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HomeMy WebLinkAbout09-85 Hansford Houston DeWeese - Stonewall - BackfileCOUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 September 5, 1985 Hansford' Houston and Virginia P. DeWeese P.O. Box 2255 Winchester, Virginia 22601 Dear Mr. 'and Mrs. DeWeese: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of August 28, 1985: Approval of Conditional Use Permit #009-85 of Hansford Houston and Virginia P. DeWeese.for a Cottage Occupation/Small Woodstain Packaging at Lot 19, Spring Valley Subdivision, in the Stonewall Magisterial District with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, Planning Commission, and Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. All operations are to be conducted entirely within the building. 4. No employees other than Hansford Houston DeWeese and Virginia P. DeWeese. 5. No retail sales at the property. 6. Deliveries to.and from the.operation shall be done by the applicants' personal truck and not by any I.C.C. licensed common carrier. If you have any questions regarding your conditional use permit, please don't hesitate to call this office. Serely., Jo T. P. Horne [[ D' ector JTPH/rsa cc: Eston 0. Rudolph, Jr., Commissioner of Revenue George B. Whitacre, Circuit Court Clerk 9 C omt Square - P.O. Box 601 - Winchester, Virginia 22601 John T. P. Horne The Frederick County Board of Supervisors 9 Court House Square Winchester, Virginia 22601 Dear Sirs madame: Route 8 - Box 1068 Winchester, Va. 22601 August 26, 1985 As neighboring property owners in the Spring Valley Subdivision, we oppose the granting of a conditional use permit for a wood - stain packaging operation in that subdivision for the following reasons: 1. This is an industrial chemical mixing operation involving toxic materials. The subdivision and surrounding area are served by wells and septic systems and any accidental spillage of toxic materials could contaminate the ground water supply. We believe all areas in Frederick County blessed with a good water supply should be pro- tected. This toxic and chemical operation is located on a private road serving a residential subdivision and all the necessary bulk chemical materials must be transported across this road. There is a law that no toxic waste materials and containers may be discarded at any of the public waste sites in Frederick County. Frederick County is not without industrial parks and a woodstain mixing and packaging operation involving chemicals belongs in an industrial park. 2. Such a variance would cause economic hardship to neighboring property owners. Any prospective home - buyers would be perplexed by the existence of an industrial type operation in the midst of a residen- tial and agricultural area within a short distance of two of Frederick County's finest new schools. The Frederick County Board of Supervisors For most of us, our home is the largest financial investment we will make in our lifetime and these homes represent the realization of a dream. They are a haven from the sights, smells and sounds of our normal workdays. These economic and emotional investments of Frederick County residents should be protected against haphazard zoning.—�,--� Jerry Bassler Mary A. Bassler Distribution: The Frederick County Board of Supervisors Kenneth Stiles, Chairman Rhoda Maddox C. William Orndoff, Jr. Will Owings Robert Rhodes Thomas B. Throckmorton John T. P. Horne, Planning Director., Department of Planning and Development Frederick County, Virginia Stephen M. Gyurisin, Deputy Director Depart.rhent of Planning and Development Frederick County, Virginia August 19, 1985., Mr. Vernon E. Marsteller, Jr. Route 8, Box 1105 Winchester Va •22601 Mr. -Ken. Stiles., Chairman Frederick Co. Board of Supervisors 9 Court uare Winchester,.Va 22601 RE Mr. Houston Deweese Application for cottage use permit Dear Mr. Stiles; I, am sorry to be'out of town for this meeting, but..I trust this motorized letter will be of some value. Being the lot owner down from, and next to Mr. Deweese, we have no objections to his application for the following reasons: 1) No employees other than himself; 2) No traffic increase'(not eLven UPS type trucks); 3) No signs or retail services; .,4) Nothing visible from the road; 5) More than necessary safety equipment in place; 6)` Most of us, I'm sure including.members of this board, have fuels, diesel and/or gasoline, oil base.paints, fertilizers, vegetation & weed killers, and other agricultural chemicals around the house that could create a much bigger hazzard than Mr. Deweese could ever dream .of having., 7) A good Christian man providing a needed service to his customers than can not be provided by others; 85 Would suggest a yearly re-examination and renewal of.the permit including spot checks if needed; 9) Others .in Spring Valley are providing services that increase traffic flow by approximately 25 cars.a day.. If anyone should be concerned about property values;.as.suggested in the earlier planning meeting, it should be me, as I have a big 2 acre hole and large dam which is a pond that currently does not hold water. We are not an absentee.land owner, we live here daily and fully maintain our properties as can be seen in slides provided for our approval. Si c rely, , S4"rt�rt��x`i�� t:ti, ,c!'iE���• tb�� c' ernou E. Max eller,. r ...... . I'"`otstry I COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 August 14, 1985 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Hansford Houston and Virginia P. DeWeese Conditional Use Permit For: Cottage Occupation/Small Woodstain Packaging to be located on Lot 19, Spring Valley Subdivision This conditional use permit request will be considered by the Frederick County Board of Supervisors at their meeting of August 28, 1985, at 7:30 p.m., in the Board of Supervisors` Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, J n T. P. Horne lanning Director JTPH/rsa 9 Court Square P.O. Box 601 Winchester, Virginia 22601 This is to certify the the attached correspondence was mailed to the following on August 15, 1985 from the Department of Planning and Development, Frederick County, Virginia: MARSTELLER, VERNON E. JR. 6 BETTY R. 436 MARION STREET WINCHESTER, VA. 22601 BASSLER, JERRY & MARY A. RT. 5 BOX 633-A APPLE PIE RIDGE WINCHESTER, VA. 22601 MARSHALL MILLS, INC. RT. 6 BOX 173 WINCHESTER, VA. 22601 ANDERSON, JOHN F. 6 ALLEN B. BOND JR. E MABEL H. BOND BOX 444 WINCHESTER, VA. Hansford Houston DeWeese P.O. Box 2255 Winchester, Virginia 22601 00 9L, t C,l -('- � John T. P. M4ne, Director Frederick my Dept. of Planning 22601 STATE OF VIRGINIA COUNTY OF FREDERICK I, a Notary Public in and for the state and county aforesaid, do hereby certify that John T. P. Horne, Director of the Department of Planning and Development, whose name is signed to the foregoing, dated f. has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of 1985. My commission expires on�,n 1 NOT Y PUBL C Route 8 - Box 1068 Winchester, Va. 22601 August 7, 1935 The Frederic!,, County Planning Commission Board of Supervisors' Meeting Room 9 Court Square Winchester, Virginia 22601 Dear Sir/'4dame: Jerry and 15ary Bassler, owners of Lot 13, Section 1, (5.12 acres zoned I12) in the Spring Valley Subdivision in the Stone- wall Managerial District wish to go on record opposed to the granting of a conditional use permit for a chemical paint and stain formulating operation, described in their application for a conditional use permit by Hansford Houston De'v'reese and Virginia P. DeWeese (Lot 19, Section 1 of the Spring Valley Subdivision) as a cottage occupation. We cannot stand idly by and apparently acquiesce to their request which violates the restrictions running with the land in the Spring Valley Subdivision. These restrictions in the Deed Book of Frederick County, Virginia, Book 467, Page 40, state: " 1. Nothing but a single family dwelling or residence designed for the occupancy of one family shall be erected on any of the lots in the subdivision.... Such lots shall be used for residential purposes only." " 9. All lots shall be kept clean at all times, and free from junk, rubbish, garbage and other noxious matter." "11. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done there- on which may be or may become an annoyance or nuisance to the neighborhood." "The above covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of seven (7) years from the date these covenants are re- corded, after which time said covenents shall be automatically extended for successive periods of seven (7) years unless an instrument signed by eighty per cent (30>0) of the then owners of the lots has been recorded, agreeing to change said covenents in whole or in part." The Frederic. running Commission - 2 - August 7, 19 Since every tol -rust take notice of the recorded plot, Mr. and Mrs. h,d constructive notice of these restric- tions and cool, have made sure the zoning of the land matched their plans for, its use. Literal compliant- to the restrictions will not cause u_, uF: hardship. The hardship must be special and peculiar to the particular property. That fact that a man can make more money by devoting his property to another purpose is not a legal hardship. A hardship must not be self-created. If a hardship exists, '_t was self-created. The DeJdeeses built a garage for this chemical operation prior to their application. Yet the application Mates they plan to build it. This paint and stein nixing operation may not even be desirable in an industrial pan.: due to the toxic nature of the a '._.1y ,_)alin` a.`1"� �'�ild-i3'; oneratio 1- ar ' riot allowed in light industrial parks and certainly they do not belong in a quiet residential neighborhood, without any sanitary sewer utilities, dependent upon uncontaminated ground water supply and with private roads that are not designed for the use of truces bringing in drums of chemical raw materials and hauling out cases of finished materials in the form of paints and varnishes. This chemical operation may even belong in a medium to heavy industrial sew"'*.,-. There is a definite toxic waste problem. P.nyone who has painted, even around his home, knows it is difficult to clean up after the job. t'?hat do you do with the cleanup solvents and solutions, the soiled wiping rags, the used containers, drums and other wastes? What happens when there are spillages? There is a stream just below and to the east of this proposed industrial industry. `4aste travels into and through the ground. The soil and well -water sup- LD ply ti•,,ill easily become contaminated from normal spillages of these toxic materials. What is a cottage occupation? When a man received so much per tire for removing tires from business establishments and stored them on his property over the objections of man ppeople in his neighborhood, was he engaged in a cottage eoccupation? '+,hen these products of his enterprise burned, causing hardship to his neighbors and the community, was he engaged in a safe cottage occupation, providing revenue to Frederick County? The mixing and storage of paints and stains is a noxious offensive activity. It will be an annoyance to anyone who lives in this residential subdivision and the surrounding areas. It will become a greater annoyance as this chemical activity thrives and grows. There will always be the next order for a larger batch of chemical stains and varnishes which will require greater chemical raw materials. There will be increased traffic bringing raw materials in and carrying finished products to the market. Then there will be the one, two, or three employees needed in the business with the resulting traffic disturbances, trash thrown from cars and unsightly par',ing. :. c T �. 111 C v i. Commission - - ;e oppose the gr4:-,tiny; oI '-::ny co,i.1itional use permit J.- mentione i Lot 19 on the E round,s that it will have an u < ; vc.,rse effect on this naturally beautiful and scenic quiet neighborhood, unblemished even by overhead electric lir -ti,. TI.,e residents of Frederic]; County have a stake in preservin:: the health of our properly zoned and restrictive rential comnu.n ty. :"'�) 'q;tjful-yy. Jerryli�_a�.sIer_ .,ary i.. -0 s sl er cc: John T. P. Horne, Planning Director, Department of Planning and Development, Frederick County, Virginia. Stephen ;'ri. Gyurisin, Deputy Director, Department of Planning and Development, Frederick County, Virginia COUNTY of FREDERICK Department of Planning and Development M E M O R A N D U M John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 Health Department , ATTN: Mr.. Herbert L. Sluder Ii% go))/' 0 n1?;,500 Round Hill Fire Company , ATTN: Mr. Ty Cather Planning Department , ATTN: Mr. John T. P. Horne Zoning Department , ATTN: Mr. Stephen M..Gyurisin FROM: John T. P. Horne, Director DATE: July 3, 1985 SUBJECT: Review Comments On: X Conditional Use Permit Subdivision Rezoning Site Plan We are reviewing the enclosed request by Hansford,Houston DeWeese 662-1690 or their representative, Will you please review the attached and return your comments to me as soon as possible. ---------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 36 37 391 42000-012-0000-0001-0021-0 42000-012-0000-0001-0018-0 411 RT. 5 30X 633-A aq 6s azl APPLE PIE RIDGE as WINCHESTER, V A . 22601 - - - --- - - - - - — -- -- ---- --- 57 a4; 42000-012-0000-0001-00Z2-0 MARSHALL MILLS, INC. SPRING VALLEY L22 S1 5.02 A2 AG 20,100 aoo as; RT. 6 BOX 173-_..._._-_ .._ -_-_ _. __._-_.-.--_------._ _ ___._.W --- a6' WINCHESTER, VA. a7 22601 661 2 63 a.__________ 43000_-*009t0,000-00-04-7058-0 MARSHALL MILLS NC. 03 2 _A .--- - - - - -- - -_-- _as ._---5-— - - -- - — - -- -- RT. 6 BOX 173 es .;` WINCHESTER, VA. a867. 9 42000+AOO-1000-0000-0261-9 ANDE'�SCN, JOHN F. P. H. GOLD 141.60 A2 AG 212,400 500 sal & ALLEN B. BOND JR. E s� l M A B E L H .- BOND ------ -- -- ----- -� BOX 444 WINCHESTER, VA. -_ 22601 • 72 73 74 7a • C DATE: 37/16/85 _ FR-E�EZICK.C'G , �_- ®_" PLANNINC & DEVELOPMENT LABEL LIST PROPERTY ------ �.._ _-- -� - --- LAND I_M_PROV. MAP NO, /ADDRESS DESCRIPTION ACREAGE ZONE U/C _ VALUE VALUE + 2r - - - - - - - -- - - - - T�r��i.�w�w?-4 -----►} �. �►rF+ T - --.i.-} r;}}-�i 2 a --,.. _8.500-ADJ-0000-0000-3148-A ALLN -- fJOD`S£RVICE, I"JC. S. CITY .90 62 ---- M -- -- --7 5 ,. i] Q U�_. 15 2 7 0 0 a a 4 603 MILLWOOD AVENUE e s WINCHESTER, VA. e 6' 22601 a ' 85000-ADO-0000-0030-0145-3 STIMPSON, HARRY F. JR. ET ALS S. CITY 11.33 RP AG 34,000 e; C/O JOHNSTON, WILLIAM A. 9' - -- 21S. LOUQQUN TREE WINCHESTER, VA. 22601 42030-012-0000-0301-0321-0 MARSTELLER, VERNON E. JR. SPRING VALLEY L21 S1 10.03 A2 RS 44,300 116,800 '`r C BETTY R. 436 MARION STREET t4 WINCHESTER, VA. 22601 �K 'sI 420JO-012-J030-3001-0319-0 BASSLE2, JERRY S MARY A. SPRING VALLEY L18 Sl 5.12 A2 AG 20,500 " RT. 5 BOX 633-A APPLE PIE RIDGE 23 -- _ 24 - - .-- - +5 - WINCHESTER, VA. 22601 20 42030-012-0000-3001-0022-0 MARSHALL MILLS, INC. SPRING VALLEY L22 S1 5.02 A2 AG 23,100 -"2e 27 RT. 6 BOX 173 z7 22 WINCHESTER, VA. - 20 23 22601 3° 241 3143000-039}3330-3304-0058-0 MARSHALL MILLS, INC. SPRING VALLEY L59 S4 5.03 A2 AG 12,600 37 zs, RT. 6 BOX 173 ---------- - 3:3 z6 WINCHESTER, VA. 34 z� 22601 3a zel 42300-A00+0000-0000-0261-0 A,NUERSON, JOHN F. P. H. GOLD 141.60 A2 AG 212,400 500 37 24 C ALLEN B. BOND JR. S 1 3a 30MABEL H. BOND 13 - - -- 31 B 0 X 444 -- -- - - —i4141 32 WINCHESTER, VA. 4z 30 --- - _. - 22631 443 [IN • C ` A ®o 1753 Vol, a�����r Health Department AUG 1965 � COUNTYof FREDERICK _. DEPT. OF PLANNING Department of Planning and Development AND DEVELOPMENT. ti John T.P. Horne - Planning Director MEMO N D U M Stephen M. Gyurisin - Deputy Director 703/662-4532 �.✓ , ATTN: Mr. Herbert L. Sluder , ATTN: Round Hill Fire Company , ATTN: Mr. Ty Cather Planning Depar.tment.. , ATTN: Mr. John T. P. Horne Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: John T. P. Horne, Director DATE: July 3, 1985 SUBJECT: Review Comments On: X Conditional Use Permit Rezoning Subdivision Site Plan We are reviewing the enclosed request by Hansford Houston DeWeese 662-1690 ortheir representative, Will you please review the attached and return your comments to. me as soon as possible.. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: GFEAG�HJ� �Fg r Nv Date Signature C 0 r,-",-r Cr,,,vra _ P (1 Rnv A01 - Wlilrhegter. Vlrvinin - 22601 APPLICATION FOR CONDITIONAL USE PERMIT IN THE COUNTY OF FREDERICK, VIRGINIA Conditional Use Pe it No. Submittal Deadline is .J UL 42 Application Date For the Mep�f Fee Paid �� 1. The applicant is the owner ✓ other (check one) OWNER: OCCUPANT: (if other than owner) 2. NAME: PQGv._NAME: ADDRESS: 6' Z -� DRESS: TELEPHONE: _1, 6 Z/ b g o TELEPHONE: 3. The property is located at (please give exact directions) The property fronts state route and consists of acres. (Please be exact) 5. The property is owned by __-, p. �,� e� as evidenced by deed from MA, -.,{,A( l,•ll s recorded in deed book no. S3S on page 3S , registry of the County of �Rf� - •-/( . Y" "s 6. )C This property is designated as /9 p no. p p y g parcel no. on tax ma in the S4-o-ce...,,,tI ( Magisterial District. 7. The type of use propos is CD%%%lrvE �(LU�A77W CULY�DST�7/�U ��G�/ � 8. It is proposed that the following additions/improvements to existing builp�ngs will be constructed. lC�eVE 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. (Use additional pages if necessary). These people will be notified by mail of this application. NAMF. • der-4j4 r.. 41ARstec/a,c Address l� 2 Property ID#: -coo/ � 3 - /3A sr/ems I Address: 11 j/N W G¢c, / Sl' c Property ID#: - -3000 /a oo -coo Address: Property ID# -,/AC00 - o/-;L-O000 -000 / -004 2& -O r„— Address: f-G %3vf /73 {o- it �a�o Property ID#- y.3 600 - 00 g -0000 -0004-0rS8-O a/ . -e.1 , 5•.TohjFjj-4 f/i•, 3.�, ciSdt,l< Address: nnox'14y h 1 VA�a�v 1� l� �qc aSl�1 Property ID#: -q 000-A-D'n C 6. Address: Property ID#: 7. Address: Property ID#: 8. 9. Address: Property ID#: Address: Property ID#: 10. Address: Property ID#: 9. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Supervisors of the County of Virginia, and authorize the County to go upon the property for the purpose of making site inspections. Signature of Owner: .�`+ �• Z!/�eQ Signature of Applicant: Complete Mailing Address: 94' m, Telephone Number: 91) For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval = Denial COUNTY ADMIN. (signed) Page Three Conditional Use Permit 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. 3 S% I � v c I A ` v 1 O 1 1 � n A i n (n c i N I U� 1 I ���• H�- Al3;4- s-s COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 July 24, 1985 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Hansford Houston and Virginia P. DeWeese Conditional Use Permit For: Cottage Occupation/Small Woodstain Packaging to be located on Lot 19, Spring Valley Subdivision This conditional use permit request will be considered by the Frederick County Planning Commission at their meeting of August 7, 1985, at 7:30 p.m., in the Board of Supervisors` Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, ✓ A J` ° -- J n T. P. Horne P anninq Director JTPH/rsa i 9 Court Square P.O. Box 601 Winchester, Virginia 22601 phis is to certify the the attached correspondence was mailed to the following on July 24, 1985 from the Department of Planning and Development, Frederick County, Virginia: MARSTELLER, VERNON E. JR. L BETTY R. S T VE E T--- fir -5, ;-he 1/ 0 S WINCHESTER, VA. 22601 BASSLER, JERRY L MARY A. RT. 5 BOX 633-A APPLE PIE RIDGE WINCHESTER, VA. MARSHALL MILLS, INC. RT. 6 BOX 173 WINCHESTER, VA. ANDERSON, JOHN F. L ALLEN 8. BOND JR. L MABEL H. BOND BOX 444 WINCHESTER, VA. 22601 22601 22601 Houston & Virginia P. DeWeese P.O. Box 2255 Winchester, Virginia 22601 I'W� l It V Joh . TP. Horne, Director Fre er ck County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, j - all ItA" 1 a Notary Public in and for the state and count aforesaid, do hereby certify that John T. P. Horne, Director of the Department of Planning and Development, whose name is signed to the foregoing, date �} , has personally appeared before me and ackno edg the same in my state and county foresaid. Given under my hand this day o 1985. Jff�My commission expires on y IF I ANDERSON, JOHN F. G ALLEN 6. BOND JR. G HA3EL H. BOND BOX 444 • WINCHESTER, VA. 226D1 ANDERSON, JOHN F. G ALLEN B. BOND JR. G MABEL H. BOND BOX 444 WINCHESTER, VA. 22601 MARSTELLER, VERNON E. JR. E BETTY R. 436 MARION STREET wINCHESTER, VA. 22601 MARSTELLER, VERNON E. JR. L BETTY R. 436 MARION STREET WINCHESTER, VA. 22601 i BASSLER, JERRY & MARY A. RT. 5 BOX 633-A APPLE PIE RIDGE WINCHESTER, VA. 22601 BASSLER, JERRY C MAPY A. RT. 5 BOX 633-A APPLE PIE RIDGE :WINCHESTER, VA. 22601 MARSHALL MILLS, INC. RT. 6 BOX 173 WINCHESTER, VA. 22601 MARSHALL MILLS, INC. RT. 6 BOX 173 WINCHESTER, VA. 22601 • MARSHALL MILLS, INC. RT. 6 BOX 173 WINCHESTER, VA. 22601 . MARSHALL MILLS, INC. RT. 6 BOX 173 WINCHESTER, VA. 226il • MARSHALL MILLS, INC. RT. 6 BOX 173 WINCHESTER, VA. 22601 MARSHALL MILLS, INC. RT. 6 BOX 173 wINCHESTER, VA. 22601 CONDITIONAL USE PERMIT #009-85 Hansford Houston and Virginia P. DeWeese Cottage Occupation/Small Woodstain Packaging LOCATION: Lot 19, Spring Valley Subdivision MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Residential and Open Space Land Use and A-2 Zoning. PROPOSED USE AND IMPROVEMENTS: Decanting and packaging of woodstains for delivery to an industrial user. REVIEW EVALUATIONS: Virginia Dept. of Highways and Transportation - No comment. Health Department - No comment. Sanitary facilities are located in the home. No employees. Round Hill Fire Company - No Comment. Inspections Department - Packaging area to be vented in accordance with Section M-1000.4 and Table M-1003.1 of the BOCA Basic Mechanical Code, 1981. Planning and Zoning - Mr. DeWeese will receive 55 gallon drums of woodstains from his employer in Roanoke, draw off the stain into small jars or cans, package those jars or cans into boxes, and deliver the boxes to a local user. The use will be one to two times a month, typically. STAFF RECOMMENDATIONS: Approval, with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be" required. PLANNING COMMISSION RECOMMENDATIONS: Denial, by the following vote: DENY: Messrs. Romine, Kirk, DeHaven, Golladay, Myers APPROVE: Messrs. McDonald, Stiles, Brumback �tl APRLICATION FOR CONDITIONAL USE PERMIT IN THE COUNTY OF FREDERICK, VIRGINIA Conditional Use Permit No. -� Submittal Deadline is JUL /�2 Applications Date For the Meeting of Fee Paid qb�(J� 7-1-W2 1. The applicant is the ownerother (check one) OWNER: OCCUPANT: (if other than owner) 2 : NAME: NAME: ADDRESS: '19 0"';�4kDDRESS : 22Lo TELEPHONE: (� / 6 96 TELEPHONE: 3. The property is located at (please give exact directions) The property fronts state route and consists of acres. (Please be exact) 5. The property is owned by y9, as evidenced by deed from 111AI-6d,111 IJ4,'/15 recorded in deed book no. ::S'35- on page , regist y of the County of x 6. This property is designated as parcel no. 19 on tax map no. :Y!2: in the I ( Magisterial District. 7. The type of use propos d is E UCt-yQ1-)A%76AJ - W/?6C GUCO 8. It is proposed that the following additions/improvements to existing buildings will be constructed. 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 bothsides and rear and in front of (across street from) the property. (Use additional pages if necessary). These people will be notified by mail of this application. NAME 1.C%ay.ra4 4. /flgesfe Address" , Property ID#: Address: Property ID#: ��aoo --U/2k - ©ace --coo ! 00/9-0 3.,�7o��fN�l� !�%/lf Tv�z. Address: 3p , / 73 ��, :���: , fY, ✓�� 4� =�� Property ID# '//A000 - O/A - 0000 -=000 / --00A& -0 4 I Address: f. 6 '3 ox 173 Property ID#• v 3 d 00 4 00 9 m-0000 ,a l 0 1 Page Two Conditional Use.Permit NAME 5.J-6h,4[F ���./sJ� �a l�D r��?ii Address: t� J ` �O�C y ^1y 1 njG�.25 (QJi� VA Property ID#: -1/A050 -fEoc� 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 9. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Supervisors of the County of Virgini.a, and authorize the County to go upon the property for the purpose of making site inspections. Signature of Owner: Signature of Applicant: Complete Mailing Address: ;% ( 4� -? 2 Telephone Number: �' ��' 1� For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) DApproval Denial COUNTY ADMIN. (signed) Page Three Conditional Use Permit 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. G� c q3 --�, S' 14 RIP pr ': •� i WI nn• _ M I _f f a Cry © 6 _O M 4•B• Ire I 53 5 A'A 1--40.\ B p M• �. A. 2 A Z ry• / // / ;I / ,A CITY OF Wa+CME57ER CITY OF P wINCHNG1E5TiR j�.• tee. A OA F / / Celnce_) Reliance Universal Inc. Chemical Coatings/Resins 283 7 Roanoke Avenue, S. W., Box 4627, Roanoke, Virginia 24015.0155 - Phone 703-982.8301 June 24, 1985 Frederick County Department of Planning and Development 9 Court Square Winchester, Virginia 22601 Attention: Frederick County Planning Commission To Whom It May Concern: In reference to the application of Mr. Houston DeWeese: The Touch -Up Stains manufactured by Reliance and sold to Mr. DeWeese will not be a Flammable Liquid under current Department of Transportation Regulations-CFR File 49, Part 172.01. These stains are comparable to stains that are readily available from retail paint stores and used for home furniture refinishing. Please contact me if you have any questions. Sincerely, H. Wayne Anderson Technical Director HWA/ph OUR GUARANTEE: "Since methods and conditions of application and use are beyond our control, all merchandise is sold and received subject to the condition that our liability for any defect in quality, or for any lack of fitness for the use made thereof, is limited to the return of the purchase price if written claim is made within 90 days from the date of shipment." _ TECHNICAL ADVICE: The technical advice contained herein is based on tests believed to be reliable and is offered as a helpful suggestion. It is expressly understood, however, that all such technical advice is given gratis and Reliance assumes no obligation or liability for the advice given or the results obtained, all such advice being given and accepted at buyer's risk. Further, where equipment of other companies' products are mentioned, we do not imply an unqualified recommendation as there are undoubtedly others of similar types on the market which may be equally or better suited for the purpose. _49 The Frederic!_ County Board or' Supervisors' 9 Court Scuare Winchester, Virginia Dear Sir/Madame: Planning Commission i,�eeting Room 22601 RoutE box 105 S f,'inchester, Va. 22601 August 7, 1985 Jerry anc: Mary Bassler, owner.s of Lot 13, Section 1, (5.12 acres zone Az) in the Spring Valley Subdivision in the Stone- wall lv,ana$erial District wish to go on record opposed to the grantin,- of a conditional use permit for a chemical paint and stain for,nulating operation, described in their application for a conditional use permit by Hansford Houston Del-weese and Virginia P. De'r]eese (Lot 19, Section 1 of the Spring Valley Subdivision) as a cottage occupation. We cannot stand idly by and apparently acquiesce to their request which violates the restrictions running with the land in the Spring Valley Subdivision. These restrictions in the Deed Book of Frederick County, Virginia, Book 467, Page 40, state: " 1. Nothing but a single family dwelling or residence designed for the occupancy of one family shall be erected on any of the lots in the subdivision.... Such lots shall be used for residential purposes only." " 9. All lots shall be kept clean at all times, and free from junk, rubbish, garbage and other noxious matter." "11. No noxious or offensive activity shall be carried on upon any lot, nor shall anythinZ be done there- on which nay be or may become an annoyance or nuisance to the neighborhood." "The above covenants are to run with the land and shall be bindinn on all parties and all persons claiming under them for a period of sever_ (7) years from the date these covenants are re- corded, after which time said covenents shall be automatically extended for successive periods of seven (7) years unless an instrument si--ned by eighty per cent (80A of the then owners of the lots has been recorded, agreeing to change said covenents in whole or in part." - q— ,� The Frederick County Plannin; Commission - 2 - August 71985 Since ever; lot owner Must take notice of the recorded plot, nIr. and IV-lr--. 'DeWeese had constructive notice of these restric- tions and could have Made sure the zoning of the land matched their plans for its use. Literal com;clianc^ to the restrictions will not cause undue hardship. The hard_-hia must be special and peculiar to the particular property. That fact that a man can malce more money by devoting his property to another purpose is not a legal hardship. A. hardship must not be self-created. If a hardship exists, it was self-created. The De-veeses built a garage for this chemical operation prior to their application. Yet the apnlicatic.,ri Mates they plan to build it. This paint and stain mixing operation may not even be desirable in an industrial park due to the toxic nature of the �? atc.r used. Many paint and varnish operations are not allowcd L'I light industrial par'_-,s any? certainly they do not belong in a quiet residential nei`hbo»mood, without any sanitary sewer utilities, dependent upon uncontaminated ground water supply and with private roads that are not uesigned for the use of trucks bringing in drums of chemical ra,r: materials and hauling out cases of finished materials in the form of paints and varnishes. This chemical operation may even belong in a medium to heavy industrial setting. There is a definite toxic waste problem. Anyone who has painted, even around his home, '.•snows it is difficult to clean up after the job. :''hat do you do with the cleanup solvents and solutions, the soiled wiping rags, the used containers, drums and other wastes? What hap_oens when there are spillages? There is a stream just below and to the east of this proposed industrial industry. Paste travels into and through the ground. The soil and well -water sup- ply i-.7ill easily become contaminated from normal spillages of these toxic materials. Vlhat is a cottage occupation? ''Then a man received so much per tire for removing tires from business establishments and stored them on his property over the objections of man ppeople in his neighborhood, was he engaged in a cottage coccupation? When these products of his enterprise burned, causing hardship to his neighbors and the community, was he engaged in a safe cottage occupation, providing revenue to Frederick County? The mixing and storage of paints and stains is a noxious offensive activity. It will be an annoyance to anyone who lives in this residentail subdivision and the surrounding areas. It will become a greater annoyance as this chemical activity thrives and grows. There will always be the next order for a larger batch of chemical stains and varnishes which will require greater chemical raw materials. There will be increased traffic bringing raw materials in and carrying finished products to the market. Then there will be the one, two, or three employees needed in the business with the resulting traffic disturbances, trash thrown from cars and unsi ,htl :>' par ,ins. The Frederidk County Planning Co-nnission - 3 - August 'T, 1985' We oppose the �racting of any conditional use permit for afore- mentioned Lot 19 on the grounds that it will have an undue adverse effect o:: this naturally beautiful and scenic quiet residential neighborhood, unblemished even by overhead electric lines. The resident; of Frederic': Goun-ty have a stake in preserving the 1health of our orcy?crly zoned and restr _c ;ive r 1 ential ca aunity. ? f'ul y, `ary �--�ssler CC: John T. P. Horne, l'lanninE Director, Deoartmment or Planning and Development, Frederic?: County, Virginia Stephen ;'17. Gyurisin, Deputy Director, Department of Planning and Development, Frederic'_ County, Virginia w