HomeMy WebLinkAbout05-87 Administrative Appeal - State Farm Claims Office - Backfile (2)7zy'
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COUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
1738
June 22, 1987
Mr. Douglas R. Toan
Construction Management, Inc.,
150 McGhee Road
Winchester, Virginia. 22601
RE: Denial of Appeals Application #005-87 of Douglas R.' Toan for State Farm
Claims Offices
Dear Doug: ?
This letter is to confirm the Frederick County Board of Zoning Appeals' action
at their meeting of June 16, 1987:
The Frederick County Board of Zoning Appeals has upheld the administrative
decision of the Frederick County Planning and Development staff to deny the
request for State Farm Claim Offices between I-81 and Route ll ,in the Opequon
Magisterial District.
If you have any questions regarding this appeals, please do not hesitate to call
this office.
Sincerely,
Stephen M. Gyurisin
Deputy Director
SMG/dkg
9 Coi!rt Sovgre - P.O. Box 601 - Winchester, Virginia
22601-
0045--P-)_
APPEALS APPLICATION #005-87
Douglas R. Toan
for
State Farm Claim Office
Appeal of an Administrative decision by the Frederick County Department of
Planning and Development.
LOCATION - East of Route 11 South, between I-81 and Route 11, and south of the
Route 37 interchange in the Battlefield Industrial Park.
MAGISTERIAL DISTRICT - Opequon
TAX MAP & PARCEL NUMBER - Tax Map 75, Parcel 11
ADJOINING LAND USE & ZONING - Route 11 South and Church to the west --institutional
land use; vacant commercial/industrial land uses on all other adjoining sides.
This site is surrounded by B-3 (Industrial Transition) Zoning.
EXISTING IMPROVEMENTS - None. This is a vacant lot (Parcel 5).
PROPOSED USE & IMPROVEMENTS - The applicant wishes to construct a facility, as
shown on the attached site plan, for the State Farm Insurance Claims Office. The
structure is approximately 4,510 square feet--3,910 square feet for the main
structure and 600 square feet for the garage. All site improvements such as
parking, access, paving, and curbs will be constructed in accord with the
appropriate county codes.
APPEAL REQUESTED - This is an administrative appeal concerning the classification
of the business being proposed.
STAFF COMMENT - The staff has determined that the proposed State Farm Insurance
Claims Office use is an office building use and not a motor vehicle sales and/or
motor vehicle service use. The applicant believes that the proposed State Farms
Insurance Claims building is a motor vehicle sales and/or motor vehicle service
use.
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005-X-7-s
ARTICLE XI
%C .t BUSINESS, GENERAL DISTRICT B-2
11-1 STATEMENT OF INTENT
Generally, this district covers that portion of the community
intended for the conduct of general business to which the public
requires direct and frequent access, but which is not
characterized either by constant heavy trucking other than
stocking and delivery of light retail goods, or by any nuisance
factors other than occasioned by incidental light and noise of
congregation of people and passenger vehicles.
11-2 USE REGULATIONS
11-2-1 General retailing uses including, but not limited to, auctions,
appliance stores, bakeries, clothing stores, drug stores,
furniture stores, gift shops, automatic self-service laundries,
dry cleaning establishments, farm markets, and nurseries.
11-2-2 Travel -oriented businesses, such as hotels, motels and
restaurants.
C� 11-2-3 Motor vehicles sales, with accessory service; including, but not
limited to, vehicle parts sales and car washing facilities. All
repair activity to take place within a completely enclosed
structure. All outside storage of disabled vehicles or vehicles
waiting for repairs, parts, or equipment must be fully screened
from adjacent residential zoning districts, areas within other
zoning districts which are predominantly residential in nature, or
any other areas which the Commission determines are in need of
such screening. The Commission shall determine the type and
amount of screening to be required.
11-2-3.1 Service Station
11-2-4 Office buildLau , sales offices, financial institutions, and post
oll7ces.
11-2-5 Commercial Indoor Recreation and Athletic Facilities
11-2-6 Institutional businesses such as hospitals, libraries, churches
and funeral hones.
11-2-7 Public utilities such as poles, lines distribution transformers,
pipes, meters, water and/or sewage treatment and distribution
facilities.
005-Y 7-6
21-11-2
11-2-8
Off-street parking as required by this Ordinance.
11-2-9
Business signs.
11-2-10
Directional signs.
11-2-11
Accessory residential uses which are within the principal
structure and are to be used solely by the owner and/or operator
of the principal commercial use.
11-2-12
Commercial outdoor recreation, athletic, or park facilities, only
with a conditional use permit; and, recognizing the intent of'the
district as statedin this Code.
11-3
AREA REGULATIONS
For permitted uses utilizing individual sewage disposal systems,
the required area shall be approved by the health official.
11-4
SETBACK REGULATIONS
11-4-1
No structure except signs shall be located between the setback
line and the street, road or highway center line.
11-4-2
The setback line shall be located thirty-five feet (35') or more
from any highway, street or road right-of-way which is fifty feet
`
(50') or greater in width or sixty feet (60') or more from the
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center line of any street with a right-of-way less than fifty feet
(50') in width and parallel or concentric to the center line.
11-5
YARD REGULATIONS
For permitted uses the minimum side and rear adjoining or adjacent
to a residential or agricultural district shall be twenty-five
feet (25').
11-6
HEIGHT REGULATIONS
11-6-1
Buildings and signs may be erected up to thirty-five feet (35') in
height from grade except that:
11-6-2
A public or semi-public building such as a school, church, library
or general hospital may be erected to a height of sixty feet (60')
from grade provided that required front, side and rear yards shall
be increased one foot (1') over thirty-five feet (35').
11-6-3
No accessory structure which is within twenty-five feet (25') of
any party lot line shall be more than one (1) story high. All
accessory structures shall be less than the main structure in
height.,
0 05'-*`7-7
21-12-1
ARTICLE XII
INDUSTRIAL TRANSITION DISTRICT B-3
12-1 STATEMENT OF INTENT
This district is intended for those commercial activities that may
be operated in conjunction with production and marketing
facilities. The uses in this district will be large, some will
have open-air display; and there will be a mixture of automobile
and truck traffic. It is intended that the uses in this district
shall not be sources of noise, dust or smoke; andthe--lots-will—be
landscaping in front as well as to the sides and rear.
12-2
USE REGULATIONS
12-2-1
Wholesale businesses.
12-2-2
Storage warehouses.
12-2-3
Monumental stone display and sales.
12-2-4
Laboratories (pharmaceutical and/or medical).
12-2-5
Laundries, including cleaning and dyeing plant.
12-2-6
Printing offices.
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12-2-7
Motor vehicles sales and/or motor vehicle service with W"ssory
(
used. All repair activity to toe place within a completely
enclosed structure. All outside storage of disabled vehicles or
vehicles waiting for repairs, parts, or equipment must be fully
screened from adjacent residential zoning districts, areas within
other zoning districts which are predominantly residential in
nature, or any other areas which the Commission determines are in
need of such screening. The Commission shall determine the type
and amount of screening to be required.
12-2-8
Veterinary hospitals.
12-2-9
Construction material supply businesses not to include fabricating
(with storage under cover).
12-2-10
Outdoor theaters.
12-2-11
Mobile home and model home sales.
12-2-12
Business signs_.
21-12-2
12-2-13 Directional signs.
12-2-14 Commercial Indoor Recreation and Athletic Facilities
12-3 AREA REGULATIONS
12-3-1 For permitted uses utilizing individual sewage disposal systems,
the required area shall be approved by the health official.
12-3-2 Landscaping should -be --_..provided, and may be required within an
establisrhed or.required front setback, side or rear yard.-
. �
12-3-3 Sufficient area shall be provided: (a) to adequately screen
permitted uses from adjacent residential districts, and (b) for
off-street parking for vehicles incidental to the business.
12-4 SETBACK REGULATIONS
12-4-1 No structure, except signs, shall be located between the setback
line and the street, road or highway center line.
12-4-2 The setback line shall be located thirty-five (35') or more from
any highway, street or road right-of-way which is fifty feet (50')
or greater in width or sixty feet (60') or more from the center
line of any street with a right-of-way less than fifty feet (50')
in.width and parallel or concentric to the center line.
12-5 YARD REGULATIONS
12-5-1 For permitted uses the minimum side and rear adjoining or adjacent
to a re'si-d-e-n aror-agricultural district shall be twenty-five
feet 2�TT— --
12-5-2 Buildings and signs may be erected up to thirty-five feet (35') in
height from grade.
12-5-3 No accessory structure which is within twenty-five feet (25') of
any party lot line shall be more than one story high. All
accessory structures shall be less than the main structure in
height.
cc j- ) %-`i
ADMINISTRATIVE APPEAL
State Farms Claims Office
This request is to appeal an administrative decision made by the staff concerning
the establishment of a car -related business in a B-3 zone. The staff has
determined that the office building cannot be located on a parcel zoned B-3.
The parcel in question is located in the Battlefield Industrial Park on Route 11
South (across from DMV) in the Back Creek Magisterial District. (see attached
plat)
The immediate area consists of three different zonings: B- 2, B- 3, M- 1. Only 200
yards to the north of the parcel in question is B-2 zoning in which the car -
related business would be an allowed use.
This business will be operated by the State Farm Insurance Claims Office. It will
be necessary for vehicles to be on the premises for inspection purposes, however,
no service to the vehicles will be performed. Claims are written in the office.
Douglas V. Toan
for Stat Farms Claims Office
Date
Page 2
State Farm Claim Office
The property proposed for development is zoned B-3 (Industrial Transition). In
the B-3 Zoning District, motor vehicle sales and/or service uses are allowed and
office building uses are not allowed. Motor vehicles sales and/or motor vehicle
service uses are only permitted in the B-3 Zoning District. Office uses, on the
other hand, are permitted in the B-2 Zoning District.
Again, the staff has determined that the proposed use is an office use which is
not permitted in the B-3 Zoning District. The BZA's decision should consider only
the issue being appealed --that the proposed use is either an office use or a motor
vehicle sales and/or motor vehicle service use.