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HomeMy WebLinkAbout16-97 Joyce M Brinklow - Back Creek - Backfiler 1 CUP TRACKING SHEET (To be completed by Frederick Co. Staff only.) CUP # 0/ G q 7 Owner/Applicant Application Date 9 -22 - 9 7 Fee Paid 0 yes initials: -1-114 C Sign Deposit yes Sign return date: Submittal Cut -Off Date - /0 - q 1% P / C Mtg . date: 1 (-,,�--q 7 BOS Mtg . date : - %r' 17 AGENCY REVIEW COMMENTS VDOT Airport Authority Inspections City of Winchester Fire Marshal Co Sanitation Authority Health Dept. PLANNING COMMISSION RECOMMENDATIONS OF % (date) APPROVAL (WITH CONDITIONS) ✓ yes no 1 -y DENIAL Sig ,Secretary Date /L i — q 7 BOARD OF SUPERVISORS PUBLIC HEARING ACTION % (date) APPROVAL � jam, ��rt-'�.....�. %i �r � w..s"."'".. Signe i ' , C Sunfy Adm. DENIAL Date 12 - 5- -1 7 9-Z2-97 j I C? cc 0 MEN Received From Address For — AMT. OF ACCOUNT AMT PAID BALANCE DUE Date'=� �, 19-0025205 lo -lA CASH CHECK MONEY ORDER By Dollars $ 11, 1997 Ms. Joyce M. Brinklow 6668 Valley Pike Middletown, VA 22645 Dear Ms. Brinklow: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 The Board of Supervisors, at their regularly scheduled meeting of December 10, 1997, took action on Conditional Use Permit #016-97. The conditional use permit was approved for a cottage occupation for an indoor bargain shop on property identified with P.I.N. 90-A-56, zoned RA (Rural Areas). This property is located at 8421 Valley Pike. Approval was given with 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. Applicant limited to a single, four -square foot sign. 4. Only members of the household shall be employed at the facility. 5. Expansion of the existing building, up to 100% of its existing size, will be allowed with an administratively -approved amended conditional use permit and submittal of a minor site plan, also to be administratively approved. 6. No outside storage, display, or sales from this location. Should you have any questions or if I may be of further assistance, please contact me. Sincerely, D. Evans, CZA Administrator MTR/cc cc: Margaret B. Douglas, Back Creek District Representative 107 North Kent Street • Winchester, Virginia 22601-5000 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 Vw 11. is.a7 DATE: December 18, 1997 The amount of $25.00 was deposited in line item # 10-911-08 for the person named below as a deposit for a sign for Conditional Use Permit #016-97. 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 Mrs. Joyce Brinklow 8421 Valley Pike Middletown, VA 22645 107 North Kent Street - Winchester, Virginia 22601-5000 • 0 PC REVIEW: 11/5/97 BOS REVIEW: 12/10/97 CONDITIONAL USE PERMIT #016-97 JOYCE M. BRINKLOW Cottage Occupation - Indoor Bargain Shop LOCATION: This property is located at 8421 Valley Pike, south of Middletown. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 90-A-56 PROPERTY ZONING & PRESENT USE: Zoned,RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas)and B1 (Business Neighborhood) Districts; Land Use: Residential, vacant, museum/visitor center, battlefield. PROPOSED USE: Cottage Occupation - Indoor Bargain Shop 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 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. Inspections Department: Building shall comply with Virginia Uniform Statewide Building Code and Section 309, Use Group M (Mercantile) of the BOCA National Building Code. The building shall have access and parking in accordance with CABO A117.1-92, Accessible and Useable Buildings and Facilities. Please submit a floor plan of existing building when application is made for Change of Use permit. A certificate to occupy the new use shall be issued before this is open to the public. • 0 Joyce M. Brinklow - CUP #016-97 Page 2 December 2, 1997 Fire Marshal: Access to all structures (for emergency vehicles) must be maintained at all times. Health Department: No objections if: 1) No employees other than business owner; 2) No public restrooms; 3) No water available for public consumption; 4) No additions to the business shed. Planning and Zoning: The proposed use will be located in an existing building approximately 14' x 20' in size. Storage has been the previous use of the building. Some modifications will be required for a change of use to comply with Inspections Department comments. VDOT is recommending a commercial entrance via their comments. A commercial entrance on an urban road is different than on a secondary road. The commercial entrance, along with a suitable parking area, is needed at the site. A (minor) site plan requirement has been discussed with the applicant which will address the pattern of traffic in, on, and off the property. This site is adjoining a commercially zoned property and is inclose proximity to industrially zoned property. The applicant has requested indoor and outdoor display as per their application. Staff has a concern for allowing for outdoor display which distracts the passing motorist, and most often presents a clutter picture at the site (i.e. yard sale). Staff recommends all review comments are complied with to ensure that the proposed use does not change the character and established pattern of development of the area. Staff Recommendation for 11/5/97: Staff recommends approval of this request 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. Applicant limited to a single four (4) square foot sign. 4. Only members of the household shall be employed at the facility. 5. Any expansion of the building will require a new conditional use permit application. O:\AGENDAS\COMMENTS\BRINKLOW.CUP • 0 Joyce M. Brinklow - CUP #016-97 Page 3 December 2, 1997 PLANNING CONBUSSION SUMMARY & ACTION OF 11/05/97: Members of the Commission were not in favor of allowing outdoor display because they felt it may develop into a perpetual yard sale. They based this on the high visibility of the site, due to the adjacent historical properties and the Cedar Creek Battlefield Visitors' Center. Commission members decided to place an additional condition on the permit to prohibit the outside display of merchandise. In consideration of the small size of Mr. Brinklow's existing building, they were in favor of allowing expansion of his building, up to 100%, to accomodate the bargain retail store and authorized administrative approval of an amended conditional use permit and a minor site plan, if Mr. Brinklow decided to pursue increasing the size of his building. There were no public comments. The Commission unanimously recommended approval of the conditional use permit, 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. Applicant limited to a single, four -square foot sign. 4. Only members of the household shall be employed at the facility. 5. Expansion of the existing building, up to 100% of its existing size, will be allowed with an administratively -approved amended conditional use permit and submittal of a minor site plan, also to be administratively approved. 6. No outside storage, display, or sales from this location. (Mr. Ours and Mr. Light were absent from the meeting.) O:\AGENDAS\COMMENTS\BRINKLOW.CUP 0 -#0/6•-�7 Submittal Deadline io-io-q P/C Meeting j -S"- 0 1 BOS Meeting / - p- APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: G (2 1• l3 2 kZ4 L, ADDRESS: � 6 G S O _ALL r V P i k old L "e 1 cc "A" U Jq 'U TELEPHONE 2. Please list all owners, occupants, or parties rn interest of the property: 1� 1 A _.i' C'h t' l'r, (' 1 c. <' 1� 3. The property is located at: (please give exact directions and include the route number of your road or street) R T M it O u 'C"1., C E 1 a L-e -Toww _.tJ n u �5 C7 k ems,. f PCs- C pLA,-T 4. The property has a road frontage of i17 S j%cerf3i,vfeet and a depth of geel eer feet and consists of j acres. (Please be exact) 5. The property is owned by �1 S} vG h �D f ?�y e i'' as evidenced by deed from jtlar.5,k 4LL Lee �L e 1C;h t ? recorded (previous owner) in deed book no. /� on page —, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14-Digit Property Identification No. - ,Q Magisterial District ore - Current Zoning /7 /�,2 .7 inv 8. The type of use proposed is (consult with the Planning Dept. before completing) C., ©,f TAa ve (� CC �s NA 9. It is proposed,that the following buildings will be constructed: 1 -'I' r y i S r ,` n y `') LC ► z'A " r, ct 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: NAMEt.,ADERESS L ero v �• UF3. �? �f PROPERTY ID# 2Q ../T NAME (, e ci R% c f e e X 13,9 t- oc A p, 13 e X � q T 114-d44 0 4;11 4, i � � ADDRESS � i�L o j ocl-, PROPERTY ID# q� NAME ,-5 y4>j y ADDRESS PROPERTY ID# e,edAa c-re,2K �:,eia NAME ra u , j .a ADDRESS PROPERTY ID# C%Q -- P 3L -A IN - PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS ADDRESS 7 y� T �KSa-y PI 9c e -Z'� U" p-O. 13 0e kx q v N. Cm LL1 1— >I y �• '"- � d ~ 4 W � C v W U WC • i V) 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. N�7ra ✓a-� Trcl- % r Tvr'�G SqTG tj SA eon- For PAC e i'°Y. 00-7 Door, d' .'s pia. y 0 Welt, dr V Z J 3 NT. 11 Saari 12. Additional comments, if any: -rn srje +)0,Cn0,n S kop w" h 0- _q, -Joo C A -' 5 j2 1 0.v A I m e re ka ,.I � .�o- 1,3 % 11 4b- n.LInti 0Q-,g ejL\o. nQ0,; 5h a D l-1nrius c-3n >I�� bP %! CQ i +1 ( `. L n r p_c, o oy0 rs� �a \ S •0 Q k 6 �j Cer-0CIO ;nc of eL:n;S1,.aa, n;.1oce_ e)n re a, SS�10 n6b fkl'jjP (151 Xac:l;i ;eS/'no .�ene3k; na nSltie� o _ 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 9 -CV Signature of Owner 13 Owners' Mailing Address A L ,m blA21', j2i 1-e e Owners' Telephone No. S�,o 1-0-9) ,?, TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 1 t, THIS DEED, made and entered into this 12th day of June, 1991, by and I� between lOUMMIZ LEE FL97CM and ShRhB B. FLETC3iER, husband and wife, herein called Grantors, and CLYW W. FDIITNER and BLANCHE E. FCIrNM, husband and wife, 1313 Forest Hill Drive, Front Royal, , herein called Grantees. Virginia WrINESSETH: That for and in consideration of the sum of TEN DOLLUS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey 1 with General Warranty and English Covenants of Title unto the said Grantees, Clyde W. Fortner and Blanche E. Fortner, husband and wife, as Tenants by the 1� Entireties and not as Tenants in Comion, with the Express Right of Survivorship as at Common Law, all of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District, Frederick — - County, -Virginia, --about one (1) mile South from Middletown_on-the-East-side-of the Valley Turnpike, now designated as U. S. Route No. 11; said property is described as beginning at (1) a point in East limits of U. S. Route No. 11 and corner to Robert DuBrueler and running with his lie S. 26 E 289 feet to (2) a stake in R. C. DuBrueler's line, thence with said line N. 61 E. 145 feet 3 inches to (3) a stake corner to Coffelt, thence with Coffelt N. 24 1/2 W. 289 feet to (4) a stake in East limits of U. S. Route No. 11, thence with U. S. Route No. 11 S 61 W 156 feet, 3 inches to the beginning, containing one (1) acre. The aforesaid real estate is the identical real estate which was conveyed to Marshall Lee Fletcher, one of the Grantors herein, by deed dated the 22nd day of June, 1973, from Weise B. DuBrueler Baker, et al, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 416, Page 608. Reference is hereby made to the aforesaid deed and records for a more complete description and further derivation of title. This conveyance is made subject to all restrictions, easements and EN U BKr G 1 : ,0993 (z) rights of way of record, if any, affecting the aforesaid real estate. WITNESS the following signatures and seals: r ,A.''11i1 M• �. v9Gt b A T( SEAL ) SARAH H. FLE 01ER STATE OF VIRGINIA 00t)<= OF SHENANDOAH, TO -WIT: The foregoing instrument was acknowledged before me,this 21 S- day of Dune— , 1991, by Marshall Lee Fletcher and Sarah H. Fletcher, hul�end ut� wife..-_ o ( j Q I AA4 Notary Public My Commission Expires: Iff —31 , R4 VIRGINIA: FREDERICK COUNTY, SCT. This I�ns�truument of wr ing was produced to me on tt�a .�y�day #".Z— and19zt1� r�ith eertiflc acknowlcdEmen! tlirruto anntrcdTex L•y Soc. 5:'•51. . was admitted toimposed-it 51. 31. and 58.54 havebeen pa;•J' , i'?�a�sssscc—ssot;a. CLE K 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: C 1 r � � I Name of development and/or description of the request: ��, c,, r n u -r D a a r I[, ,% r 9 z) .-, 5 11 a D e• 101 . r . . Va. Dept. of Transportation Comments: No ob-jection to a conditional use hermit for this property. Howover, prior to operation of the business a commercial entrance must be constructed to our minim standards to allow for safe egress and ingress of the "Q=tyLy. 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 and inspection fee and surety bond coverage. VDOT Signature and Date: (NOTICE TO RESIDENT ENGINEER b 1z 7 THIS I ORM TO APPLICANT.) Ric NOTICE TO APPLICANTo, It is your responsibility to complete this form as accurately 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. 4/ { • 11 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: / I ♦MIN • 11/ Name of development and/or description of the request: (door c u i IJrsm r Barry o Location: �'A LLe ti A i K -A-j ; e1 d ! e Y o v "•cu U q • 2 6 y . 5' R % ' i / Sou i : �/�/ i e 3 It s z e f r A 5 S 13 9 Inspection Department Comments: Comments are on the back of this form. Code Administrator Signature & Date:_ (NOTICE TO INSPECTIONS DEPT.*PLEASE R THIS FORM TO NOTICE TO APPLICANT It is your responsibility to complete this form as accural`�,-a�; possible in order to assist the agency with their revie�.",Also,�'� please attach a copy of your application form, location naQp all, other pertinent information. 90 Cb f • Building shall comply with The Virginia Uniform Statewide Building Code and Section 309 Use group M (merchantile) of The BOCA National Building Code. The building shall have access and parking in accordance with CABO A117.1-92 Accessible and Useable Buildings and Facilities. Please submit floor plan of existing building when application is made .for change of use permit. P, certificate to occupy the new use shall be issued before this is open to the public. K-C, i f6804 130�r 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: 'Coy e,9-^&Ri-v 1�Ge-u l,��Sl URLLev P.*K� _i�adL21nu).,v UA . .S' y o— R b g— '7 .j 147 Name of development and/or description of the request: Location: 7i _ _ 1- T lti Signature and Date: SS NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possi agency with their review. Also, please attach a copy of your applica all other pertinent information. VV f'J' in*rker #4t form 10,-64 n W� o 0 COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.CUP97-0019 Date Received 8/20/97 Date Reviewed 9/5/97 Applicant Joyce M. Brinklow Address 6668 Valley Pike Middletown, Virginia 22645 Project Name Indoor/Outdoor Bargain Shop Phone No.540-869-7319 Type of ApplicationConditional Use Permit Current Zoning RA 1st.Due Fire Co. 12 1st Due Rescue Co. 12 Election DistrictOpequon Tax I.D. No. 90-A-56 RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler SystemXX Automatic Fire Alarm SystemXX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate : Not Identified Fire Lanes Required Yes XX No Comments Access to all structures, for emergency vehicles, must be maintained at all times. 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 Plan Approval'Recommended? Yes XX No SignatureTitle COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 90 - A- - 32- NATIONAL TR 748JACKS WASHINGM ow9w P -jNfeo )CPT. OF "ICING E 97 2VR HISTORIC NW , D.C. 20006-4912 US. POST; H METER 5122 , I�ri�K/ovi CUP I October 22, 1997 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 , icin icrvri m Or PUSL Ic rj=r\Rij irj TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: CONDITIONAL USE PERMIT #016-97, APPLICATION OF JOYCE M. BRINKLOW On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on November 5, 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 Joyce M. Brinklow for a Cottage Occupation/Bargain Retail Store. The property is located at 8421 Valley Pike and is identified with PIN 90-A-56 in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, Andrew D. Evans, CZA /Zoning Administrator ADE/cc 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 HUi'IrICArIJI I Jr PUEJ IC rlEPOING3 October 22, 1997 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: CONDITIONAL USE PERMIT #016-97, APPLICATION OF JOYCE M. BRINKLOW On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on November 5, 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 Joyce M. Brinklow for a Cottage Occupation/Bargain Retail Store. The property is located at 8421 Valley Pike and is identified with PIN 90-A-56 in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning. and Development located at 107 North Kent Street in Winchester, VA. Sincerely, drew D. Evans, CZA oning Administrator ADE/cc 107 North Kent Street • Winchester, Virginia 22601-5000 0 • This is to certify that the attached correspondence was mailed to the following on & - ZZ - 9 7 from the Department of Planning and Development, Frederick County, Virginia: 90 - A- - 56- FORTNER, BLANCHE E 8421 VALLEY PIKE MIDDLETOWN, VA 22645.1911 90 - A- - 57- BAUSERMAN, PEGGY L. 8409 VALLEY PIKE MIDDLETOWN, VA 22645.1903 90 - A- - 55- q0 -A - 32A CEDAR CREEK BATTLEFIELD FOUNDATION INC PO BOX 229 MIDDLETOWN, VA 22645.0229 90 - A- - 32- NATIONAL TRUST FOR HISTORIC 748 JACKSON PL NW WASHINGTON, D.C. 20005-4912 STATE OF VIRGMA COUNTY OF FREDERICK Joyce M. Brinklow 6668 Valley Pike Middletown, VA 22645 Andrew D. Evans, Zoning Administrator Frederick County Planning Dept. I, &fi-) Pon flA I k , 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 rlhpber a@ I (fA_7 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this OUnd day of ()l' [Jt1' `I l My commission expires on c)Q I -1 1q NOTARY PUBLIC