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Home My WebLink About15-97 Garris & Eva Poling (Sign No. 2) (Hale Property) - Gainesboro - Backfiler CUP TRACKING SHEET (To be completed by Frederick Co Staff only.) cup # IS - q 7 Owner/Applicant i Application Date Fee Paid ® yes initials: 514 u Sign Deposit = yes Sign return date: Submittal Cut -Off Date 9 --% P/C Mtg. date: lQ- 1- 77 BOS Mtg. date: ILL-q% AGENCY REVIEW COMMENTS VDOT Airport Authority ,i Inspections / City of Winchester Fire Marshal Co Sanitation Authority ✓ _ Health Dept. PLANNING COMMISSION RECOMMENDATIONS OF ( 64-, A_) /, /2 ?7 (date) 17, APPROVAL (WITH CONDITIONS) yes no 1 j� E:1 DENIAL Sig ,Secretary Date /0 - Z - 7 BOARD OF SUPERVISORS PUBLIC HEARING.} ACTION ^� .2 (date) APPROVAL ;... l Sign ounty Adm. C7:DENIAL Date O io-a4-q7 �1a�f pf �-�p�.�-�Z� CASH RECEIPT r - Date __ 19 C1a� 5195 jS, Received From Address g? .w r For Dollars $ u d '�' a AMT. OF ACCOUNT CASH AMT. PAID CHECK By BALANCE DUE MONEY ORDER FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 October 24, 1997 Mr. and Mrs. Gams 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 9014-97 and 9015-97. 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: 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, '� -'- '/ 6 --'� Eric R. Lawrence Planner II ERL/cc cc: Richard Shickle, Gainesboro District Representative O: W G EN DAS\APP R V LTR\POLlNG2.CUP 107 North lent Street - Winchester, Virginia 22601-5000 PC REVIEW: 10/1/97 BOS REVIEW: 10/22/97 CONDITIONAL USE PERMIT #015-97 Garris and Eva Poling Off -Premise Business Sign -Hale Property - LOCATION: This property is located on the northern side of Route 50 West, just west of Whitacre Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 27-A-58 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Vacant (old business) ADJOINING PROPERTY ZONING & USE: North: Zoned RA (Rural Areas) District; Land Use: Residential East: Zoned RA (Rural Areas) District; Land Use: Residential South: Zoned RA (Rural Areas) District; Land Use: Agricultural West: Zoned RA (Rural Areas) District; Land Use: Residential PROPOSED USE: Off -premise business sign (24" 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. Larry 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 #015-97 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 minimum 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 fiom 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 fiom 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. CJ 0 Garris and Eva Poling - CUP #015-97 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 from 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.) O:\AGENDAS\COMMENTS\POLING 2.CUP �ultod 12nH �? ST.IJ12D 8g-V-42 �,6-9ZO# d11D SC MS L£ £ l 0£ VC* 8£ 96 6f £4 Oi l* Zl 06 Zi / b`6 6 09 10JCS ti4 ll 6i / 6� S Y8 lS fa £B n .auw+ 9i SB ZS SL V£S ZB iL V£S 9Li £L Le V9L 9£S b +f S 89L T9 i L SS i 9 �9L 99 V 9 �9 ZL yg x[ 059 S OL 89 8L 09 -S / VZL 06S V60 ti B69 60Z OLZ llZ l Z bgs lL BOZ LOZ £ £ OL �OZ ti� ° °d i l f l Z oti oti �'b # y S[f it O l Sl 20F £t£ 9 6 L FOF 8 Z lS f 01F jZ9 £9 09 801 !OF w 90 F D09 809 Sp F 69 Pyo V09 Submittal Deadline -5,- q r7 P/C Meeting to- 1-q'7 BOS Meeting zo-2z-n APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA / 1. Applicant (The applicant if the owner v other) NAME: ADDRESS: TELEPHONE 6- 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 6TO I feet and a depth of "' feet and consists of — acres. (Please b exact) 5. The property is owned &JJLas evidenced by deed from recorded ( eviou owner) in deed book no. on page -- 3 , as recorded in the records of the C erk of the Circuit Court, County of Frederick. 6. 14-Digit Property Identification No. 2 7_ $� Magisterial District Cq,-JF�Cc,tc Current Zoning 7. Adjoining Property: USE North K f-S East South West S ZONING 7-.9 -3 -2 8. The type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed: 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: NAME72j-AAo0 -h2"a - Z ADDRESS ..•. .. NAME�../. Diu /i •i .�� `/ ADDRESS PROPERTY D. 4L 7/I o�-G,-C, 3 7 �✓ L•,� 1111p,14 L-ROARTY . .. : L `I �• • AAME f �•�. 'i!R!/.�:-'.rl!)�!7: ADDRESS„iIT7G! _f�•'�T Iflt�:'ri PROPERTY ID#a-7- NAME PROPERTY ID# :2 -A- -8 -&�-�Ot• NAME PROPERTY ID# ADDRESS NAME 2na &q ESS 101' PROPERTY , I / i 0 " " • (k: 2Q7 208 211 = 209 210 59E 209A� - 8 ./,7SN 5 1 4N1e5 I r K, CG0 37 56 /I 59D 2.T6--424 See 60 tI • • 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 Owners' Telephone No. 13 513 - I1) /? TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: - y W eery -r C� D o • ppk Rd �? N N � 1 j,jPZLJ--olS—otT7 a' `?06 O -,Z7 o Q 2i5 co N N O CD 0 0 CD m D 2�.3 Ln ��a 2 a�o1 C.n `D CJ� CD CO m � V � oho Q. N f o o o 1aEsT� 0 o (sec-A'tr).. 4S �Ite�n W o o Tj�JEC. Lq�E , 4- o 0 yy3 O� N O O pie +0 I ., d> �' D o � ° N 3 N 00 rn J cr)i W 1 o N � � ct o 0 /r'pys REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn: Resident Engineer P.O. Bog 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: � � � cf/ y � `�� Name of development and/or description of the request: -e, �- s ` Location: Va. Dept. of Transportation Comments: 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. Larry Curry at (540) 332-9098. VDOT Signature and Date: (NOTICE TO RESIDENT ENGINEER*PLEASE RETURN THIS P y1m 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. :, 0 • REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Sanitation Authority 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: (�Arv-(' S N5 a i ;;t, t--o t4 i 4 Q e,-cam 1J a a .may n- fir 7-- z co 3 Name of development and/or description of the request: :5 U Y'e. Location: Sanitation Authority Comments: Sanitation Authority Signature & Date: (NOTICE TO SANITATION ORITY * RETURN THIS FORM TO APPLICANT.) c/ C/G 3 D � y► 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. A6 • • 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 Date.-' •j�--v/sU/� (NOTICE TO DIRECTOR * PLEASE RETUP THIS FORM TO THE AP LICANT.) It is your responsibility to complete phis 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. • 5C)ao93q K.t. 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: 7 Name of development and/or description of the request: �s519n1 Location: Health Department Coniiments: Signature and Date: KcLt,,1 Z� . S - /-9 7 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 • 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: Location: i Winchester Regional Airports Comments: 1 G,n Gk- S LJ (''C) S Q M Jsp 2 S KD 1 M CJ C`C:*- Airport Signature and Date: (Y \Q 9 l 3 U) (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. S i 0 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: Sq S - � g �- &C-11y 1 Zc- Name of development and/or description of the request: wn `, S'o- S i! i lLl 5 '4b try Location: L -Sb 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 applicatipn. Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT.*PLEASE NOTICE TO APPLICANT TO APPL 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 0 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/Aisleway 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 e COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 1 I J'rIFICArI Jai OF PUBLIC AEARI l G. October 8, 1997 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OF GARRIS AND EVA POLING, CONDITIONAL USE PERMIT #015-97 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 Charles and Ruth Hale, and identified with Property Identification Number 27-A-58 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. ereiy, 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 �f —C;" IQ % from the Department of Planning and Development, Frederick County, Virginia: Mr. & Mrs. Garris Poling 212 Whitacre Road Gore, VA 22637 27 - A- - 58- HALE, CHARLES R. & RUTH A. P.O. BOX 147 GORE, VA. 22637 27 -3- 2- 209- SCHWERTFEGER, THERON B. & JANE 188 POND RD GORE, VA. 22637 27 - A- - 56- WHITACRE, RUSSELL J. JR. 7689 NORTHWESTERN PIKE GORE, VA. 22637 27 - A- - 59-C POLK, HARMON N & VIOLA T 165 WHITACRE ROAD GORE, VA 22637 27 - A- - 59-0 WILLIAMS, JAMES B & ESTHER K POBOX 153 GORE, VA 22637 27 - A- - 5. LUEBEHUSEN, JOAN PUGH & HUGH LUEBEHUSEN 3706 CONDUIT ROAD COLONIAL HEIGHTS, VA. 23834 27 - 3- 2- 210- HARBAUGH, MARY MARGARET 31B BEER RUN ROAD GORE, VA 22637 Z6 - 1,4 Eric R.Lawrence,-'Planner II Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, &th Pnn W, a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Planner II, for the D�e1partment of Planning and Development, whose name is signed to the foregoing, dated 1. 1 , has personally appeared before me and acknowledged the same in my State and Co my aforesaid. Given under my hand this day of ()0'VhCr M % My commission expires on 1 )I� Wj 6),Q t 1Qch �ARYBLIC Sign #2 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 ii J•rl.nuiviOiI OF PUIBL IC .11EAZl! Ir September 17, 1997 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OF GARRIS AND EVA POLING, CONDITIONAL USE PERMIT #015-97 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 Charles and Ruth Hale, and identified with Property Identification Number 27-A-58 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. Sincer ly, 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 �6T-- 'A / r] from the Department of Planning and Development, Frederick C nontty, Virginia: 27 - A- - 58- HALE, CHARLES R. & RUTH A. P.O. BOX 147 GORE, VA. 22637 27 - 3- 2. 209- SCHWERTFEGER, THERON B. & JANE 188 POND RD GORE, VA. 22637 27 - A- - 56- WHITACRE, RUSSELL J. JR. 7689 NORTHWESTERN PIKE GORE, VA. 22637 27 - A- - 59-C POLK, HARMON N & VIOLA T 165 WHITACRE ROAD GORE, VA 22637 27 - A- - 59-D WILLIAMS, JAMES B & ESTHER K 27 - A- - 5- LUEBEHUSEN, JOAN PUGH & HUGH LUEBEHUSEN 3706 CONDUIT ROAD COLONIAL HEIGHTS, VA. 23834 27 - 3. 2. 210- HARBAUGH, MARY MARGARET 318 DEER RUN ROAD GORE, VA 22637 Mr. & Mrs. Garris Poling 212 Whitacre Road Gore, VA 22637 P 0 BOX 153 GORE, VA 22637 Eric R. Lawrence, Planner II Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK 1, Wi n � a 1 � ' , a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Planner II, for he De artment f lanning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and Co my aforesaid. Given under my hand this 1-T'h day of My commission expires on OTARY PUBLIC al O � S 60B 60C �p� o �08 0 60 _ l70 sF r 7 9 313 p 6 10 314 ? 3p7 5 R° 9 12 13 14 P N ry N ry ?p7 70 / 3 207 71 208 59q 48 4C 211 210 209 596 209A 59C ;2A LU-424 S" e0 59C 72C 0` 56 76C S 2 Pt. �. 768 Gov 76A (o 27Pts. 85 Road µo11M R i Qo h0) 97 N 9�q 42 Rt 41 40 Q+` 39 Sw 35 CUP #0 15-97 27—A-58 Garris & Eva Poling