HomeMy WebLinkAbout14-97 Garris & Eva Poling (Sign No. 1) - Gainesboro - Backfilef
CUP TRACKING SHEET
(To be completed by Frederick Co Staff only.)
CUP # 014 - q 7
Owner/Applicant 6f c('
Application Date 2-,5 - q 7
Fee
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initials: /72H
Sign
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Sign return date:
Submittal Cut -Off Date q - s - / 7
P/C Mtg. date: - BOS Mtg. date: /O-,?)-97
AGENCY REVIEW COMMENTS
V//_ VDOT ,, Airport Authority
V/ Inspections City of Winchester
Fire Marshal Co Sanitation Authority
Health Dept.
PLANNING COMMISSION RECOMMENDATIONS OF
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APPROVAL (WITH CONDITIONS) 1-' yes no
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0* FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
October 24, 1997
Mr. and Mrs. Garris Poling
212 Whitacre Road
Gore, VA 22637
Dear Mr. and Mrs. Poling:
The Board of Supervisors, at their regularly scheduled meeting of October 22, 1997, took action on
Conditional Use Permits #014-97 and #015-97. The conditional use permits were approved for off -
premise business signs on property identified with P.I.N. 27-A-58 (Hale property) and P.I.N. 27-A-72
(Holliday property), zoned RA (Rural Areas). These properties are located along Route 50 West.
Approval was given with the following conditions:
1. If the business being advertised ceases operation, the sign must be removed.
2. Review agency comments must be complied with at all times.
Should you have any questions or if I may be of further assistance, please contact me.
Sincerely,
Eric R. Lawrence
Planner II
ERL/cc
cc: Richard Shickle, Gainesboro District Representative
0 \AGENDASWPPRVLTR\P0LING2.CUP
107 North Kent Street - Winchester, Virginia 22601-5000
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
Finance Department
1EROM: Karen A. Cain, Receptionist/Clerk Typist I1Q� --
SUBJECT: Return Of Sign Deposit
DATE:. November 5, 1997
The amount of $50.00 was deposited in line item # 10-911-08 for the person named below as a
deposit for two signs for Conditional Use Permit #014-97 & #015-97 for Gams & Eva Poling.
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. Garris Poling
212 Whitacre Road
Gore, VA 22637
107 North Kent Street • Winchester, Virginia 22601-5000
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PC REVIEW: 10/1/97
BOS REVIEW: 10/22/97
CONDITIONAL USE PERMIT #014-97
Garris and Eva Poling
Off -Premise Business Sign
-Holliday Property -
LOCATION: This property is located on the northern side of Route 50 West, just east of
Whitacre Road.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 27-A-72
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Agricultural
ADJOINING PROPERTY ZONING & USE:
North: Zoned RA (Rural Areas) District; Land Use: Residential
East: Zoned RA (Rural Areas) District; Land Use: Agricultural
South: Zoned RA (Rural Areas) District; Land Use: Residential
West: Zoned RA (Rural Areas) District; Land Use: Agricultural
PROPOSED USE: Off -premise business sign (30" x 48")
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: In accordance with the laws of the Commonwealth of
Virginia, no private advertisement sign can be placed on the State's right-of-way. Prior to
erection on private property a permit may have to be applied for through our District Office
in Staunton. You may do so by contacting Mr. Lamy Curry at (540) 332-9098.
Inspections Department: Structure shall comply with Virginia Uniform Statewide Building
Code and Section 312, Use Group U (Utility) of the BOCA National Building Code. Please
•
Garris and Eva Poling - CUP #014-97
Page 2
October 16, 1997
note Chapter 31, Section 3102.0 - Signs of BOCA, for requirements. Submit structural and
foundation details with building permit application.
Fire Marshal: No comments.
Health Department: No objections IF the signs do not encroach upon any existing or
proposed sewage disposal systems.
Planning and Zoning:
Background
The Polings received a Conditional Use Permit in December 1996 (CUP #014-96) to operate
an antique shop (G&E Antiques) at their property on Whitacre Road. Now that the site
improvements at their business have been completed and the shop is open for business, the
frequency of customers is not as significant as anticipated. The applicant feels that the
number of customers is minimal due to the location of the business, and a sign informing the
traveling public about their business would be necessary to increase business.
Comments
The Zoning Ordinance states that signs that advertise businesses not located on the same lot
as businesses are located shall be considered `off -premise business signs'. Off -premise
business signs are permitted in some zoning districts with the approval of a conditional use
permit.
Off -premise business signs in the RA (Rural Areas) Zoning District are allowed with an
approved conditional use permit. Such a sign will be restricted to a maximum of 12 square
feet in size and eight feet in height. Placement of the sign shall be at least 10 feet from any
property line or road right-of-way. The sign must be at least 50' feet from any other business
sign.
The applicant has had difficulty determining the location of the Route 50 West right-of-
way; the sign must be placed no closer than 10 feet from the right-of-way. Staff has met
with Steve Melnikoff from the Winchester Office of the Virginia Department of
Transportation and agreed that the applicant will need to provide both VDOT and the
County with a survey that clearly illustrates the location of the right-of-way and the sign.
0
LI
Garris and Eva Poling - CUP #014-97
Page 3
October 16, 1997
Staff Recommendation for 10-1-97 Planning Commission Meeting: Staff recommends approval
with the following conditions:
If the business being advertised ceases operation, the sign must be removed.
2. Review agency comments must be complied with at all times.
PLANNING COMMISSION SUMMARY & ACTION OF 10/01/97: Additional information
was received at the Commission's meeting from VDOT's Staunton District Office, that was not
available at the time the staff report was completed. Staff reported that Virginia Outdoor
Advertising Laws prohibit off -premise business signs exceeding two square feet on Federal "A"
Primary Roads. The applicant was willing to modify his application and reduce the requested sign
size from 12 square feet to two square feet.
Members of the Commission questioned whether the smaller sign size would achieve the desired
results for the applicant and they asked whether a larger sign could be erected, if a special permit
was applied for fiom the State. Staff noted that Virginia Outdoor Advertising Law states that signs
exceeding two square feet are only permitted on business -zoned property, with an operating
business.
No other areas of concern were raised by the Commission and there were no public comments. The
Planning Commission unanimously recommended approval with conditions as stated by staff.
(Mr. Marker was not present at this meeting.)
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CUP #014-97 27—A-72
Garris & Eva Poling
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
Applicant (The applicant
the owner
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NAME: �`qr.. s s Z ESA O % �5
ADDRESS: JA oZo'Z/o3:z
TELEPHONE 3'yo ggg 3
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 a road frontage of J.300 1 feet and a
depth of /oF.301 feet and consists of7, /� acres.
(Please be exact)
5. The property is owned by
c��_� as
evidenced by deed from
d, recorded
(previous owner)
in deed book no. 4.on page43
d as recorded in the
records of the Clerk of the
Circuit Court, County of
Frederick.
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6. 14-Digit Property Identification
No.
Magisterial District r—A J Fz: o
Current Zoning F1
7. Adjoining Property:
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The type of use proposed is (consult with the Planning Dept.
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9. It is proposed that the following will be
constructed: Lo Q
10. 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 where the
requested use will be conducted. (Continue on back if
necessary.) These people will be notified by mail of this
application:
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12. Additional comments, if any: .d,� L-W
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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 l 0� W' .�� '-"i• �� 02�yc, ��(a3�
Owners' Telephone No. - -
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
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REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Virginia Department of Transportation
Attn: Resident Engineer
P.O. Box 278
Edinburg, Virginia 22824-0278
(540) 984-5600
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:
alo37
Name of development and/or description of the request:
42 s
Location:
L
Va. Dept. of Transportation Comments:
In accordance with the laws of the Cammnwealth of Virginia, no private advertisement
sign can he n],ced on the States right-o_f-way. Prior to PrPcti on on rive fro ty a
permit may have to be applied for through our District Office in Staunton. You may do so
by contacting Mr. Tarry Curry at (540) 332-9098,
VDOT Signature and Date:
(NOTICE TO RESIDENT ENGINEER*PLEA Tffi ORM 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 two (2) copies of your application form, location map and all
other pertinent information.
i �►
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Sanitation Authority X
Attn: Engineer Director
P.O. Box 1877
Winchester, Virginia 22604
(540) 868-1061
The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Virginia,
if you prefer to hand deliver this review.
Applicant's name, address and phone number:
SrS�-3 2-
Name of development and/or description of the request:
o-GJ Cyr t- C.fi 's- �
Location:
Sanitation Authority Comments:
Sanitation Authority Signature & Date:
(NOTICE TO SANITATION ORITY * 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.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
CITY OF WINCHESTER
Attn: Planning Director
15 North Cameron St.
Winchester, Virginia 22601
(540) 667-1815
The City of Winchester Planning Dept. is located in Rouss City Hall
at 15 North Cameron St. in Winchester, if you prefer to hand
deliver this form.
Applicant's name, address and phone number:
Name of development and/or description of the request:
Location:
City of Winchester Comments:
Director Signature and Dater" ft--, %/3,: I
(NOTICE TO DIRECTOR * PLEASE RETU THIS FORM TO THE/APPLICANT.)
It is your responsibility to complete "this form as accurately as
possible in order to assist the agency with their review. Please
also attach a copy of your application form, location map, proffer
statement, impact analysis, and all other pertinent information.
• c'�c93�
REQUEST FOR CONDITIONAL USE PERMIT COMMENT
Winchester -Frederick County Health Department
107 North Kent Street, Suite 201
Winchester, Virginia 22601
(540) 722-3480
The Winchester -Frederick County Health Department is located in the County Administration
Building at 107 North Kent Street in Winchester, if you prefer to hand delivered this form.
Applicant's name, address and phone number:
Name of development and/or description of the request:
Location:
Health Department Comments:
u - !' J� C/il P � � �i r, _ n /1r/-�J t �'L'✓i: `t� .•i. �i��CI ;� � �!t-+
Signature and Date:
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.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Winchester Regional Airport
Attn: Executive Director
491 Airport Road
Winchester, Virginia 22602
(540) 662-2422
The Winchester Regional Airport is located on Route 645, off of
Route 522 South, 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:
J
Location:
Winchester Regional Airports Comments:
c, r1 CA S o c; —. e D c. c �—
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r
Airport Signature and Date:
(NOTICE TO AIRPORT. * 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,
proffer statement, impact analysis, and all other pertinent
information.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Inspections Department
Attn: Building Official
107 North Kent 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:
Name of development and/or description of the request:
,A- e mho
Location:
� _f�b W �
Inspection Department Comments:
Structure shall comply with the Virginia Uniform Statewide Building Code and
Section 312 Use Group U (Utility) of the BOCA National Building Code. Please note
Chapter 31 Section 3102.0 Signs of BOCA for requirments. Submit structural and
foundation details with Building permit application. Z-A
Code Administrator Signature & Date: VZCAM
(NOTICE TO INSPECTIONS DEPT.*PLEASE Bt7URN THIS F
NOTICE TO APPLICANT
f R Z 6ATO APPL ANT. ) p
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, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No.CUP97-0016 Date Received 7/30/97 Date Reviewed 7/31/97
Applicant Garris Poling
Address 212 Whitacre Rd.
Gore, Virginia
22637
Project Name G & E Antiques Phone No. 540-888-3263
Type of ApplicationCUP Current Zoning RA
1st Due Fire Co. 14 1st Due Rescue Co. 16 Election DistrictGainesboro
Tax I.D. No.
RECOMMENDATIONS
Automatic Sprinkler System Residential Sprinkler System
Automatic Fire Alarm System Other
REQUIREMENTS
Emergency Vehicle Access
Adequate Inadequate Not IdentifiedXX
Fire Lanes Required Yes No XX
Comments
Roadway/Aisleemy Widths Adequate XX Inadequate Not Identified
Special Hazards Noted Yes No XX
Comments
Hydrant Locations Adequate Inadequate Not IdentifiedXX
Siamese Location Adequate Inadequate Not Identified XX
Additional Comments Attached? Yes No XX Off -premises sign only
Plan Approval Recommended? Yes XX No
Signature - Title
• 0
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
October 8, 1997
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: APPLICATION OF GARRIS AND EVA POLING, CONDITIONAL USE PERMIT #014-97
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing on
October 22,1997, 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 Garris and Eva
Poling for an off -premise business sign located on Route 50 West on property owned by Stephen and
John Holliday, and identified with Property Identification Number 27-A-72 in the Gainesboro 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,
Eric R. Lawrence
Planner II
ERL/cc
107 North Kent Street • Winchester, Virginia 22601-5000
,J� # / C " AdA�t 7
0
This is to certify that the attached correspondence was mailed to the following on
9 % from the Department of Planning and Development,
Frederick Cou t , Virginia:
27 - A- - 72.
HOLLIDAY, JOHN G JR & STEPHEN R
188 WHITACRE ROAD
GORE, VA 22637
27 - A- - 72-B
HOLLIDAY, JOHN G. JR.
7796 NORTHWESTERN PIKE
GORE, VA. 22637
27 - A- - 73- 0 76
WHITACRE, CLAY A
POBOX 10
GORE, VA 22637
27 - A- - 69-
WHITACRE, RAYMOND J. & LINDA H
P0BOX 10
GORE, VA 22637
STATE OF VIRGINIA
COUNTY OF FREDERICK
27 - A- - 72-A
POLING, GARRIS G. & EVA M.
212 WHITACRE RD
GORE, VA 22637
27 - A- - 72-0
WHITACRE, GARY G
166 WHITACRE RD
GORE, VA 22637
27 - A- - 55.
WHITACRE, RUSSELL JR.
7689 NORTHWESTERN PIKE
GORE, VA. 22637
27 - A- - 54-
WHITACRE, DONALD & SUE E.
218 PUGH LANE
GORE, VA. 22537
zl-� /"-
Eric R. Lawrence, Planner 11
Frederick Co. Planning Dept.
I, &�h I—n )n �1 cq � i , a Notary Public in and for the State and County
aforesaid, do hereby certify that Eric R. Lawrence, Planner II, for the Department of Planning
and Development, whose name is signed to the foregoing, dated C�'tC,l W B. �9 1 1 , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this day of Gck�Dt lgg1
My commission expires on Fe bpj tali I Oq l l `t `"I
OTARY PUBLIC
Sign #1
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
mcirlr uivi m Of PUBLIC rlUNWINIGG
September 17, 1997
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: APPLICATION OF GARRIS AND EVA POLING CONDITIONAL USE PERMIT #014-97
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on
October 1, 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 Garris and Eva
Poling for an off -premise business sign located on Route 50 West on property owned by Stephen and
John Holliday, and identified with Property Identification Number 27-A-72 in the Gainesboro 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,
c
Eric R. Lawrence
Planner II
ERL/cc
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 nty, Virginia:
27 - A- - 72-
HOLLIDAY, JOHN G JR & STEPHEN R
188 WHITACRE ROAD
GORE, VA 22637
27 - A- - 72-B
HOLLIDAY, JOHN G. JR.
7796 NORTHWESTERN PIKE
GORE, VA. 22637
27 -A. - 734-7E?
WHITACRE, CLAY A
P0BOX 10
GORE, VA 22637
27 - A- - 69-
WHITACRE, RAYMOND J. & LINDA H
P0BOX 10
GORE, VA 22637
27 - A- - 72-D
WHITACRE, GARY G
166 WHITACRE RD
GORE, VA 22637
STATE OF VIRGINIA
COUNTY OF FREDERICK
27 - A- - 72-A
POLING, GARRIS G. & EVA M.
212 WHITACRE RD
GORE, VA 22637
27 - A- - 55-
WHITACRE, RUSSELL JR.
7689 NORTHWESTERN PIKE
GORE, VA. 22637
27 - A- - 54-
WHITACRE, DONALD & SUE E.
218 PUGH LANE
GORE, VA. 22637
Eric R. Lawrence, Planner II
Frederick Co. Planning Dept.
I, I?Effi Ofi f) AA , a Notary Public in and for the State and County
aforesaid, do hereby certify that Eric R. Lawrence, Planner II, fo 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 day of
My commission expires on IL
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CUP #014-97 27—A-72
Garris & Eva Poling