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HomeMy WebLinkAbout03-95 Raymond Bailey - Gainesboro - BackfileQd : 3 1 1 7 C(eC� hoc 31) CUP TRACKING SHEET (To be completed by Frederick Co Staff only.) CUP Owner/Applicant LO&P-27d & e lej Application Date »,Y//,3/ 9.5 Fee Paid E-A yes initials: I� Sign Deposit yes Sign return date: Submittal Cut -Off Date 31161 y_:� P/C Mtg. date: - L,5 BOS Mtg. date: d(0 / AGENCY REVIEW COMMENTS V VDOT Airport Authority Inspections City of Winchester Fire Marshal Co Sanitation Authority VI Health Dept. PLANNING COMMISSION RECOMMENDATIONS OF �'�' 1!5-9 5 (date) I � /I APPROVAL (WITH CONDITIONS) �es no aDENIAL Signed -secretary Date BOARD OF SUPERVISORS PUBLIC HEARI ACTION �I �1(' cj �( ate) APPROVAL �� � • Signe,X / our tY Adm. DENIAL Date y k-71 I q RECEIPT of FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.O. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 DATE RECEIVED FROM ADDRESS THE SUM OF FOR �v�) '7 S ,coo DAY -TIMERS RE -ORDER No. 3221—Printed in USA BY V'(r i F i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/ 678-0682 April 28, 1995 Mr. Raymond Bailey 302 Poorhouse Road Winchester, Virginia 22603 RE: CUP #003-95 OF RAYMOND BAILEY• P.I.N. 52-A-71 Dear Mr. Bailey: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 26, 1995. 'Your Conditional Use Permit, for a public garage for automobile repair without body repair, has been approved by the Board of Supervisors with the following conditions: 1. All review agency comments will be complied with prior to any service to the public. 2. The existing underground tank must be removed, disabled or properly permitted. 3. , All repair work must take place inside of an enclosed building. 4. No outside storage of parts or other materials shall be allowed. 5. No inoperative vehicles shall be allowed to be stored on the property. 6. No more than 5 vehicles awaiting repair will be allowed to be openly displayed on the property at any one time. 7. Hours of operation shall be limited to 7:00 AM to 7:00 PM, Monday through Saturday. 8. Any vehicles awaiting repair must be placed behind the building, inside the building or screened from view from Poorhouse Road (Route 654). 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 Page 2 Raymond Bailey April 28, 1995 If you have any questions regarding your Conditional Use Permit please feel free to call this office. Sincerely, W. Wayne iller Zoning Administrator WWM/dc cc: Ellen Murphy, Commissioner of Revenue L COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 FAX 703/ 678-0682 MEMORANDUM Finance Department FROM: Karen A. Clark, Receptionist/Clerk II,,��•�� SUBJECT': Return Of Sign Deposit ON2_ DATE: June 1, 1995 The amount of $25.00 was deposited in line item # 10-1911-08 for the person named below as a deposit for a sign. They have now returned the sign and are therefore entitled to the return of their deposit. Please send a check in the amount of $25.00 to: Mr. Raymond Bailey 302 Poorhouse Road Winchester VA 22603 Please contact me if you have any questions. RSA/kac 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 r P/C Review Date: 04/05/95 BOS Review Date: 04/26/95 CONDITIONAL USE PERMIT #003-95 RAYMOND BAILEY AUTOMOTIVE REPAIR W/O BODY REPAIR LOCATION: This property is located at 302 Poorhouse Road (Rt. 654), Winchester, Virginia. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 52-A-71 PROPERTY ZONING & PRESENTUSE: Zoned RA (Rural Areas) Land use -Residential ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) Land Use - residential PROPOSED USE: Automotive repair w/o body repair REVIEW EVALUATIONS: Virginia Department of Transportation: No objection to a conditional use permit for this property. However, prior to operation of the business a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshall: Access to structure must be maintained at all times for fire department vehicles. 1) Any use of flammable or combustible liquids must comply with Chapter 32 of the Virginia Statewide Fire Prevention Code. 2) Building must comply with applicable sections of 1993 B.O.C.A. Building Code pertaining to service station garage operations, 0 0 Page 2 Bailey CUP #003-95 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. Existing foundation will require evaluation at the time of building permit application. All drainage from the building shall have an approved grease/oil separator as per the BOCA Plumbing Code. Health Department: No permit or record of approval for sewage disposal is available for this parcel. Planning Department: Automobile repair without body repair is permitted in the Rural Area (RA) zoning district with an approved CUP. Applicant proposes to construct a building on an existing concrete pad where there previously was a structure. This structure will have high visibility in what is basically a residential area. During a visit to the site on March 21, 1995 it was observed that there were 3 inoperative vehicles located on the property that are in violation of the zoning ordinance. I also observed that there is an old underground tank at the rear left corner of the concrete pad. Applicant advises that he will remove the underground tank. Because of the high site visibility and the configuration of the neighborhood, vehicles awaiting repair should be very limited or screened from public view. STAFF RECOMMENDATION FOR APRIL 5 1995: Approval with the following conditions: 1. All review agency comments will be complied with prior to any service to the public. 2. The existing underground tank must be removed, disabled or properly permitted. 3. All repair work must take place inside of an enclosed building. 4. No outside storage of parts or other materials shall be allowed. 5. No inoperative vehicles shall be allowed to be stored on the property. 6. No more than 5 vehicles awaiting repair will be allowed to be openly displayed on the property at any one time. 7. Hours of operation shall be limited to 7:00 AM to 7:00 PM, Monday through Saturday. Page 3 Bailey CUP #003-95 8. Any vehicles awaiting repair must be placed behind the building, inside the building or screened from view from Poorhouse Road (Route 654). SUMMARY OF APRIL 5 1995 PLANNING COMMISSION ACTION: The Planning Commission heard this application at their regular meeting on April 5, 1995. Four people spoke in opposition to this request and Mr. Everett Bowers, resident of 216 Poorhouse Road, presented a petition. with signatures of 16 residents who were in opposition to the request. Their opposition centered mainly around increased traffic flow, hours of operation and aesthetic appearance. One resident who lives over a mile away, Mrs. Valerie Cote', presented a letter in opposition to the request. The location of the proposed use would not be visible from her property. The Commission felt that since there was another similar type business diagonally across the road, being Charlie's Lawn & Garden Equipment Repair, that is operating under a conditional use permit, it did not appear that this request would have any more impact on the neighborhood than what already exists. They also commented that they felt the conditions placed on the permit adequately addressed the concerns of the citizens who spoke in opposition 'to the permit. For those reasons, the Commission voted 9 to 1 for a recommendation of approval for this request with the conditions as listed above. 0 • ye&t4w April 4, 1995 We, the residents of Poorhouse Road, are opposed to the construction and operation of a garage/auto body shop in our neighborhood as a business. We specifically petition the Frederick County Zoning and Building Authorities to refuse to issue a conditional use permit to Raymond Baile9or anyone else intending to establish a business at this location for this PUXP()SCI- We are concerned about the environmental conditions, such as noise pollution, increased flow of trallic, the hours of operation, the safety of children, and the aesthetic appearance of our neighborhood. We also feel it would be detrimental to the real estate value of our property/neighlxxtood. Name: Addresse: Signature: iLa reo - u )1.4(jc aarh��S i�/�. Ltj /// j oo ovi d • WI °/ �/ U -13P zz L 'us 2AL AV Cti1i� %h'Es r ��l 5 o o r jgocc s �e d OiNc h r SIer Ua iferle I' �?SS Joy ��.J c liiinl eJ er^ 0 3 April 5, 1995 To The Board of Zoning Appeals: Re: Registering my Objection at the Public Hearing for the Consideration of the Conditional Use Permit Submitted by Mr. Bailey of Poorhouse Road in Frederick County, Virginia It is my understanding that Mr. Bailey would like a conditional use permit that will allow him to operate an automobile repair shop on a parcel adjoining his home. I certainly am not opposed to his exercising the right to engage in business. However, Poorhouse Road is a narrow road and even now, is treacherous to drive on, particularly at the sharp turn adjacent to Mr. Bailey's property. A nearby entrance into a business at that location would greatly increase the accident potential. As I travel Poorhouse Road two or three times a day with my three children in the car, the chance that a major traffic hazard would be created distresses me. In addition, the very nature of the automobile repair business would require outside parking for several cars, and that, in itself, would create an unsightly nuisance. The noise and commotion that would be a result of this use of his property would be totally unacceptable. I hope the Board will carefully consider the adverse conditions that would be caused and will reject his request. Thank you. Respectfully submitted l✓ Q/ d & P Mrs. Valerie Cote' 753 Poorhouse Road Winchester, Virginia 22603 703.667.0075 3 275-305 42 r h 37A o 47 42A o Z 3SB can m 0�e o Q zsB2 42B N, Y A 2 �� Round Hill 6r z O475 E S�>'9 0 zbp 15 B 43 2� B A� 16 22 �'� 65A a 368-t � 17 A 65 s� 14 7, 69 13 Z 06 00 1 8 9 2 A Q 0<r°J5 ss 3 � o � 85 71 Q 356-294 63 s 19 87 246-4 2 jets 2so-sst . 5 V �. 7 r as Q 256- 59 L J `V 8 8 93 _ Hudson 88 ry ry�� 9 369-348 Sherwood Lane Cemetory 89 7 77A �O Rt. 827 90 — m2 921 9� 5 4 3 2 11 74 10 73 R t. him h^ h�o 5 54 Pike 5 w 926 g20 92Ct4s 149 150A rn 166B 3 A P O� Trinity 1 v on vP o 52 Q Lan ^ �S� �S 'soq f'V ^� oe v s1 42P 145 �' 92 1S/ ,Ss9 .�� 16'3 16 6 �'°� , '92 141 1 144 t . Q ,3 Ro ,S? CF �c�°' J , 19L ry \yam 9 "�d y;ii R°a 1S co`'' �66 229 15Q��.' ,e es ,9 '96 `s�oty228A 3 4 to et o 287 o� p , ,t9 a 2 A rn N 289 70 Qo 287A 286 — 'o N N CV 335-317 N / try ry 2 s ts. OR 2s'e 228 WES�c rr N 9 q w o ti 216 LR B 328-282/ N Nry ery�o 20fi 'J1 215 I2 7 ��� CQ 29 ¢� N N 21e s l z ti ry ^p Cps 261 A 296 2980 Sr NCO G 262 397-156 ?BOA i c 1 Y Location Map for PIN; 52-A-71 CUP #003-95 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the NAME: v owner other i ADDRESS: 3� `� /,0DFJ✓c'_At, a-'e I ,zy ed, e 5 -i ,<C TELEPHONE 62�`�_L & - :1/ / y 2. Please list all owners, occupants, or parties in interest of the property: Go - ow �y e 3. The property is located at: (please give exact directions and include the route number of your road or street) `-� t�' fovehc�� s 1,4r1yC,1JJe5 �L-1-t L.4 . aa/o41 -eie 4. The property has a road frontage of feet and a depth of ;� !ro feet and consists of '2, Aq'l _ acres. (Please be exact) 5. The property is owned by 24y.� �h �� �/ as evidenced by deed from _-F�U7b&F, recorded (previous owner) in deed book no. (Ocd2— on page S q o , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14-Digit Property Identification No. 59000-A-0000-207/ Magisterial District Current Zoning 7. Adjoining Property: USE North 15�25 East IZC S South C" it Lµ West PMc-S ZONING 11 Pu epiL 4'e -y4) 8. The type of use proposed is (consult with the Planning Dept. before completing) Au ivaayltr e. R Aazla l ZYA 62"I 1do Sh o 9. It is proposed that the following buildings will be constructed: o,v 16ae- �es,s4.%yg fy�v.�alry,c.� 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 i3 p uJ e.nJ Address (N'•z'G o'� c`�fi � Property ID# So�0©0-/9-0000-00 8S ,411ar:y d-Ql.,,A H,wYs Address J,S 3 19L611�3 Property ID# S� goo _aoao _o o 70 m�i✓h/ A,vo�e2ro �✓ Address -3 50 0 � itP . Property ID# Sg. &Vo-'q-0000-00/¢g �oniy ivy/rx�c� �L Address 3 / .S ro672h 1p U S fic A->'l o Property I D# .5AOO©-'4=000O -Oc9 ,EMVnA vcAr,,L /3A)D7&r b►u,c�h Address L�b��hw=sk.a.� W / .vc, � Property 1 Aokn*w, C,l tu4 01• V411ic%f'% Address Property ID# 5� 000©o- oo CSy EIK 7 3 8 P f% 2 47 u 1-flbe -Leve I FTir) tid 0 9. 4. ,� kml COr n ce 2 0 t 3' A • �-K"5r-) DCTA I L + Wood Fftr%ce Ve- t-h eA:)Id Cr e.54VI /xIonc-ptie AC12rie NVU Wire Ferce .25 2 VIRGI NIX- FREDERICK COUNTY, SCT. This instrument of writing was produced to me on the —-Aday o I —,5z�-- , i 92—a, at 69 7 6- IP -A1 and with c�z:*FcLV. of acknowledgmard t .nnc;: was adm tti :o record. Tax imposed by ScI.: ":. 34.1 1'r $ and 58-54 have been paid , it IL:C--s5t! ell HO L) 5 � LOCAT101IJ CLERK ON 11-ilb FIQ0Pel2T`l OF BIZENDA F. F05TM 43 D f3. W2 PG. 4540 GAI NE�6130R!13 MAGIOT1521 AL 00relCT- F-Q60e-0Ck COL)WT9.1 V192GINIAlil le A 738 B145 LAND I-S pyl mas bsn P'So.'" t. " I'l of 0 I'll. Itt"I And does " lho-itlo,tt 1 nWC*:"--iV �0�1119 Aft OnCuMbISIK4111 On Ih* 0100911V FfnCS WGI-OnIll At@ APP'04-4110 FLOOD ZONE: PANEL: 000E3 only " do ,ol Comly as to 0—sunny TPWS ft*y 4 no, IC bo V"he C" d 1W t�StII`4N` - '00"-'5 DATE: 7-17-78 .--s o. any I COMMUNITY NO. Ei DATE: mcbmb by 1511 1"165 SCALE: i*' JOB i4O: 'PURCHASER: BAlLr5y SELLER: F-05T01;t CWMID) 7 J 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. 12. Additional comments, if any: 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 Signature of Owner Owners' Mailing Address �� 1/�G�lag�s � � lo�o,vGl3� -kw Owners' Telephone No. 1 `70 3 ) Z-e- S• 9) TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: REQUEST FOR C.U.P. COMMENTS Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (703) 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: 41,f.a) 13,1,1e,v ,-iva A -7� ;) 449- 9-02 Name of development and/or description of the request: �© �v,.5 ia a e- e,'P o.v %5'7,9®s •et d Zeloeii>Z LS�1F1 I-P/, d fY Location: Va. Dept. of Transportation Comments: No objection to a conditional use permit for this property. However, prior to operation ot the business a commercia entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any—w-o-rk performed on e a e s rig -o -way must covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. VDOT Signature and Date :C , l _.6, c� (NOTICE TO RESIDENT ENGINEER*PLEASE RETUR ,/THIS FORM TO APPLIC T. xc: Mr. Steve A. Melnikoff 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 three copies of your plans and/or application form. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official P.O. Box 601 Winchester, Virginia 22604 (703) 665-5650 The Frederick County Inspections Department is located at 9 North Loudoun St., 2nd Floor of the Hammon 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: f9rt ST-i U Puc_ ice,-, 9 _ ee-/ AW rl .� e. �30, XZ29r ® rL. .e-sy ,zY" "L, 59 a Ae YD lira _i_P , - 4A,11,e �/Jf��2 rat 421'z Al /�1� 1� Location: h2. v` tAe,G51C2 t4q J JI e2 � Inspection Department.Comments: Building shall comply with The 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 '16 Nond1scrimip.2tien of the basis of Disability by Public Accommodations and in Commerical Faicilities. 7,,xisting foundation will require evaluation at the time of building permit ap_=1ir tine eii dra age from the building shall have an approved grease/oil seperator as per the BOCA Plumbing Code Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT. *PLEASE TURN TIUS-FORM TO PLICANT. 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. C COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. 0119951992 Date Received 011995 Date Reviewed 021395 Applicant Name Raymond Bailey Address 302 Poorhouse Road Winchester, VA 22603 Project Name Automotive Repair Phone No. 703-665-2119 Type of Application C.U.P. Current Zoning RA 1st Due Fire Co. 15 1st Due Rescue Co. 15 Election District Gainesboro RECOMMENDATIONS Automatic Sprinkler System X Residential Sprinkler System Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate X Inadequate Not Identified Fire Lanes Required; Yes X No Comments Access to structure must be maintained at all times for fire dept. vehicles. Roadway/Aisleway Widths; Adequate Inadequate Special Hazards Noted.;. •..i: ;,.Yes Comments` Not Identified X No X - Continued - 0 40 Hydrant Locations; See Notes Adequate Inadequate Siamese Connection Location; Approved Not Approved Not Identified X Not Identified X Additional Comments: 1) Any use of flammable or combustible liquids must comply with Chapter 32 of the Virginia Statewide Fire Prevention Code. 2) Building must comply with applicable sections of 1993 B.O.C.A. Building Code pertaining to service station garage operations. R w Time-.25 hr. Douglas A. iracofe Fire Marshal PLANS APPROVED FIE MARSHAL, FREDERICK COUNTY a 0 REQUEST FOR CONDITIONAL USE PERMITS COMMENTS Frederick -Winchester Health Department Attn: Sanitation Engineer P.O. Box 2056 Winchester, Virginia 22604 (703) 722-3480 The Frederick -Winchester Health Department is located at the intersection of Smithf ield' Avenue and Brick Kiln Road, if you prefer to hand deliver this review form Applicant's �namee, address and phone/ number: /�i'� y araa.�l/ /J����-✓ �7 o`Z d`p�l�/i✓�7 Ste' �x��,/ ��� �5� .1960-3 Name of development and/or description of the request: 'n�1G9rLz�i�'�,O,v, _S>3M P Lt-L7" /ek-s /7S Ake—J/y�tS Location: 41 A, ems% e S 7yz /Joel Health Department Comments: SignatureHealth ��" / /z 0/9 (NOTICE TOHEALTH DEPT. - PLEASIE ROMYRN 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 703/665-5651 FAX 703/678-0682 April 12, 1995 TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: RAYMOND BAILEY Conditional Use Permit ##003-95: Mr. Bailey is applying for a conditional use permit for a public garage for automobile repair without body repair. His property is located at 302 Poorhouse Road (Route 654) and is identified with PIN 52-A-71 in the Gainesboro District. This conditional use permit application will be considered by the Frederick County. Board of Supervisors at their meeting of April 26, 1995, at 7:15 p.m., in the Board Room of the Old Frederick County Courthouse, Winchester, Virginia. This will be a public hearing and all interested parties wishing to attend may do so. Sincerely, W. Wayneriller Zoning Administrator WWM/dre 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify that the attachod-ccmFrespondence was mailed to the following on froohe Department of Planning and elopment, Frederick - County, Virginia: �EMMANUEL BAPTIST CHURCH 52-A-87 HENRY BRILL I2788 NORTHWESTERN PIKE 269 POORHOUSE ROAD ;'WINCHESTER, VIRGINIA 22602 WINCHESTER, VIRGINIA 22603 P52 la Ax I 1..:.,y , 1:2Aymcml) tti 1AYC) SAJN VA. 2 X-M-M!"N, 13 c4 I'RINA $3 3 F10(:)R(A(XJ9G: RX) VA. 7o) HINFU ' :N', I.ARRY W & CA.-ORTA L. 24'.3 ,F RX) Ve.) 22e 1A ma mj.,:j..VTN G W1N(:A­11*':(:3TER, VA 224 1-52 A. 619 I WALA ACMI, IT)NIE. M. 1.24 F:: C'X)Rl< STRCEIT'T VA RXCHMAN, AIAM: A W1-"::f3'T V1RGXNXA 2 ?6 7 () 4 STATE OF VIRGINIA COUNTY OF FREDERICK Wayne Mille , Zoni g Administrator Frederick Cou ty 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 og- has personally appeared before 'me and acknowledged the same in my state and county foresaid. Given under my hand this day of My commission expires on �-� NOTARY VUBLIC COUNTY of FREDERICK 107 NORTH KENT STREET PO BOX 601 WINCHESTER VA 22601 ! q, 41 t ram, � � �• ,� �11 �! j�leY�Yi "���!•i� �p f 1.,��•: �fo�r�rlrp�. _._e S MAR22'95 Ei2 A 72 EMMANUE:L.. BAPTIST (:,HLJRC::H , R*T* . 9 BOX 5 ]. W 3: NCHC::ST4't' vn NIXIE 2077 1 03i24/9S RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD U.S.Pu'jiA5E — 0 .3? zii — Vw- Submittal Deadline P/C Meeting BOS Meeting T APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA -4 L-��5 1. Applicant (The applicant it the i/ owner other) NAME: v ADDRESS: ��oZ /f�c�i?�o�cS G /Jx.0,j1e 4 TELEPHONE_/, 2. Please list all owners, occupants, or parties in interest of the property: fl+✓o Sum Q�,l{,� co-ocuNe� 3. The property is located at: (please give exact directions and include the route number of your road or street) ILI tA/";VC'A#-s ��/-, Lid - 9;2�o-z' 4. The property has a road frontage of feet and a depth of ;� '0"0 feet and consists of 12, q'j acres. (Please be exact) 5. The property is owned by 24` A41MsN -D -BA. tLt y as evidenced by deed from 1-59Ezi-ph f=, E=oS rE-A- recorded (previous owner) in deed book no. (052 on page $ 4 a , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14-Digit Property Identification No. S9Q0V-/1-0crx?-e07/ Magisterial District �'�botir 12,rti ,rLaz Current Zoning 7. Adjoining Property: USE North :9S East (ZC S South C4PA it o+ West ge-s ZONING -A,�, 4,P-e4) 8. The type of use proposed is (consult with the Planning Dept. before completing) A"Le let a.,,2 rcl,'h, ��,f /o'v So 9. It is proposed that the following buildings will be constructed: 5+e.e-1 5 teuc•,/ze ®.v /0.4e- �s:s1�%� 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 ':� o��..✓�SI %� Address Oc7�l7c�u t x/ Property ID#S-ov�o-oo SfS �rfare� �i��uA N.�rs Address Property Address ID# a �4- ✓-" /YJe, CO Property ID# AL Address 3 1 Jr Property ID# 6 A pT5T Address LNt:rr,w�sfcr� v : Kr 6o / 51 09, Property Address u/ / Property ID# i�y H e L/ 5a - 13- 15�7 "&q �"hol,-'tt "ave4 $1 PUBLIC HEARINGS: Conditional Use Permit #003-95 of Raymond Bailey for an automobile garage without body repair. This property is located at 302 Poorhouse Road and identified with PIN 52-A-71 in the Gainesboro District. Action - Approved Mr. Miller said that automobile repair without body repair is permitted in the Rural Areas (RA) Zoning District with an approved CUP. He said that the applicant proposes to construct a building on an existing concrete pad where there previously was a structure. Mr. Miller said that the structure will have high visibility in what is basically a residential area. He suggested that because of the high site visibility and the configuration of the neighborhood, that vehicles awaiting repair should be very limited or screened from public view. Mr. Raymond Bailey, the applicant, was present to answer questions. In regards to an underground tank located at the rear left corner of the concrete pad, Mr. Bailey said that the tank was existing when he bought the property and he does not use it. Mr. Bailey said that he has just filled the tank with sand. Mr. Bailey said that he planned to place a steel 2-bay structure on the existing 30' X 60' concrete pad, the same size as the pad. Mr. Bailey said that he understood the proposed conditions to his permit and could work within those conditions. Chairman DeHaven called for public input and the following citizens came forward to speak in opposition: oLdc►2j Mr. Everett Bars, resident at 216 Poorhouse Road, presented a petition with 16 signatures of neighbors who are opposed to the Conditional Use Permit. Mr. Buyers said that the neighbors were in opposition because the road was narrow and would be unsafe, the garage would be detrimental to property values and the appearance of the area. Mr. Glen Richman, adjoining property owner, was opposed because he felt it would negatively effect property values, he felt that the roads could not handle more traffic, it would create safety concerns, and this was an established neighborhood. e Mr. Harry Orndoff, Trustee representing Emmanuqil Independent Baptist Church, had questions concerning outdoor storage, hours of operation, and leasing of the building. Mrs. Valerie 40f, resident at 753 Poorhouse Road, said COTE 4 that she had recently invested a substantial amount of money to upgrade and refurbish her home and she felt the garage would be detrimental to her property value. Mrs. Cody was concerned about the traffic on Poorhouse Road because it was narrow and winding. She felt that traffic and noise would increase. She was also concerned about the safety of neighborhood children boarding and unboarding school buses along the road. She was also concerned that the property would become an eyesore. The Commissioners felt that if the conditions were adhered to and the property maintained, appearance should not be a problem. They felt that this would be a fairly low intensity use, and traffic should not increase by any appreciable amount. Upon motion made by Mr. Romine and seconded by .Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of CUP #003-95 of Raymond Bailey for an automobile garage without body repair with the following conditions: 1. All review agency comments will be complied with prior to any service to the public. 2. The existing underground tank must be removed, disabled, or properly permitted. 3. All repair work must take place inside' of an enclosed building. 4. No outside storage of parts or other materials shall be allowed. 5. No inoperative vehicles shall be allowed to be stored on the property. 6. No more than five vehicles awaiting repair will be allowed to be openly displayed on the property at any one time. 7. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. This motion was approved by the following majority vote: YES (TO APPROVE): Ours, Shickle, Morris, Thomas, Romine, Marker, Copenhaver, Light, Stone NO: DeHaven � � �, 1 - ` __ r <_ t R f CONDITIONAL ' USE PERMI' PUBLIC HEAFIRG q,�' 651 665 r�lkY ryp 8'low _ji��' -]lit .� �?y;t'.`�'••� �` 74-CpN-4 DITIONAL - USE pEpMIT PUBLIC NEARING OLD COU A4