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HomeMy WebLinkAbout06-88 Gary Ray Hunt - Back Creek District - Backfile�'% .�y� �Je�- a � ��� �� COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703 / 667-0370 May 15, 1990 Mr. Gary Ray Hunt Mt.. Falls Route, Box 146A Winchester, Virginia 22601 Dear Mr. Hunt: This is a follow-up to the phone conversation we had on May 15, 1990 concerning the display of used cars that you have placed in front of your motorcycle business. Your conditional use permit #006-88 clearly states that all sales activities, repair activities and storage shall occur within the building. Displaying used cars for sale there is clearly in violation of your permit and is not an authorized activity in the Rural Areas (RA) zoning district where your operation is located. Your cooperation is respectfully requested so that you do not jeopardize your permit and are allowed to continue your business. Should you have any questions please give me a call. Sincerely:, 26 W. W yne Miller zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK IDepartments of Planning and Building 703/665-5650 March 28, 1988 Mr. Gary Ray Hunt Route 1, Box 1985 Berryville, Virginia Dear Mr. Hunt: 177-/g�a 22611 This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of March 9, 1988: Approval of Conditional Use Permit Request #006-88 of Gary Ray Hunt for the re- establishment of a non -conforming use for motorcycle repair and sales. This property is located on the east side of Route 50 West, one mile east of Gore, and approximately eight miles west of Route 37, in the Back Creek Magisterial District. The following conditions must be upheld: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit will expire and a new conditional use permit will be required. 3. A site plan as per Article. XIX must be prepared and submitted for administrative approval. 4. All sales activities, repair activities, and storage shall occur within the building. 5. The western -most entrance to the site must be closed. If you have any questions regarding your conditional use permit, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/dkg cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court William Orndoff, Treasurer Inspections Department 9 Court Square - P.O. Box 601 - Winchester, Virginia 22601 CONDITIONAL USE PERMIT # 006* Gary Ray Hunt Re-establish a Nonconforming Use/Motorcyle'Repair and Sales Zoned A-1 (Agricultural Limited) LOCATION: On the east side of Route 50 West, one mile east of Gore, and approximately eight miles west of Route 37 MAGISTERIAL DISTRICT: Back Creek ADJACENT LAND USE AND ZONING: Vacant and forest land and one residence; zoned A-1 (Agricultural Limited) PROPOSED USE AND IMPROVEMENTS: Re-establish a nonconforming use for motorcycle repair and sales REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - No objection. Health Department - The sewage system has been repaired in the past when operated as a restaurant. Soil conditions are marginal. We do not recommend use as a restaurant, but we have no objection to any business where there is limited use of sanitary facilities. If use as a restaurant is proposed, the applicant shall apply for an NDPES permit and install an alternative system, if approved. Gore Fire Company - No comment. Planning and Zoning - This is the property previously discussed for the Michael Mehas rezoning. It contains an existing building, formerly used as a restaurant. The applicant proposes to use the site for motorcycle repair and sales. When a non -conforming use has been discontinued for over one year, a conditional use permit may be granted to reestablish an equal or less non -conforming use. The primary issue with this request is determining whether the proposed motorcycle repair and sales is an equal or less non -conforming use than a restaurant. In terms of impacts, the motorcycle sales and service may be more non -conforming if it involves a great deal more activity on the site than would occur with a restaurant. If all motorcycle activites and storage occur completely within the existing building, then the use would not be more non -conforming in terms of impacts. Page 2 Gary Ray Hunt CUP In terms of allowed uses, restaurants are an allowed use in A-1 District with a conditional use permit. Motorcycle sales are not allowed in the A-1 District. In that sense, motorcycle sales are more non -conforming than a restaurant. Therefore, this request is probably not appropriate for a conditional use permit for a non -conforming use. however, the ordinance provides no guidance concerning what is more or less non -conforming. Therefore, the staff would appreciate any advice. STAFF RECOMMENDATIONS: Denial. Note: If it is to be approved as a conditional use to reestablish a non -conforming use the following conditions should be placed on it. 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit will expire and a new conditional use permit will be required. 3. A site plan as per Article XIX must be prepared and submitted for administrative approval. 4. All sales activities, repair activities, and storage shall occur within the building. PLANNING COMMISSION RECOMMENDATIONS OF 3/2/88: Unanimous approval with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit will expire and a new conditional use permit will be required. 3. A site plan as per Article XIX must be prepared and submitted for administrative approval. 4. All sales activities, repair activities, and storage shall occur within the building. 5. The western -most entrance to the site must be closed. 4ICATION FOR CONDITIONAL 0 PERMIT IN THE COUNTY OF FREDERICK, VIRGINIA Conditional Use Permit No. _six ue_ Application Date �� gk Fee Paid Submittal Deadline is For the Meeting of 1. The applicant is the owner other (check one) OWNER: OCCUPANT: (if other than owner) 2. NAME: l,'19AV NAME: ADDRESS: r►m FAi t s �L# G�� is U6A ADDRESS: iw/I A/0 14 A= S 2 40 / TELEPHONE: '2o 3 -- g p TELEPHONE: 3. 4. The property is located at (please give exact directions) X� SD -- (;-ci-1 LAq, The property fronts state route SO and consists of I© 5- acres. (Please be exact) 5. The property is owned by (. A )eV R 14 y H-r--T as evidenced by 6. 7. S . 8. It is proposed that the following additions/improvements to existing buildings will be constructed. NIA deed from ecord d in deed book no. on page registry of the County of 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. (PLEASE LIST COMPLETE 21-DIGIT NUMBER) NAME 1 . n Fw Address: -3 1 Property ID#: -60 - 0 - 0o - o - 0 3i 2. h'. Address: IU Z 15 3 t1 o S TFP/iFy a,✓ GSA zzal Property ID#: �$ -60-0 -/�}0� -60d� - 0000 - Address - 3 : /y9i I S�nAi-rH Es-rEztt M - � v Property ID# 4 •�l/2u r2c,�, Address: "/ , Property ID#: - Doo - /� O -6000 -- 66 bb -0/ 34- 0 I Page Two Conditional Use *it NAME • 5.� GL� ✓' �-. Address: 1� ts" /$ ��-Le_ (-�'. -Z 2. ra 2 Property I D # : I. J"6-rr C Address: /U- ), �+(i S - 2 Z 69 3 ^7 Property ID#: 7 .0 t Address: �! 644 -Z 2 16 Property ID# : 69 � �Dv� Ott - D�Jr.�7J -- 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 Virginia, 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: 147L /4� zz CI ae i4 �.e/. [ski • �. �� d 1 Telephone Number; For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) DApproval Denia SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) _3 - 9 — W g Approval Denial COUNTY ADMIN. (sign `{, 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. {agc Three • Rezoning • Please use this page for your sketch of the property. Show proposed and/or existing structures on property, including measurements to all property lines. pros 364 it.li 98 The Accospanying Plat In a Survey of a Portion of the Land convoyed to sunny Elliott and Leroy Elliott by Deed dated 27 Octobar 1970 In Deed Book 370 rage 221, The maid Improved Lr•nd Pronto the Western Highway Boundary Lino (Are Line) of D. S.'' a Rt. 50, and lies In Back Crook D1strlct, Fredorick -• 11 County, Virginia: Beg LnnlnC at an iron pin at the P. T. 1n the Western Rigln+ay Boundary Line of Rt. 50, a oorner to the Retained Portion, running with the two following Lines of the Bald Other Land B 720 501 W - 61.07 ft, to an iron pin, thence H 170 501 W - 684.71 ft. to an iron pin in the Wout- Z crn Highway Boundary Lino (t,ro Lino) of Rt. 50) y thonce with the said Are Lino 69©,CO ft, o (Chord Line S 220 15' 52" w - 607,43 rt.) to C the beginning. 01 - C . O Ce 4• � A Containing - 1.05 Acroe, i -4 u G LP ,^ Surveyed - - Ootober 22, 1971, v _ Ln uO r E> OUC N N (II n N C) N f 210' 01 m VARIANCE GRANTED A /�('ht � t✓ c. c. a••a. •or,r 21.0' WRG(N(A FREDe"R(CY• COUNTY, SCT. TLu uulrum.ud of •n,huq ua p,,Junld to me on the t N �! ti- d.Y of��P'Crr LJ, 19 _ .e117.IC X� J and walk l uclmts'1: U:nvid tho-te aaao cil w- _PN ada I,QJ to r,co,d. 1•,.a .m ,..:_J ut J.c. Is .,.t 11 pN p. and 5:•5.1 h.vo Lcca pwd, d a a,blu. j a. / OTNCR LAND I • TO: COUNTY of FREDERICK Departments of Planning and Building REQUEST FOR COMMENTS 703/665-5650 Mr. William H. Bushman Local Office: Resident Engineer VA. Dept. of Transportation 1550 Commerce Street P.O. Box 278 Winchester, VA. 22601 Edinburg, Virginia 22824-0278 (703) 662-8876 (703) 984-4133 FROM: Robert W. Watkins, Planning Director DATE: SUBJECT: Review Comments for Conditional Use Permit __ Rezoning Subdivision. Site Plan Master Development Plan Please review this request for a located at Proposed building and improvements: This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by for the meeting of VDOT Comments: VDH&T Signature: Applicant's Name: Address: Phone Number: Date: NOTICE TO APPLICANT: It is.your responsibility to contact the Virginia Department of Transportation for comments on your project and to return all comments as part of your application before or on the submittal deadline date. 0 (niirt grninrP - P Cl Rny r,01 - Winr-hPctPr Viroinia - Y7r,O1 COUNTY of FREDERICK Departments of Planning and Building REQUEST FOR COMMENTS 703/665-5650 TO: Wellington Jones, Engineer/Director Frederick County Sanitation Authority The Old Frederick County Courthouse Located on the P.O. Box 618 second floor of Winchester, Virginia 22601 the Old Frederick (703) 665-5690 County Courthouse FROM: Robert W. Watkins, Planning Director DATE: SUBJECT: Review Comments for Conditional Use Permit Subdivision Master Development Plan Please review this request for a located at Proposed building and improvements: Rezoning Site Plan This comment sheet must be returned to the Frederick County Department o•f Planning and Development, or the applicant, by for the meeting of Sanitation Authority Comments: Sanitation Signature: Applicant's Name: _ Address: Phone Number: Date: NOTICE TO APPLICANT: It is your responsibility to contact the Frederick County Sanitation Authority for comments on your project and to return all comments as part of your application before or on the submittal deadline date. • COUNTY of FREDERICK Departments of Planning and Building REQUEST FOR COMMENTS 703/665-5650 TO: Mr. Herbert L. Sluder Sanitation Engineer Frederick -Winchester Health Department Located at the P.O. Box 2056 intersection of Winchester, Virginia 22601 Smithfield Ave. & (703) 667-047 Brick Kiln Road FROM: Robert W. Watkins, Planning Director DATE: SUBJECT: Review Comments for Conditional Use Permit Rezoning Subdivision Site Plan Master Development Plan Please review this request for a located at Proposed building and improvements: This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by for the meeting of Health Comments: i Health Signature: Applicant's Name: Address: Phone Number: Date: NOTICE TO APPLICANT: It is your responsibility to contact the Frederick -Winchester Health Department for comments on your project and to return all comments as part of your application before or on the submittal deadline date. COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 February 24, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Gary Ray Hunt Conditional Use Permit To: Re—establish a nonconforming use/motorcycle repair and sales to be located on Route 50 West at Gore in the Back Creek District.. This conditional use permit request will be considered by the Frederick County Board of Supervisors at their meeting of March 9, 1988, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify t the attached 24, 1988 i Department correspondence mailed to the following on :February the of Planning anOevelopment, Frederick County, Virginia: Baumann, F. W. 171 9 Bonnie L. Mayhew, Denny 9 13anbana 31 Thuuton Dxive Rowe 1, Box 39 Upper Man.Qhotco, MD 20870 Go&e, VA. 22637 Ett i.ott, Fm-i ty H. Guny Ray Hunt Rowe 2, Box 340 Mt. FaM Rowe, Box 146-A Stephenson, VA. 22656 WinchesteA, VA. 22601 Newtin, Roger 9 Su/san K. Suddith, €ztette M. Rowe 1, Box 7 14919 Ow z Nest Road Gone, VA. 22637 Nohelsvitte, VA. 22123 Lutr.ett, Lsaac 9 Anna Mae Rowe 1, Box 18 Gone, VA. 22637 Poote, Chancels Kenneth Rowe 1, Box 5 Gone, VA. 22637 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, C _ , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated & �� , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of J 1988. My commission expires on A /j V , � 6----- NOTARY PUB IC • COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 February 17, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Gary Ray Hunt Conditional Use Permit To: Re—establish a nonconforming use/motorcycle repair and sales to be located on Route 50 West at Gore in the Back Creek District. This conditional use permit request will be considered by the Frederick County Planning Commission at their meeting of March 2, 1988, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 i This is to certify the attached correspondence x mailed to the following on February 17, 1988 f the Department of Planning an velopment, Frederick County, Virginia: Baumann, F. W. III and Bonnie L. 31 Thurston Drive Upper Marlboro, MD 20870 Elliott, Emily H. Route 2, Box 340 Stephenson, VA. 22656 Suddith, Estelle M. 14919 Owls Nest Road Nohesville, VA. 22123 Newlin, Roger & Susan K. Route 1, Box 7 Gore, VA. 22637 Luttrell, Isaac & Anna Mae Route 1, Box 18 Gore, VA. 22637 Poole, Charles Kenneth Route 1, Box 5 Gore, VA. 22637 Mayhew, Denny & Barbara Route 1, Box 39 Gore, VA 22637 Gary Ray Hunt Mt. Falls Rt., Box 146-A Winchester, VA 22601 X�� Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, �"/j.19,'�, a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated. �q�(y , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of 'Az"r , 1988. My commission expires on ANAMiJ Od "d 1* NOTARY PUBLIC F PLANNING ` COUNTY OF FREDERICK 9 COURT SQUARE P. O. Box 601 WINCHESTER. VIRGINIA 22601 PETURNED TO SENDER REASON CHECKED efumI M I mill e Unknown bW MCent Mines — lb Such Street ipber_____ No Such ice S Do 00 matiin t y nvelope�_„ atfX'y Roue''-� Steph.ew5 ohj,., VA. 22 �c :ICI 7qr U .pcl,01 ,uE�x FEB24'88 2 « va 60129w'sL� - _ e e F CEES 2 5, p 7 February 24, 1988 • w^ • . n COUNTY of FREDERICK Departments of Planning and Building . 703/665-5650 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Gary Ray -Hunt Conditional Use Permit To: Re-establish a nonconforming use/motorcycle repair and sales to be.located on Route 50 West at Gore in the Back Creek District. This conditional use permit request will be considered by the Frederick County Board of Supervisors at their meeting of March 9, 1988, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa 9 C.nnrt Rnnare - P.O. Box 601 - Winchester, "Virginia 22601 PUNNING COUNTY OF FREDERICK SENDER ^�$C9 a, 9 COURT SQUARE �' G��''-xy ia�. �E S REASON CHECKED P. O. Box 601 Unclaimed_ o u+ B I1 -- setused_ WINCHESTER, VIRGINIA 22601 Addressee Unknown_ insufficie # Addr No Such $beet-.._lYumbe- No Su �� in thi's �,��v � FE54988 REC,EIVE1) DEPT. OF PLANNING AND BUILDING I* E iott, Emi H. Route , Box 34 Stephenson.,, VA. 22 N So,, p M 1988 • COUNTY of FREDERICK of Planning and Building 703/665-5650 February 17, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Gary Ray Hunt Conditional Use Permit To: Re-establish a nonconforming use/motorcycle repair and sales to be located on Route 50 West at Gore in the Back Creek District. This conditional use permit request will be considered by the Frederick County Planning Commission at their meeting of March 2, 1988, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. .Sincerely, .Robert W. Watkins Director• RWW/rsa N 42 43 goo _-440 45 46 47 0 48 800 49 so • 51 52 53 • r 55 I V r- A L 171 1 1 r-L) P A R T N T' R S H I P V. PIKE--- 4 8 4- RP _R S__ 18.500 1 2 300 54 -5—P-1-G-I-0-0 -N-HILL_-0 R , - - - ___w_ 5655 57 7 56 2 2 17 Q 57 59 kL),N DATE: 02/10/88 FREDERICK COUNTY, VIRGINIA • PLANNING &'JEVELOPMENT LABEL LISTPAGE 5 • NAME/ 2AN PROPERTY /A LAND lMPROV* 1 - M - ----- -- ------3 - - - - - - - R I P T 10 N � 7_0NE U/C VALUE L U E VALUE 2OACREAz A 0 0-- - - - - - - - 3 �4 55800- 0000-0000-0fJ07--J\/WILS0Nt S. We •-r-A I L D_A_ 3 V P I K E 1.30 RP A -7, 2,COO 4 RT* 7 BOX 90 5- 0 WINCHE-STER, VA, 6 22601 ---- — - 55B00-A00-0000-00j-0WOLFE, JAMS A. NINA Be V. PIKE .87 1? P A 5 1,700 9 box 91 6 1 -N IfHS _fTTE­��V -- A 9 10 22601 12 ---- -- 55d00-A0G-U300-00Q0-JJJ9-9 u R A Y M !3 E r *2.13 AS 500 12 14 RT. 7 3OX 92 --- --- --- -------- -_ INCHES TER VA. i �15 226 01 (3000 16 0 YMONO Co L "ILDRED 3- V. PIKE . 7 T. 7 BOX 92 30 RP AG 600 18 WINC-HESTER, VA. 19 22501 - - ----- 0 20 'ZAC'4GO, RAY"10N.3 C MIL_PRFO In PIKE 1.24 RP AG 2,500 21 RT. 7 30X 92 --- --- - ------- 21 0 0 22 WINCHESTER, VA. - ------ 23 22601 24 AH COMPUTE') SYSTEMS, E .50 pp AG 1,000 0 25 INCORPORATED 26 .0 0 a 3-0. X ­_ 2 J6 2- 9 27 VA. Y L A K'-' ASSOCIATES 3a V. PIKE 1-D NJLLASTON DRIVE I-NCH-E S T V A 22601 5_5_oQ'L.-AJ0-00J0-0u00-0Q04-Q v, PARAMOUNT TrE__RMIT-:_ C QL 0 N T q %t-c PIKE ----._----_-.-----COMPANY, INC. —3 _0X2= 7 5 6 WINCHESTE9, VA. 22601 10-AOO-0000-0000-0005-1 Q Q K LAZI E , N.0, R W 0 0 Q H. 202.75 A2 AG 162,200 -- -- -- ----- _ _Lo_'000 RP -i . - __ -r - 9 nn PAULIN,:' j. RT. 7 BOX 103 WINCHESTER, VA. %P_ n-AQl-jnnn_nnnn_nnn