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HomeMy WebLinkAbout07-97 John & Patricia Bowers (Antique Shop) - Stonewall - BackfileCUP TRACKING SHEET (To be completed by Frederick Co Staff only.) CUP # _ 007-I / Owner/Applicant vvytF' Application Date Fee Paid u yes initials: 4,_ Sign Deposit yes Sign return date: Submittal Cut -Off Date )--Lf -If Y P/C Mtg. date: 6- 4 -q 77 BOS Mtg. date: - S-� AGENCY REVIEW COMMENTS 1/ VDOT Airport Authority Inspections City of Winchester Fire Marshal Co Sanitation Authority Health Dept. PLANNING COMMISSION RECOMMENDATIONS OF - l 7 date) aAPPROVAL (WITH CONDITIONS) __-yes no aDENIAL Sig ecretary Date BOARD OF SUPERVISORS PUBLIC HE G ACTION /TT(date) a APPROVAL ed DENIAL Date , CZAdm . G -,_�,� J� raj �z _rsg7 CASH RECEIPTDate d Received From Address NQ ' Dollars $ SFor C' < ' ACCOUNT• A. - AMT. OF -,i .,�.. ACCOUNT - CASH AMT. PAID CHECK (/ l BALANCE MONEY ByDUE. a ORDER _ 4�=.*'."'.'k"*-...�l,,.-----',I - - - • FILE COPY I July 15, 1997 John E. and Patricia R. Bowers Rt. 1, Box 2501 Berryville, VA 22611 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 RE: CUP #007-97 OF JOHN E. AND PATRICIA R. BOWERS, PIN 33-A-93 Dear Mr. and Mrs. Bowers: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of July 9, 1997. Your Conditional Use Permit #007-97, to operate an antique shop, was approved with the following conditions: 1. All review agency comments shall be complied with. 2. A (minor) site plan shall be approved prior to occupancy of the site. 3. A business sign for the use shall be limited to a maximum of 50 square feet. 4. Any outside display area should be designated on the site plan. If you have any questions regarding this action, please feel free to call this office. Sincerely, �-iy� —.. Andrew D. Evans Zoning Administrator Y ADE/cc cc: Commissioner of Revenue 107 North Kent Street • Winchester, Virginia 2601-5000 F IQ COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Clerk Typist II SUBJECT: Return Of Sign Deposit �p y •a1 DATE: September 4, 1997 {jam G 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 a Conditional Use Application #007-97. 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. John Bowers Route 1, Box 2501 Berryville, VA 22611 107 North Kent Street • Winchester, Virginia 22601-5000 PC REVIEW: 6/4/97 BOS REVIEW: 7/9/97 CONDITIONAL USE PERMIT #007-97 John E. and Patricia R. Bowers Antique Shop LOCATION: This property is located at 4489 Martinsburg Pike in Clearbrook. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-93 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Vacant Lodge Building ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and vacant PROPOSED USE: To operate an antique shop in an existing building. This use requires a conditional use permit in the Rural Areas District. REVIEW EVALUATIONS: Virginia Dept. 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 stands to allow for safe egress and ingress of the property. Any work performed on the State's right-of-ways must be covered by a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Department: Building shall comply with Virginia Uniform Statewide Building Code and Section 309, Use Group M (Mercantile) 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. Floor plan and detail showing ADA access to the building shall be submitted for change of use building permit. Inspection for code compliance will be John and Patricia Bowers - CUP #007-97 Page 2 July 2, 1997 performed and Certificate of Use and Occupancy issued. Fire Marshal: Recommend approval. (1) Access to the building should be maintained at all times. This access should be via designated Fire Lane, minimum 20' wide. (2) The occupancy load and egress requirements for a "Business" Use Group, as established in the Uniform Statewide Building Code, must be adhered to. (3) Prior to opening, please contact the Fire Marshal's Office for inspection. Health Department: The Health Department has no objection to the proposed conditional use permit for this property. Planning and Zoning: The proposed use will be locating in an existing building. Previous use of the building as a lodge indicates a more intense use than the adjacent residential uses. Permitting the use (antique shop) should not tend to change the character and established pattern of development of the area. Some modifications to the building will be required for the change of use. Changes to the building and site should not adversely affect the character and environment of the area. Two -tenths of a mile north of the site is M-2 zoned property, and less than that distance south is M-1 zoned property. Staff is in accord with the need for a commercial entrance to the site. A minor (as referenced to by staff members) site plan will be required which addresses concerns such as ingress/egress, parking and issues associated with a public facility. If the review comments and staff recommendations are complied with, the use should conform to applicable regulations of the district and should not adversely affect the use and enjoyment of surrounding properties. Staff Recommendation for 6/4/97: Staff recommends approval with the following conditions: All review agency comments shall be complied with. 2. A (minor) site plan shall be approved prior to occupancy of the site. 3. A business sign for the use shall be limited to a maximum of 50 square feet. • John and Patricia Bowers - CUP #007-97 Page 3 July 2, 1997 4. Any outside display area should be designated on the site plan. PLANNING COMMISSION SUMMARY & ACTION OF 06/04/97: The Commission felt the proposed use and the modifications to the existing structure would not have a negative impact on the surrounding neighborhood. The staff's request for submittal of a minor site plan was granted. There were no citizen comments. No other issues of concern were raised by the Commission and approval was unanimously recommended with the conditions stated by staff. (S. Blaine Wilson was absent from the meeting.) WO N Rest Church Road f 669 w 2 w E 90 • yy� Duncan Run: 4 L a WaOdbi�e Road 92 95 g 96A 96 a 6 3222-585 6A 98 99 7 701 Q' 1D1e. C) 6B 233- 592 101C 700 - 88 03 107 � C6 8A 105A M "lJ m Y ry o a o, o O/ O O r L O pa Qp @rp�spn Spy"'4 Road o 8 pa�i p O 0 668 BrpnSO n Spy n9 t Rppd 109 a 66 CUP #007-97 PIN- 33—A-93 John & Patricia Bowers Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the x owner other) NAME: John F_ Rowers Patricia R $L1WPrS ADDRESS: Rt 1 Box 2501 -- Berryyi 11 o, VA 99611 TELEPHONE (540) S, 55-•4 51 1 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) 4. The property has depth of 250 (Please be exact) a road frontage of 100 feet and a feet and consists of .56 acres. 5. The property is owned by John E. Bowers & Patricia R. Bowers as evidenced by deed from Local T.odge 10 TAMAW recorded (previous owner) in deed book no. 860 on page 1473 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 3 14-Digit Property Identification No. Magisterial District Stonewall Current Zoning RA 7. Adjoining Property: USE North Vacant Lot East South West RE'Sideritial Residential Vacant Lot 33-A-93 ,/ - 1p, - ZONING PQ�los I RA RA Gf�t`1NQ. F QUA DNS.:; RA RA 0 0 8. The type of use proposed is (consult with the Planning Dept. before completing) Antique Shop 9. It is proposed that the following buildings will be constructed: Use Existing Building 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 East: Address Rev. & Mrs. Phillip Roby Property ID# East: Address 6 Martinsburg Property ID# 33-A-120 Merle L. Swartz Nort.b : Address 4273 Martinsburg Pike, Clearbrook. VA 2262 Property ID# 33-A- 1 Manuel C. DeHaven West: Address 4469 Martinsburg Pike Clear rook VA 22624 Property ID# 33-A- 5 Darien R. Brandt South: Address 4481 Martinsburg Pike, 1 VA 22624 Property ID# Charles A. Cooke John E. Bowers AddressFt ] }tax 2501 Berryville. VA 22611 Property ID# 33-A-93 and 33-A-92 Patricia R. Bowers NAME John E. Bowers Patricia R. Bowers Address Rt 1 Box 2501, Berryville, VA 22611 Property ID# 33-A-92 Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# 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. SURVEY # 207 PLAT ATTACHED: 4L p{oPosfs� oECK of A �' h.�.4 RhpBdk 4A 12. Additional comments, if any: use permit to open an Antique Shop. 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 g�4m) Signature of Owner Owners' Mailing Address R�- \ Box :�Sc,� 1 e V f) agsc�\ Owners' Telephone No. S y c) -- GISS US 13 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Ah BIB 6 0 P b 14 6 \5 16 a~ ��5 N ,\6 ro { tiM 3 b � (p Lo Jd10 l \ ° i° cn G (V co �21 may. "� do / ° �1`�popp Qom. cn, O a 5 p s0 �7 O� V' o" °O� .�h� 7 + oo, "s'i b OOs� Qom. 3 Os �Zo ro 0 �s pO�o. O s o.Ale, s99 ' 00 z a \\ / PS 100' 5 0' 0 100' "'�O / 4�%p ip, V E IN FEEus O O 0.V O� � o• UuNN w U Ip 04rJy � �1t�tlJ!itiil111l��,`` BOUNDARY SURVEY OF THE LANDS OF NICETAS MATHEWS, CHARLES LEWIS AND PAULINE LEWIS TRUSTEES FOR LOCAL LODGE NO. 2335 OF INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS UNION DEED BOOK 507, PAGE 522 TAX MAP 33, TRACT 92 ((A)) AND TAX MAP 33, TRACT 93 ((A)) LOCATED ON THE WEST SIDE OF U.S. ROUTE NO. 11, MARTINSBURG PIKE, AND ON THE EAST SIDE OF INTERSTATE ROUTE NO. 81 ABOUT 1 3/4 MILES NORTH OF CLEARBROOK AND SITUATE IN STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA. NOTE: NO TITLE REPORT FURNISHED. NOTE- THESE TRACTS ARE NOT IN THE 100 YEAR FLOOD PLAIN DESIGNATED BY H.U.D. FIRM COMMUNITY PANEL NO. 510063 0075 B, DATED JULY 17, 1978. I HEREBY CERTIFY THAT ON JUKE 5, 1996 I MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. SURVEY NO. 207 DUNK LAND SURVEYS INC. SHEET NO. I OF 2 BERRYVILLE, VIRGINIA JUNE 6, 1996 • C7 -TfAIV 6V t.,/ �5VI?1-0 �54 �r, 3 0 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn: Resident Engineer 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: John E. Bowers & Patricia R. Bowers Rt 1 Bcx 2.501 --- Berryville. VA 22611 (540) 955-4513 Name of development and/or description of the request: Location: Va. Dept. of Transportation Comments: 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 rights-of-wav must be covered by a lard use permit. The permit is issued by this office and requires an inspection fee _arid d eLy uviid coverage. VDOT Signature and Date: & (NOTICE TO RESIDENT ENGINEER*PLEASE RETU T IS FORM T PPLICANT.) 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. o`� • q�'7 b 1 `7 � 5(P 1�-- 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: John E. Bowers & Patricia R. Bowers Rt 1 Box 2501 -- Berry%ilLe, VA 22611 (540) 955-4513 Name of development and/or description of the request: Existing Building @ 4489 Martinsburg Pike, Clearbrook, VA 22624 To be used as an Antique Shop. 33-A-93 Location: Rt 11. North, 4489 Martinsburg Pike, Clearbrook, VA 22624 Health Department Comments: a�Tv4eq 11d 3164*2,e .CAS 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. C NY NG R ®FVt, s �J E REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Rent Street Winchester, Virginia 22601 (540) 665-5650 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: John E. Bowers & Patricia R. Bowers Rt 1 Box 2501 -- Berryville, VA 22611 (540) 955-4513 Name of development and/or description of the request: Existing Building @ 4489 Martinsburg Pike, Clearbrook, VA 22624 To be used as an Antique Shop. 33-A-93 Location: Rt 11, North, 4489 Martinsburg Pike, Clearbrook, VA 22624 Map # 33-A-93 Inspection Department Comments: Comments are on the back of this form Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT.*PLEASE, 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. Building shallcomply with the Virginia Uniform Statewide Building Code and Section 309, Use Group M (Mercantile) 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 Accorm-edations and in Commercial Facilities. Floor plan and detail showing ADA access to the building shall be su hu for a change of use building permit. Inspection for code compliance will be formed and Certificate of Use and Occupancy issued. COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.CUP97-0008 Date Received 3/31/97 Date Reviewed 4/16/97 Applicant John E. & Patricia R. Bowers Address Rt. 1 Box 2501 Berryville, Virginia 22611 Project Name Antique Shop Phone No. 540-955-4513 Type of ApplicationCUP Current Zoning RA 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall Tax I.D. No. 33-A-93 RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SystenKX Other "Knox" Fire Dept. Entry System REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments Access to all structures must be maintained at all times for emergency vehicles, via Fire Lanes Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate XX Inadequate Not Identified ,� `:-'\ Siamese Location Adequate Inadequate Not Identified XX Q4�4iO� Additional Comments Attached? Yes XX No Air Plan Approval Recommended? Yes XX No &• Signature y Title Additional Comments- 1. Access to the building should be maintained at all times. This access should be via designated Fire Lane, minimum 20' wide. . 2. The Occupancy load, and egress requirements for a "Business" Use Group, as established in the Uniform Statewide Building Code, must be adhered to. 3. Prior to opening, please contact the Fire Marshal's Office for inspection. Recommend Approval Douglas A. Kiracofe� �<<:-mot Fire Marshal Date i� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 NWIFICAVI OINI Jr PUBLIC )EARUI IG June 25, 1997 TO,: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OF JOHN AND PATRICIA BOWERS, CONDITIONAL USE PERMIT #007-97 On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on July 9,1997, at 7:15 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the application of John and Patricia Bowers to operate an antique shop. The property is located at 4489 Martinsburg Pike and is identified with Property Identification Number 33-A-93 in the Stonewall 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, drew D. Evans oning Administrator ADE/cc 107 North Kent Street • Winchester, Virginia 22601-5000 This i to certify that the attached correspondence was mailed to the following on ,� 1- from the Department of Planning and Development, Fred ck County, Virginia: I X-sc)X :3;.`io 5. 7f+lii:RRYV:(:L..1.„E::1 VFt R01.4Y, ,1::'h1a:1...1...il:It, � WEiNIAN...i... & ='4�+'r`x:3 tnrll•�'i'.I.i�li:�X:�t.ii'�t,Y I.d,l.lii::. t..1...6:.AR1,sitit.lOK , VA 2 w:3 6.2 4.... 1 ;:3W 1:@'T' i', mi:i:ryI::: Diii-3-J 1VEKNI, MdbNUiEl... t, d:.IVfi .. .2262/4... 4469 i" A- R-,f'.I.N,1-3Xsl.JRG I::*.I.I<I�. d.:l..:l:IARX-'4R C)K , VA STATE OF VIRGINIA COUNTY OF FREDERICK (:. oi<E c.116�(i1..:1:::3 (1 44015. I✓it`rt +'T' :is �l; 3X:+i.i!'1 t:Y ~.i::• :i: It ti.". :1Rt: OK , Ve-) 1 And D. Evans, Zoning Administrator Fr,p'derick County Planning Dept. I, a j 1 , a Notary Public in and for the State and County aforesaid, do hereby certify that Andrew D. Evans, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated t n' c� •g —1 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this c9� day ofyu ne . I ` 1`l My commission expires on Ffhai .ni D q ) - t 1 1 NOTARY PUBLIC I May 21, 1997 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 INI AIrICA\rI JAN F PUBLIC i-I:Ai ING TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OF JOHN AND PATRICIA BOWERS, CONDITIONAL USE PERMIT #007-97 On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on June 4,1997, at 7:00 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the application of John and Patricia Bowers to operate an antique shop. The property is located at 4489 Martinsburg Pike and is identified with Property Identification Number 33-A-93 in the Stonewall 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, ADE/cc ator 107 North Kent Street - Winchester, Virginia 22601-5000 • This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick C unty,Virginia: 3;3 A 0'00KE, CHARLES A. & E TTY L. 4401. HARTINEU.4URG* PIKE 33 A 9:2 C:I...E:ARE'4ROOK , VA. BOWERS, .JOHN E & PATRICIA R 22624 ROUTE i F.sox 2501 BERRYVIL_L_E, VA 2261 i 33A i i f3 (�t:)IeY, IWHI1...1._:CI WE::NDEI._i._ & 447E3 MAR'T'INSr-.jtjF: (a 1=•IKE CL..E::ARFii OOK , VA 2:•?t424•— 33A i 20 SWARTZ, MERLE LUTHER 4496 MART'INSBURG 1-•IKE CI._F:AREe1= OOK , VA 22c524••— 33 A 91 DE::HA VEN , ►•4ANUEL C . 4273 MARTINSBURG PIKE CI._EAREIM.JOK , VA. 22624 33 A 95 BF' ANDT , DAR I E::N R CI_.E:AIiIF:tFi(7(aK , VA C 22624-- drew D. Evans, Zoning Administrator rederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I,EefliA o Ha I 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 Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State Ind County aforesaid. Given under my hand this day of frig/ My commission expires on l� 1 NOTARY PUBLIC 94