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HomeMy WebLinkAbout08-07 Wayne & Mellisa Fauver Car Restoration Shop - Gainesboro - BackfileNOTES Date: hAo File opened 4 y p Reference Manual updated/number assigned D-base updated e 0 L_ o x_ j o 4)ee location map requested from Mapping Dept. Ab-1 Lls i Tb Ac RC' Four sets of labels requested from Data Processing I l 28 T File given to Renee' to update Application Action Summary CLOSE OUT FILE: I Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's J p Y File stamped "approved", "denied" or 'withdrawn" Reference Manual updated j D-base updated 8 File given to Renee' for final update to Application Action Summary U\Cu01\Common\Tracking sheea\CUPSRK P—ised IV19102 1 � 0 m N a N N o N C%] U N Q Q �' -• O U wa�3kr) DATE RECEIVED FROM ADDRESS J FOR RENT ❑FOR • • AMT OF CASH ACCOUNT AMT, PAID �T CHECK BALANCE MONEY DUE ORDER BY 9 NIM�i oe DATE -- -- - _ ^-------- --_ NO. RECEIVED FROM — - -------- — -- -- -- ----- k -- ------ -- — -- ADDRESS ❑FOR RENT ❑ FOR -- ----- f AMT. OF CASH ACCOUNT AMT. PAID � � CHECK BALANCE .25121) MONEY DUE ORDER 0 January 29, 2008 Mr. Wayne Fauver 441 Marple Road Winchester, VA 22603 RE: CUP #08-07 for Wayne and Mellisa Fauver Property Identification Number 42-A-54-D Dear Mr. Fauver: r � E C T of FREDcoyERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on January 23, 2008. Conditional Use Permit #08-07 was approved enabling a public garage with body repair (auto restoration). Further conditions associated with the approval of the Conditional Use Permit include the following: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than two employees allowed with this conditional use permit. 3. The applicant will be limited to repairing or restoring only five vehicles at a time. 4. No more than five inoperable vehicles on the property at any given time. An opaque screen must be installed to screen the inoperable vehicles from the adjacent property. 5. All repair activities shall occur entirely within the 3,500 square -foot enclosed structure. 6. Hours of operation shall be from 7:00 a.m. to 7:00 p.m. 7. Any business use outside the repair realm of the conditional use permit is not permitted. 8. Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four square -feet in size. 9. Any expansion or change of use shall require a new conditional use permit. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Gary W. Dove, Gainesboro District Supervisor George Kriz and Charles Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Inspections Department 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 . "C' COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: February 4, 2008 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Wayne and Mellisa Fauver. Mr. & Mrs. Fauver had a deposit for one sign for Conditional Use #08-07. Mr. Fauver has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Wayne Fauver 441 Marple Road Winchester, VA 22603 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 h fi 'vatic # # # # M T A X R E C E I P T DERICK COUNTY /JWILLIAM ORNDOFF, JR �eS .0. BOX 225 /WINCHESTER VA 22604-0225 Ticket #:000059000'01 Date : 11/30/2007 Register: BCC/BCCS3 Trans. #: 08666 Dept # 1095 Acct# f- SIGN DEPOSITS PLANNING Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Cash 125.00 Pd by PLANNING Check 5287.55 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 11/2007 . . . . . . . . . . DATE ...... RECEIVED FROM NO. ADDRESS 0 r) JrOR RENT J FOR o MOUNT a) (U InAMT. C-) MMWWM�— I ej bo ACCOUNT CASH ..1�5• .SL.,� PW AMT. PAID TS �o BALANCE CHECK ®r-, DUE MONEY C C) •*.:�: ,, � , ­777, 1- 1, -,, , , I- - ORDER DATE ...... RECEIVED FROM NO. ADDRESS 0 r) JrOR RENT J FOR o MOUNT a) (U InAMT. C-) MMWWM�— I ej bo ACCOUNT CASH ..1�5• .SL.,� PW AMT. PAID TS �o BALANCE CHECK ®r-, DUE MONEY C C) •*.:�: ,, � , ­777, 1- 1, -,, , , I- - ORDER 0 1G ` ctr CONDITIONAL USE PERMIT #08-07 WAYNE AND MELLISA FAUVER w Staff Report for the Board of Supervisors Prepared: January 7, 2008 138 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of,Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter: Reviewed Action Planning Commission: 01/02/08 Recommended Approval Board of Supervisors: 01/23/08 Pending LOCATION: This property is located at 441 Marple (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-54-D PROPERTY ZONING & PRESENT` USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential PROPOSED USE: This application is for a proposed public garage with body repair (auto restoration). 0 0 CUP 408-07, Wayne & Mellisa Fauver January 7, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 654, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial must be constructed to VDOT 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 ($40.00) & surety coverage ($2,500.00). The entrance will have to be constructed according to State standards for Standard Private Subdivision Road/Street Entrance. This includes in part: a minimum 24 feet wide and paved 25 feet into the entrance or right-of-way, whichever is longer. A minimum sight distance of 390' must be obtained and then maintained. Positive drainage must be maintained during and after construction. Frederick County Fire Marshall: Plans approved as submitted. Frederick County Inspections: Existing building shall comply with The Virginia Uniform Statewide Building Code, The International Existing Building Code and Sections 311, S (Storage) of the International Building Code/2003. Other Code that applies is ICC/ANSI Al 17.1-03 and Usable Buildings and Facilities. A change of use permit shall be required and a new certificate of use and occupancy shall be issued prior to operation. Please submit a floor plan of the building at the time of permit application and indicate all egress door locations. Employees shall have minimum plumbing fixtures provided within travel distance requirements (500') of the International Plumbing Code. Frederick -Winchester Health Department: The Health Department has no objection to the request as stated so long as total number of occupants in the home does not exceed six. If the number does not exceed six total occupants, one employee can be added for each occupant slot. For example, if four people currently occupy the property as occupants/dwellers, the two employees are allowable if the bathroom facilities are located in the detached garage. The occupant/dweller and employee total should never exceed six at any time. All are considered 24 hour occupants even if habitation/occupation is part time. Planning and Zoning: Public garages with auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP), provided that all repair work takes place entirely within an enclosed structure. This proposed use will be conducted in an existing garage approximately 3,500 square feet in size. This property and the surrounding properties are heavily wooded for natural screening of this proposed use, and are currently zoned RA. The nearest buildings or dwellings are more than one -hundred (100) feet from this property and no more than five (5) vehicles waiting for repair are allowed at one time. Section 165-47 of the Frederick County Zoning Ordinance allows up to five (5) inoperable vehicles on property that is zoned RA (Rural Areas), if the vehicles and exterior storage of parts and equipment are properly screened. 0 0 CUP #08-07, Wayne & Mellisa Fauver January 7, 2008 Page 2 REVIEW EVALUATIONS: Virl4inia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 654, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial must be constructed to VDOT 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 ($40.00) & surety coverage ($2,500.00). The entrance will have to be constructed according to State standards for Standard Private Subdivision Road/Street Entrance. This includes in part: a minimum 24 feet wide and paved 25 feet into the entrance or right-of-way, whichever is longer. A minimum sight distance of 390' must be obtained and then maintained. Positive drainage must be maintained during and after construction. Frederick County Fire Marshall: Plans approved as submitted. Frederick County Inspections: Existing building shall comply with The Virginia Uniform Statewide Building Code, The International Existing Building Code and Sections 311, S (Storage) of the International Building Code/2003. Other Code that applies is ICC/ANSI Al 17.1-03 and Usable Buildings and Facilities. A change of use permit shall be required and a new certificate of use and occupancy shall be issued prior to operation. Please submit a floor plan of the building at the time of permit application and indicate all egress door locations. Employees shall have minimum plumbing fixtures provided within travel distance requirements (500') of the International Plumbing Code. Frederick -Winchester Health Department: The Health Department has no objection to the request as stated so long as total number of occupants in the home does not exceed six. If the number does not exceed six total occupants, one employee can be added for each occupant slot. For example, if four people currently occupy the property as occupants/dwellers, the two employees are allowable if the bathroom facilities are located in the detached garage. The occupant/dweller and employee total should never exceed six at any time. All are considered 24 hour occupants even if habitation/occupation is part time. Planning and Zoning: Public garages with auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP), provided that all repair work takes place entirely within an enclosed structure. This proposed use will be conducted in an existing garage approximately 3,500 square feet in size. This property and the surrounding properties are heavily wooded for natural screening of this proposed use, and are currently zoned RA. The nearest buildings or dwellings are more than one -hundred (100) feet from this property and no more than five (5) vehicles waiting for repair are allowed at one time. Section 165-47 of the Frederick County Zoning Ordinance allows up to five (5) inoperable vehicles on property that is zoned RA (Rural Areas), if the vehicles and exterior storage of parts and equipment are properly screened. CUP #08-07, Wayne & Mellisa Fauver January 7, 2008 Page 3 No more than two (2) employees allowed with this proposed use. There will be no vehicle sales, nor unrelated repair sales, allowed with this Conditional Use Permit. STAFF CONCLUSIONS FOR THE 01/02/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than two (2) employees allowed with this Conditional Use Permit. 3.. The applicant will be limited to repairing only five (5) vehicles at a time. 4. No more than five (5) inoperable vehicles on the property at any given time. All repair activities shall occur entirely within the 3,500 square foot enclosed structure. 6. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. 7. Any business uses outside the repair realm of the Conditional Use Permit is not permitted. Any proposed business sign shall conform to Cottage Occupation sign requirements, and shall not exceed four (4) square feet in size. 9. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/02/08 MEETING: The adjoining property owner on the north side commented about inadequate screening provided by deciduous trees through the cold seasons; he suggested the addition of evergreen shrubs and trees to supplement the existing wooded area. In addition, he said his driveway onto Marple Road did not have good sight distance for pulling out and he expressed safety concerns; he inquired about the amount and type of traffic the proposed business would generate. He also inquired about the size and type of vehicles awaiting repair and expressed concern about the possibility of the use affecting his property value. CUP #08-07, Wayne & Mellisa Fauver January 7, 2008 Page 4 The applicant agreed to provide additional screening, with either board -on -board fencing or landscaping, whichever the adjoining property owner preferred. The applicant said he will only be repairing pick-up trucks and street vehicles and the road traffic generated will probably be only three to four vehicles per week. Commission members agreed that deciduous trees alone may not provide adequate screening during parts of the year. They also questioned VDOT's comments regarding site distance and a commercial entrance in light of the low intensity of the proposed business. Staff suggested VDOT meet with the applicant on site to evaluate what is appropriate for the use. The Planning Commission voted unanimously to recommend approval of the CUP with the understanding that concerns raised by the adjoining property owner will be addressed and with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than two employees allowed with this conditional use permit. 3. The applicant will be limited to repairing or restoring only five vehicles at a time. 4. No more than five inoperable vehicles on the property at any given time. Must comply with Section 165-47C of the Frederick County Zoning Ordinance. 5. - All repair activities shall occur entirely within the 3,500 square -foot enclosed structure. 6. Hours of operation shall be from 7:00 a.m. to 7:00 p.m. 7. Any business use outside the repair realm of the conditional use permit is not permitted. 8. Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four square -feet in size. 9. Any expansion or change of use shall require a new conditional use permit. Following the required public Bearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. dh Aerial Map Frederick County, VA Conditional Use Permit CUP # 08 - 07 Application Wayne & Mellisa Fauver Parcel ID: 42-A-54D Location in the County Map Features O Hamlets 4%- Future Rt37 Bypass Q CUP0807_Wayne_Melissa_Fauver O Lakes/Ponds ^— Streams O Property Lines .1 Urban Development Area ti SWSA � O _ i Location in Surrounding Area t o aara © Case Planner: Mark r Map Document: (N:\Planning_And_Development\_1_Locator_Mps\Wayne_Mellisa_FaLive r_CUP0807_120407.mxd) 12/3/2007 -- 1:46:44 PM U E ayne & menisa vauver 47 A Nf tyLlN H'ATRAN q7 q HE(TIEC q7 WW Fq RAN/fL/N (qCE y 47q AMgNUA c Jg m SHERRY( my �3W�ri l� i o Partieh F+r^ 47 A "Et TZE, A Mfs O e g W m a J c m ¢ 6g4N�0 J, c ew m e C s N9lmpF ,r<F '9 z �r�� Q crW P 1, h 0SS00 rCvfF,p p v¢ P � a c Q 4,7 ¢ A� Cg2N�9 SqR h h WQ o ¢ 47 "0N4 r�F RRyg ST qC/F Q3W o f SRi4 N� � D g,ygUR fFN =Y. v h W� 41 A 112C MILLER HARRY A JR. s o O 41 SyS7 i,of� Fg � M400F A as h �F g0 �4YNF i kFirN h.471'DIUDR z A C E yG' 9 - P 9� Z Siy 4 a ^ m 1 F +110Cl N4jE. 44RG4 18q CprT A 42 AC 62 q/ C�Cj F SRFFhq��oBFRT RJRg KA t� Rfy I �Nsn1C 654 vT 41, -to S �6J4 41 A ryMgRT COMAHFR 9A N4'b HERaERT CgA MESS/16 C MESS/CKS FVE,yR hY 4SM C TEVfNRg 0638 O*A'4 SHE NDWGHTE&LAURA L 4 z OTSCC 61 M Frederick County, VA Conditional Use Permit CUP # 08 - 07 Application Wayne & Mellisa Fauver Parcel ID: 42-A-54D Location in the Gourl Map Features O Hamlets 4%, Future Rt37 Bypass C CUP0807_Wayne_Melissa_Fauver O Lakes/Ponds Streams O Property Lines t Urban Development Area SWSA 0 1111111, r ., 4 © Case Planner: Mark Map Document: (N:\Planning_And_Development\_1_Locator_Mps\Wayne_Mellisa_Fauver_CUP0807_120407.mxd) 12/3/2007 -- 1:46:44 PM 11 s Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA /12 .-) c-7 142 a 1. Applicant (The applicant'if the owner other) NAME: VMayne K. FO-LLver 4 Me-1IrSO G. TC uve-i ADDRESS: t4 ail Ma rple R-4, W acheS4nr, VA • QD603 TELEPHONE Selo -55U-45 LI q (Ceti) L540- ],-9- 4L43a (ka-e) 2. Please list all owners, occupants, or parties in interest of the property: 'Gio�ea as abovc 3. The property is located at: (please give exact directions and include the route number of your road or street) �2- Mile. OR 441 4.' The property has a road frontage of feet and a depth of feet and consists of acres. (Please be exact) 5 . The property is owned by I + Me! II'sa Tauver as evidenced by deed fromI ,) h recorded n IShVumcs:nl (previous ovine ) in deed-beek no. d- Q 83 0 on page , as recorded in the records of the Clerk o .�e Circuit Court, County of Frederick. I YIS�q-7(0003-5(0 Ilk �j-] ,P (S4 b 9 �J 6. Tax(Parcel) Identification (I.D. )No. 4f� "A' 5q-D Magisterial District 60'1 nos born DIS c Current Zoning 7 A 7-. Adjoining Property: USE ZONING North 0+ East South m w /2A West �o � A f 400 8.' The type of use proposed is before completing)_ con/`sul//t ,with(/the Planning Dept. :,d, 7J fZi ri 0 A % Y1UP 9. It is proposed that�the following buildings will be constructed: dA 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: ^� � • R(3t� ' ' ��, ��RESS NAMEM I & Pf\ '6""" PROPERTY ID# ' �-0- Font NAME W NLAA e hg1Nr, 6& G N(j ADDRESS PROPERTY ID# `7 0'A "6q C kW -� NAME E(AA lT ' H ± UvA '1 6 , 0DP ADDRESS PROPERTY ID# NAME ( lam, J A� h f �Pi, ADDRESS PROPERTY ID# NAME WNpe., 1''\N�i ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# 3 CA, k rh Af 0' k, �' 0 y l�eA� b1/1 *19,,ee N- *0 00 3e this page for your sketch of the property. Show and/or existing structures on the property, including ants to all property lines. 1� v• ��R10 �g5HARRYPUIL 42-A- BRAMMME PIN41-A-111 35 & B 7D. PSG 6 4� HARRY L.BRAITHWAITE 11� 8 NB 104 PG ll OB - � ZONED: RA USE: 1584 r RESIDENTIAL RA - USE. RESIDENTIAL" N 282511 " E 891.12�_ �- APPROY. LOCATION OFF EXISTING DRAINFIELD {_ _ J IR PIN 41-A-118 EXISTING 50'L 26.240 ACRES D �1 (ADJUSTED AREA) o l` 27.240 ACRES EX W1L � v (ORIWAL AREA) f ZONED: RA # USE: RESIDENTIAL 1.000 ACRES v { PORTION OF a 1 PIN 41-A-118 TO BE JOWED WTH AND BECOME A PART OF PIN 42-A-54D 50 BRL _ S 291�3'10" W 910.05' (*)ASTERISK DENOTES NEW PROPERTY p N 42-A-62 LINE HEREBY CREATED. FRUIT HILL ORCHARDS DB 556 PG 392 ZONED: RA - USE. AGRICULTURAL' LEGEND IRF - IRON ROD FOUND IRS - IRON ROD SET BRL - BUILDING RES77?/077ON LINE FLOOD NOTE.- ZONE. C COMMUNITY NO.: 510063 PANEL: 0105 B DA TE• 07-17-78 NMI o, ti � ZONED. PIN 42-A-54C YNE KEITH FAUVER & MEILISA GAY FAUVER LR. 1040002085 RA - USE RESIDENTIAL PIN 42-A-54D 6.000 ACRES (ADJUSTED AREA) 5.000 ACRES (OPoGINAL AREA) ZONED: RA USE RESIDENTIAL ,WMI vro.^ILU 1 - rn RAGE � 398.27' 3129'S3" W IRI PIN 42-A-55 do 56 FRAM( H. COOPER DO 205 PG 140 RA N USE RESIDENTIAL LINE TABLE FS N LINE BEARING DIST. L 1 N 60 4638" W 195.44' L2 N 2825'40" E 16.00' L3 S 604553" E 435.60' L4 N 28 4340" E 130.00' L5 IS 60 4553" E 111.76' *L6 S 312926" W 130.10' L7 S 60*4553" E 274.17' *L8 N 60 45'53" W 335.08' *L9 N 3129'26" E 130.10' L 10 S 60'4553" E 202. 59' GRAPHIC SCALE NO TES_ 300 0 150 300 ow 1. NO TITLE REPORT fURNISHED. 2. PROPERTY IDENRRCA TION NO. 41-A-118 & 42-A-540 J.EASEMENTS OTHER THAN SHOWN MAY EXIST. 1 inch 300 ft. 4. THE BOUNDARY INFORMA 70N SHOWN ON THIS PLA T IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE ON APRIL 21, 2004. BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF HARRY L. BRAI THWAI TE AND WA YNE KE/TH FAMER &_MEUJSA GA Y FAMER VSH OF � Offr'� 9 o Ow�4 ge IZ)S J1 Ri a1177-1 VO rl. �n / / / - /'- A / 7; 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. LC1A j,/�'L�iP_ ���65�1 �fi(:L6eJ PH I- *mAf 0 fe, J 110-6 6--C(, � TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: I DEPT. OY GEOGRAPHIC INFORMATION1 SYSTEMS FREDER_ICK COUNTY, VIRGINU w GIS, MAPPEiG, GRAPHICS WORK REQUEST DATE RECEIVED: A? �/4 REQUESTED COMPLETION DATE: / o�b -7 - REQUESTING AGENT: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-nail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write addili miq to FAX: 'Vu 1�01 F— A F- u- i s DIGITAL: PAPER: 1 T3.T� SIZES: COLOR:. BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: _ MATERIALS: DATE OF PICK-UT/DELIVERY: AMOUNT DUE: AMOUNT. BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) W it Y A1� S.' The type of use proposed is before completing) rat- W;BAABARA-bATA PROCESSING FROM BEV - Pla ning Dept. Please print sets of labels by AN t with the Planning Dept. �+0. 9. It is proposed: -that the following buildings will be constructed: AJ/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: NAME �o �� I J�C ��11hi ESS PROPERTY ID# a %�1 "CU FoAt NAME WPdAA eADDRESS PROPERTY DPW* NAME F Mn I� N �- � � �rA A ' ar ADDRESS I J+ PROPERTY ID# �l a`%7 `�� -. y 4l-n,Arple- _.n NAME u. Jill ADDRESS LI A/W/c ei), PROPERTY ID# NAME(��. �-�� 5 ADDRESS PROPERTY. ID# NAME PROPERTY ID# . / : /1-11g.l� Wxv_1_:A ADDRESS .ADDRESS PROPERTY ID#_�-/� NAME ADDRESS PROPERTY ID# �. 0 Co w4ti I CONDITIONAL USE PERMIT #08-07 a WAYNE AND MELLISA FAUVER � a w ® Staff Report for the Planning Commission Prepared: December 12, 2007 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 01/02/08 Pending Board of Supervisors: 01/16/08 Pending LOCATION: This property is located at 441 Marple (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-54-D PROPERTY ZONING & PRESENT' USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential PROPOSED USE: This application is for a proposed public garage with body repair (auto restoration). 0 • CUP #08-07, Wayne & Mellisa Fauver December 12, 2007 Page 2 REVIEW EVALUATIONS: Virlzinia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 654, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial must be constructed to VDOT 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 ($40.00) & surety coverage ($2,500.00). The entrance will have to be constructed according to State standards for Standard Private Subdivision Road/Street Entrance. This includes in part: a minimum 24 feet wide and paved 25 feet into the entrance or right-of-way, whichever is longer. A minimum sight distance of 390' must be obtained and then maintained. Positive drainage must be maintained during and after construction. Frederick County Fire Marshall: Plans approved as submitted. Frederick County Inspections: Existing building shall comply with The Virginia Uniform Statewide Building Code, The International Existing Building Code and Sections 311, S (Storage) of the International Building Code/2003. Other Code that applies is ICC/ANSI Al 17.1-03 and Usable Buildings and Facilities. A change of use permit shall be required and a new certificate of use and occupancy shall be issued prior to operation. Please submit a floor plan of the building at the time of permit application and indicate all egress door locations. Employees shall have minimum plumbing fixtures provided within travel distance requirements (500') of the International Plumbing Code. Frederick -Winchester Health Department: The Health Department has no objection to the request as stated so long as total number of occupants in the home does not exceed six. If the number does not exceed six total occupants, one employee can be added for each occupant slot. For example, if four people currently occupy the property as occupants/dwellers, the two employees are allowable if the bathroom facilities are located in the detached garage. The occupant/dweller and employee total should never exceed six at any time. All are considered 24 hour occupants even if habitation/occupation is part time. Planning and Zoning: Public garages with auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP), provided that all repair work takes place entirely within an enclosed structure. This proposed use will be conducted in an existing garage approximately 3,500 square feet in size. This property and the surrounding properties are heavily wooded for natural screening of this proposed use, and are currently zoned RA. The nearest buildings or dwellings are more than one -hundred (100) feet from this property and no more than five (5) vehicles waiting for repair are allowed at one time. Section 165-47 of the Frederick County Zoning Ordinance allows up to five (5) inoperable vehicles on property that is zoned RA (Rural Areas), if the vehicles and exterior storage of parts and equipment are properly screened. CUP #08-07, Wayne & Mellisa Fauver December 12, 2007 Page 3 No more than two (2) employees allowed with this proposed use. There will be no vehicle sales, nor unrelated repair sales, allowed with this Conditional Use Permit. STAFF CONCLUSIONS FOR THE 01/02/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than two (2) employees allowed with this Conditional Use Permit. 3. The applicant will be limited to repairing only five (5) vehicles at a time. 4. No more than five (5) inoperable vehicles on the property at any given time. 5. All repair activities shall occur entirely within the 3,500 square foot enclosed structure. 6. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. 7. Any business uses outside the repair realm of the Conditional Use Permit is not permitted. 8. Any proposed business sign shall conform to Cottage Occupation sign requirements, and shall not exceed four (4) square feet in size. 9. Any expansion or change of use shall require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. ---NEW 12, 2 7o 201@1 n COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 9, 2008 TO: - THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #08-07 FOR WAYNE AND MELISSA FAUVER On behalf of the Frederick Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 23, 2008, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #08-07 for Wayne and Mellisa Fauver, for a Public Garage with Body Repair. This property is located at 441 Marple Road (Route 654), and is identified with Property Identification Number 42-A-54-D in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.cofrederick.va.us. Sincerely, Ka r Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 5 • • This is to certify t at the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 42 A- 54-D FAUVER WAYNE KEITH & MELISSA GAY 441 MARPLE RD r WINCHESTER VA 22603.4153 42 - A- - 54- SMITH RONALD T & MAUREEN 391 MARPLE RD WINCHESTER VA 22603.4152 42 - A- - 55- r COOPER FRANK H. & LAURA N. 239 TANKARD LN WINCHESTER VA 22603.3156 ' 41 -A- -118- BRAITHEWAITE HARRY L III I 461 MARPLE RD WINCHESTER VA 22603.4153 42 - A- - 54-A MARTIN SHIRLEY C. & 455 MARPLE RD WINCHESTER VA. 22603.4153 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, t , a Notary Public in and for the State and County aforesaid, do ereby certify that ark R. Cheran, Zoning & Subdivision Administrator for the DepartlentX of Planning and Development, whose name is signed to the foregoing, dated l , has personally appeared before me and acknowledged the same in my State 16d County aforesaid. Given under my hand this My commission expires on BEVERLY H. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC OMMONWEALTH OF VIRGINIA Ew(--- YCOMMISSIONEXPIRES JULY31.2011 day of n I COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 December 21, 2007 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #08-07 FOR WAYNE AND MELISSA FAUVER On behalf of the Frederick Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 2, 2008, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #08-07 for Wayne and Mellisa Fauver, for a Public Garage with Body Repair. This property is located at 441 Marple Road (Route 654), and is identified with Property Identification Number 42-A-54-D in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, -Mark R. reran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify, that the attached correspondence was mailed to the following on f 1 6 `7 from the Department of Planning and Development, Frederick County, Virginia: 42 - A- - 54-D FAUVER WAYNE KEITH & MELISSA GAY I 441 MARPLE RD WINCHESTER VA 22603.4153 42 - A- - 54- SMITH RONALD T & MAUREEN 391 MARPLE RD WINCHESTER VA 22603.4152 42 - A- - 55- COOPER FRANK H. & LAURA N. 239 TANKARD LN WINCHESTER VA 22603.3156 41 -A- -118- BRAITHEWAITE HARRY L III 461 MARPLE RD WINCHESTER VA 22603.4153 42 - A• - 54-A MARTIN SHIRLEY C. & 455 MARPLE RD WINCHESTER VA. 22603 4153 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do Jpreby certify that Mar R. Cheran, Zoning & Subdivision Administrator for the Depart ent f Planning and Development, whose name is signed to the foregoing, dated ( o , has personally appeared before me and acknowledged the same in my State and C unty aforesaid. Given under my hand this day of 02�0 My commission expires on �' , _ I fc� G C�' 10 BEVERLY H. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA kla" MY COMMISSION EXPIRES JULY 31, 2011 NOTARY PUBLIC A6- Flq 6c �TA 8. The type of use proposed is before completing) Car BARBARA-DATA PROCESSING OM:BEV - Pla ning Dept. Please print sets of labels by AN consult.with the Planning Dept. "SOU on shop 9. It is proposed that the following buildings will be constructed: AjIA 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: r -tKt NAME RQ I u �� MaT,-\6rN.DDRESS fntAtf 0!�. PROPERTY ID# T'1-0y Font NAME UyAu11 e I Al-� NU)e, QR(y �AV ADDRESS Ll L1 I /11 iT le - PROPERTY ID# % O-iq -61 C Q NAME F An IT H ± `., T'( 1, 6 s LOU ADDRESS PROPERTY ID# aA -,55g�A-4 NAME ( A ��1 ADDRESS I J+ PROPERTY ID# �� d NAME Whhe- ADDRESS PROPERTY ID# NAME PROPERTY ID# L--,, ADDRESS NAME ADDRESS PROPERTY ID# ' �') NAME ADDRESS PROPERTY ID# REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. address and phone number: t- W41 M_Ctfple- Rd. Win h e.S-cr , VA- Qd 6 U 3 5140 550 - 45 y9 (0c( 540 --7aa -443A ( flof e) Name of development and/or description of the request: Location: Va. Dept. of Transportation Comments: The application for a Conditional Use Permit for this property appears to have a. measurable impact on Route 654, the VDOT entrance must be constructed to VDOT standards to allow for safe egress and ingress of the property. Any work performed on the State's right- of-way must be covere un er a an use p cairpty cnvproge 1A2.500.001. The entrance will have to be constructed according to State standards for Standard Private Subdivision Road/Street Entrance. This incwaes;n part. a minimum 2 ee .., a ana povea 25 Mul 1111'.Tfl it! M!T—M— eig if of owty ihiel%w Sr i6 lengar A. ++—F.—f of the Onndrird is included below. A minimum sight distance of 390' must be obtained and then maintained. Positive drainage must be maintained during and after construction. VDOT Signature and Date: �llt(Q� ► `�-id V/ d_0/07 (NOTICE TO RESIDENT ENGR EP.*PLEAft RETURN THIS FbRM 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. � ; x w H w h4 VIRGINIA Control number CUP07-0009 Project Name Car Restoration Shop Address 441 Marple Rd. Type Application Conditional Use Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plans approved as submitted. Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed 8/28/2007 8/28/2007 Applicant Wayne & Mellisa Fauver City State Zip Winchester VA 22603 Date Revised Applicant Phone 540-722-4432 Tax ID Number Fire District Rescue District 42-A-54-D 15 15 Election District Recommendations Gainesboro Automatic Fire Alarm System Residential Sprinkler System Yes No Requirements Hydrant Location Fire Lane Required Not Identified Yes Roadway/Aisleway Width Special Hazards Not Identified No Plan Approval Recommended Reviewed By Signature JS Yes J. Neal Title I Yr • 0 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department ��^C��Cn Attn: Building Official RECEIVED 107 North Kent Street, Suite 200 Winchester, Virginia 22601 AUG Z 8 401 (540) 665-5650 p�guFcREQERIN COUNTY The Frederick County Inspections Department is located at 107 North Keni YPe�R IMP PSof the County Administration North Building in Winchester, if you prefer to hand deliver this review form. ame of development and/or description of the request: Location: 59a MoHh , le4- nn M rxriDic JPd i ► k 654- Inspections Dep/rtment Comment: / (1 Alo'✓YI. Code Administrator Signature & Date:o (NOTICE TO INSPECTIONS DEPT-PLYSE RETURN T S FORM TO PL AN .) 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. "7 . Existing buildings shall comply with The Virginia Uniform Statewide Building Code, The International Existing Building Code and Sections 311, S ( Storage) of the International Building Code/2003.Other Code that applies is ICC/ANSI A117.1-03 Accessible and Usable Buildings and Facilities. A change of use permit shall be required and a new certificate of use and occupancy shall be issued prior to operation. Please submit a floor plan of the building at the time of permit application and indicate all egress door locations. Employees shall have minimum plumbing fixtures provided within travel distance requirements (500') of the International Plumbing Code. k REQUEST FOR CONDITIONAL USE PERMIT COMMENTS 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. of development and/or description of the request: Location: Health Department Comments: 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. Virginia Department c f ?'ransportanort Minimum Standards, ofEntrallces to State Highlvays STANDARD PRIVATE SUBDIVISION ROAD /STREET ENTRANCE (Engfith Lktita) Nole- y L) ! I wRn n m r--'^"�� AM entrance trace grades shall start back of the shoulder line, 11 dronoge is necessary, the ditch line may be moved back to provide " a cave at least 9r aver P)Pe. oe shown I H of right, j Z W Entrance shollbe paved to a mawnum width of 24'. Gvs,tt.. a� Zap / Entrance Egrades are to be smoattuy tied into the roadway by rounding ai necessary. Minimum radius to be 25', increased r radius moY be regwred by bcal ordionce, Resident or District Troffic Engntler. 1 Entrances in fill to be same as above except location of cutvert (when / 1 r � necessary), f f T Plpe cWvpU u if MCees•y 7(•2.•'IG1. Duch tl! 4Finvn 25'a R/N Liw <rMeh ever Is farther) i Shoumw }--uM1 Ro ADw AY PAVEVENT w.� Gi - ` d i 44 Q •—Minimum SQ' Revised Ditch Vertical Curve Normal Ditch Revised Die— Shoulder _Normal hitch Shoulder ALTERNATE METHODS FOR PLACING PIPES UNDER ENTRANCES 33 pj