is totally screened from view. 4. No more than five vehicles awaiting repair shall be allowed to be openly displayed. 5. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Saturday. If you have any questions regarding this action, please feel free to call this office. Sincerely, Andrew D. Evans /Zoning Administrator ADE/cc cc: Commissioner of Revenue 107 North Kent Street - Winchester, Virginia 22601-5000 U ' 1 F,% COUNTY of FREDERICK t of Planning and Development 540/665-565t FAX:54U/678-U682 TS2� Finance Departmgpt I FROM& Karen A. Clark, Receptionist/Clerk Typist 11 S U BJ H:CT; Return Of Sign Deposit PATE: April 22, 1997 .�5.v The amount of $25.00 was deposited in line item # 10-911-08 for the person named below as a deposit for a sign for Conditional Use Permit Application #001-97. 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 $25.00 to: RSA/kac Mr. Derek M. Heishman 187 Middle Lane Gore, VA 22637 107 North Kent Street - Winchester, Virginia 22601-5000 i PC REVIEW: 3/5/97 BOS REVIEW: 4/9/97 CONDITIONAL USE PERMIT #001-97 Derek M. Heishman Auto Repair Without Body Repair LOCATION: This property is located at 187 Middle Lane in Gore. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 28-A-71A and 28-A-71B PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and Vacant PROPOSED USE: To operate an auto repair business without body repair. REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to a conditional/special use permit for this property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Inspections Department: Building shall comply with Virginia Uniform Statewide Building Code and Section 311, Use Group S (Storage) of the BOCA National Building Code/1993. Other codes that apply are title 24 Code of Federal Regulation, Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. 1) Change of Use permit required to convert to new use. 2) Proper Mechanical ventilation of 1.5 CFM per square foot and vehicle exhaust connection is required. 3) Emergency lighting is required. • Derek Heishman - CUP #001-97 Page 2 March 31, 1997 Fire Marshal: Applicant should adhere to all applicable sections of the Fire Prevention Code related to Service Stations/Auto Repair. Fire Extinguishers are required. Health'Department: No objection IF: 1) No employees work at the garage; AND 2) No public restrooms or water fountains at the garage. This does not imply that the sewage disposal system will continue to function in the future. Planning and Zoning: This use is permitted with an approved conditional use permit. This site was visited on January 29, 1997. There are two other residences within approximately 200 yards of the proposed work area for this use. The area is partially screened by terrain variation and wooded areas. It does not appear that allowing this use would have any significant impact on the neighborhood. A condition on the permit restricting hours of operation would be appropriate. This was discussed with the applicant and he had no objections to that restriction. The numbers of vehicles awaiting repair should also be restricted. Applicants residence and the adjoining garage are on two separate parcels of land. The garage, as the'primary structure on one of the parcels, is in violation of required setbacks. If the parcels were to be consolidated, the garage would .then be an accessory structure and would no longer be in violation. Staff Recommendation for 3/5/97: Staff recommends approval of this request with the following conditions suggested if the Commission approves: 1. All review agency comments shall be complied with at all times. 2. No inoperative vehicles, as defined by ordinance, shall be allowed on the property at any time. 3. No outside storage of parts or equipment shall be allowed unless it is totally screened from view. 4. No more than five vehicles awaiting repair shall be allowed to be openly displayed. 5. Hours of operation shall be 7:00 a.m. to 9:00 p.m. Monday through Saturday. 9 Derek Heishman - CUP #001-97 Page 3 March 31, 1997 PLANNING COMMISSION SUMMARY & ACTION OF 03/05/97: The Planning Commission felt that allowing the use would not have any significant impact on the neighborhood. No issues of concern were raised and there were no public comments. The Commission unanimously recommended approval with the five conditions recommended by the staff. (Mr. Ours and Mr. Stone were absent.) File K:\WP\CMN\COMMENTS\HEISHMAN.CUP Submittal Deadline - P/C Meeting - -R BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the � owner other) NAME:F%1 ADDRESS:Tk6L TELEPHONE ,�y�-• �n -<� y C�',► 2. Please list all owners, occupants, or -parties in interest of the property: lL ASAkhet- y1 3. The property is located at: (please give exact directions and include the route number of your road or street) .�>r w1�a7- /-ft 7?y ew JS 1 LE AS Y-) 4. The property has a road frontage of / ,3 j, feet and a depth of 3 S 1vy) ..,fg',ifeet and consists of ,3, � S' acres. (Please be exact) 5. The property is owned by 144,4.8 as evidenced by deed from A_C , ei� n-), Awl recorded (previous owner) in deed book no. :3 p on page 1! , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14-Digit Property Identification No. ? - 4A Magisterial District i34k c�k i Current Zoning Adjoining Property: <r''� USE ZONING North Res; oF.! ; •� 'JAN1997 East N(AcA-J i �E.fv� South �;�s� b� ; n D West R 'a .� r•.� AA � e� ^' v • + r r 8. The type of use proposed is before completing) o-rc consult with the Planning Dept. OEAJL. W / nic'('T 9. It is proposed that the following buildings will be constructed: NO w-NE" v-cL.. fL,gA,IFA 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides, rear and in front of (also across street from) the property where requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: (PLEASE LIST COMPLETE 14-DIGIT NUMBER.) NAME Address - Property ID# Ar,lc L Address i (., 1 � �y�pLE LAND �v� V1 Property ID# Zg _/4 LcicKN irL'r ' Gl)aaAL L S Address '2 �� LVt aS' f�1�� (�cn l✓} ZZ4-S Property ID# •Z t; Address :bb LC G Property ID# Z13 „ /7 % Address. Property ID# ,Z Address Property ID# 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. ,) dud�plat S� Svc 7-2s F tL 2E_ VoC u-a icJ /A.Jlrc, I-EPO"IN . .3W ? 1, 1 3 A `ires I T i. 3 sh IP v 'o S lerc�e 'ari �drh�5MOO 12. Additional comments, if any: Please note: 'I have no plans of working in this garage full time. Currently I have a full time job. I want to operate this garage part time to supplement my income, This garage will not be open to the general public, I will be dealing only with five or six company's. Due to the small operation of this garage there would not be any noticeable change in traffic, and there will be no advertising of any kind. I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant V;00A�� Signature of Owner„ j,. Owners' Mailing Address Owners' Telephone No. ) .- Sqd - � - �S'164/ TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: v�' R y r I • 0 Scale: I" Twin _ Sycamore >/d Spaid 3/ 385 Reference is made to Plats of Lee A. Ebert as recorded in Deed Book 455 at Page 798 a in Deed Book 250 at Page 400. SMe/tzer Land QP1 Xy��e 0 1.92 Acres , _ = 70 54, 00" - �o BACK 3p Sp . CREEK �p Char/es M. Johnston Plat of Survey for 507,1707 ROBERT C. NAIL Back Creek District Frederick County Virginia Reference: A portion of the land recorded in Deed Book 305 Page 191 Sme/tzer Land N S?34, 3 /3, ��r3� 2 e• &p • •F mo s� P Robert C. Noll N ry N ° 4551796 m v, ( 1.23 Acres) o Ni TF The surveyor assumes the owner and/or Fropectirr Purchoser agrees on the physieol choractw of the land b #7 bries Platted hereon to be sold and,'or retwned. The low and swAjo- ossume the graWae t7W9Ct the ptysitv//y mo-ked land b(xna(7re5 and are satisfied that the pttyskal m"I;Vs on the land and those on the ssr► ^rs plot coincide. Furthermore, the surveyor has carried out the instructions given for this survey and is hemby approved by a// oorties rnvOlmd with the plotted property. s Pine Wo/nut " I W Meta/ Post /. 08 Acre Tract Other Land of John Perry Nail September 22, 1981 LOUIS J. MATACIA 27100 Gallows Rood Vienna, Virginia -- v LQUIi J 'vlAT, A, 'A �ERTsF!CA7c Ne. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS � r �tl AR1 Virginia Department of Transportation `'%%` s= ?J•'�� Resident Engineer 6'�.T Attn: � �Q �_, V4 P.O.° 'Box 278 Edinburg, Virginia 22824-0278 (540) 984-4133 The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: r, C:� Id Cc C 73, �qoq Name of development and/or description of the request: Location: 0 R Va. Dept. of Transportation Comments: No objection to conditional/special use permit for this property. Existing entrance is adequate for proposed use. However, should use ever expand i the future, the entrance may have to be upgraded to VDOT minimum commercial standards. VDOT Signature and Date: (NOTICE TO RESIDENT ENGINEER*PLEASE R U N T&f S'FO9X TO APPLICANT.) xc: Mr. R. B. Childress /rf NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the .agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. • 0-77-/1-�9�- �6/1 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Fj` rn Attn: Building Official ,cam 107 North Kent Street q CP !!%;o Winchester, Virginia 22601 (540) 665-5650 �F71114.04� The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Name of development and/or description of the request: R Location: Inspection Department Comments: Comment is on the back of this form Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEFT. *PLEASE URN THI8 PORM TO APPL NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. W • • BAN 2 1,997 Building shallcomply with the Virginia Uniform Statewide Building Code and section 311, Use Group S (Storage) of the B®CA National Building Code /1993. Other Codes that apply are title 24 Code of Federal Regulation, Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. 1) Change of Use permit required to convert to new use. 2) Proper Mechanical ventilation of 1.5 CFM per square foot and vehicle exaust connection is required. 3) Emergency lighting is required. COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.CUP97-0002 Date Received 1/2/97 Date Reviewed 1/15/97 Applicant Derek Heishman Address 187 Middle Lane Gore, Virginia 22637 Project Name Small Engine Repair Shop Phone No. 540-858-3404 Type of ApplicationCUP Current Zoning RA 1st Due Fire Co. 14 1st Due Rescue Co. 19 Election DistrictBack Creek Tax I.D. No. RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler SystemXX Automatic Fire Alarm SystenKX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes No XX Comments Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes XX No Comments Applicant should adhere to all applicable sections of the Fire Prevention Code related to Service Stations/Auto Repair. Fire Extinguishers required. Hydrant Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No Signatur Title 0 ,�ia� q? 01 IJ 5 (P3 4:�r1 W 7 V REQUEST FOR CONDITIONAL USE PERMITS COMMENTS Frederick -Winchester Health Department Attn: Sanitation Engineer P.O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form Applicant's name, address and phone number: •- Name of development and/or description of the request: tp)jr( Location: U-) ITa Wg."I 7- LSAT Health Department Comments: IF NO efrglc('_P, a4f_- C Net I'my % � u w r- Health Signature and Date: (NOTICE TO HEALTH DEPT. - PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 March 26, 1997 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OF DEREK M. HEISHMAN CONDITIONAL USE PERMIT #001-97 On behalf of the Frederick County.,. Board of:Supervisors; you,are.hereby. notified of a public hearing being.held on April 9,1997; at 7::15 p m.I in, the boardroom of.the Trederick,County Adillinistration Building at 407N. Kent Street ;-Winchester;,Virginia. This hearing is to consider the application of Derek M. Heishman,to.operate an auto: repair businesstwithoutbody repair.This property is located at 187 Middle Lane in Gore,. aiid;.is identified with Property. Identification Numbers 28-A-71A and 28-A-7113 in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and. Development located at 107 North Kent Street in Winchester, VA. Sincerely, Andrew D. Evans Zoning Administrator ADE/cc 107 North Dent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 26t15 q 7 from the Department of Planning and Development, Frederick County, Virginia: Derek M. Heishman Charles Lockhart 187 Middle Lane 220 Lucas Lane Gore, VA 22637 Gore, VA 22637 Roy Smeltzer 200 Middle Lane Joyce Nail Gore, VA 22637 161 Middle Lane Gore, VA 22637 w D. Evans, Zoning Administrator ick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, 11--X-10- ED IT 1 IDA 1 I , a Notary Public in and for the State and County aforesaid, do hereby certify that Andrew D. Evans, Zoning Administrator for the Department of Plannin 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&I � " ' day of Mg�.,Ch �"I`1 My commission expires on �---� NOTARY PUBLIC R • • FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 Ii AIFICATICAi Or PUSLiC H-11'AI IIG February 19, 1997 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OF DEREK M. HEISHMAN. CONDITIONAL USE PERMIT On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on March 5, 1997, at 7:15 p.m., in the board room of the new Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the application of Derek M. Heishman to operate an auto repair business without body repair. This property is located at 187 Middle Lane in Gore, and is identified with Property Identification Numbers 28-A-71 A and 28-A-7I B in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, W. 7yne Miller Zoning Administrator WWM/cc 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on J. I C1 ' , n'? 7 from the Department of Planning and Development, Frederick County, Virginia: 2e A 7im 29 A 64 HEISHMAN, DEREK M & LUCILLE A LOCKHART, CHARLES E SR.& EVELYN J 187 MIDDLE LANE GORE, VA 220 LUCAS LANE 22637- GORE, VA. 22637- NAIL, JOYCE M 161 MIDDLE LANE CORE, VA 29 A 71 22637- eMELTZER, 2e A ROY L. & BERNICE J. 200 MIDDLE LANE CORE, VA 22.637- W. Wayne MAler, Zoning Administrator Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK 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 has personally appeared before me and acknowledged the same in my State and County aforesaid. (� Given under my hand this lq,h day of My commission expires onfi—ajafy c-)q jqqc� NOTARY PUBLIC 72 st; Scale: I"= 100' Osf Sme/tzer Land 3g •F A\F' c� 3sl 80 ep� sme/tzer Land ° g0 0 �0 `^ Meta/ yb2t� N �00 Post Robert C. Noil a N ° Tw4551796 a� in . r' SjtComart `rj ii 1.23 Acres) ° o ro 1.92 Acres o• ' o Arnold Spo/d �3•gO 575/5B5 -., � L 08 Acre Tract Pine Wo/rwl - M Reference is made to Plats of Lee A. Ebert as recorded in Deed Book 455 at Page 798 N3 °S/ Ng32 3, a 5 ' 9 in Deed Book 30 250 at Page 400. BACK CREEK 2p c}�, /y : walnut W Charles M. Johnsf Other Land of John Perry Noil ton i Plat of Survey for 5071707 o �1 v a � ROBERT C. NAIL a Hem e6o Back Creek District Frederick County °OIp Virginia Reference: A portion of the land recorded in Deed Book 305 Page 91 9 September 22, 1981 C'i LU• Ni•TF The surveyor assumes the owner and/cr puroe+chw lxrrhoser ayrers m the physical charoclw of the kndies rY�F,••ATE FiC+.w t Plotted hereon to be sold and/or reftwo'. TM low and assure o* prorbee ihWect the 4iollr p lis mw*&d /and buvnabnes and are salnsfied that the plpsAV/ markups on the land and those on the su-nryps prbl cYrncide. LQUi$ J. AAATACIA �l^4 Furthermore, the surreycr has canned out Me instructions given for mos survey one ,s hereby approved by a// ` 2700 Cial)aWS ROOK omf+es rnrohed w,ln the olcr,ed, pwaperty. Vwwa, Virginia 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. TAvc 7 --;- F ( 'LJ LL -s-HOC! %JIP4)Cj4 %E- i-JI VOLLIkb /cJ 13 A, x c-5 1. �JA C�j eb!D pQ,�f'tANNlry� �,' l� S Tercit1IhyS