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HomeMy WebLinkAboutPending - This Has Not Been Formally Submitted - Earl F & Peggy A Judy - Backfile�= Y. Y, �� f'�' r�+���� _ 1091 51 1 6450-0 1 091511 6450-L ,sw FI-I mmm�� 10915116450-0 MCKEE AND BUTLER ATTORNEYS AT LAW 11 SOUTH CAMERON STREET P. 0. DRAWER 2097 WnvcHEsTER, VraoiN AA. 22601-1297 PETER 11. MC$EE (193 4-1967) AREA MODE 703 BENJAMIN M.BUTLER TELEPHONE 662-3486 .STEPHEN G.BUTLER FAx 703-722-3787 MICHAEL L. BRYAN August 23, 1990 PLEASE REPLY TO: P. 0, DRAWER 2097 HAND -DELIVERED Kris C. Tierney, Deputy Director Department of Planning and Zoning County of Frederick 9 Court Square Winchester, Virginia 22601 Re: My File No. 6642 Cottage Occupation/Public Garage - Conditional Use Permit PJ's RV Parts and Service, Inc. Dear Kris: Please find enclosed a proposed draft of the application for a Conditional Use Permit by Earl F. Judy, et ux, for their 3.006 acre homesite on Route 735 in Opequon Magisterial District. Please let me know if you find the terms of this proposed application to be acceptable and correct. I am circulating the request for C.U.P. Comments to the Department of Transportation, Frederick County Fire Marshall, Frederick County Inspections Department and Frederick - Winchester Health Department. From our previous discussions, it is my understanding that it will not be necessary to obtain these comments from the City of Winchester, the Regional Airport Authority or the Frederick County Sanitation Authority. Please also advise as to what, if any, proffers the staff would deem appropriate with the exact language of the proffer"that the staff finds acceptable. Thank you for your prompt assistance in this matter. Very truly yours, MLB/t Enclosure as Stated APPLICATION FOR CONDITIONAL USE PZRMIT FREDERICK COUNTY, VIRGINIA Conditional Use Permit No. Application Date Fee Paid Submittal Deadline is A `T P/C Meeting: B/O/S Meeting: I. APPLICANT (The applicant is the owner X other (check one) NAME: Earl F. Judy and Peggy Ann Judy ADDRESS. Route 1, Box 112, Stephens City, Virginia 22655 TELEPHONE: 703/869-2737 2. Please list all owners of the property, occupants, or parties in interest: Earl F. Judv and Peggy Ann Judy, his wife .3. The property is located at (please give exact directions) 3.006 acre tract with ranch -style dwelling house and aaraae located at the intCrsections of Route 735•and Route 637 in Opeguon District Proceed on Route 11 South of Stephens City: turn onto Route 735 and proceed approximately 4 miles to site, which is located at end of hard surface portion of highway. Dwelling house is gold -colored ranch -style home with black roof. 4. The property has a frontage of 575.06 feet and a depth of * feet and consists of 3,006 acres. (Please be exact) * 352.67 feet along Northern boundary (Copy of recorded plat of subject property and-382.68 feet along Southern attached hereto) Earl F. Judy and Peggy boundary S. The property is owned by Ann Judy, his wife as evidenced by deed from _ Lois M. Judy, Widow recorded in deed book no. 465 on page 545 , registry of the County of Frederick 6. 21-Digit Property Indentification No: 92000A00000000000077A Magisterial District: Opeguon Magisterial District 7. Adjoining Land Use Agricultural/Residential ; Adjoining Zoning Agricultural 8. The type of use proposed is Cottage Occupation/Public Garage 9. It is proposed that the property will be put to the following use: Cottage Occupation/Public Garage - Sale of parts for recreational vehicles and repair and installation of same 10. It is proposed that the following buildings will be constructed: Proposed garage -style building with approximate dim naions of 40 X 50 feet 11. 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 sought to be rezoned. (Use additional pages if necessary). These people will be notified by mail of this application. [PLEASE LIST COMPLETE 21-DIGIT NUMBER) NAME 1• Address: LARRY L. MEYERS and SARITA Route 1 Box 107 Stephens City DIANE MEYE.RS Property I D 4: 2. Address: ROBERT K. JUDY, JR. and Route 1 Box - KITTY L. JUDY Property IV : 92000A00000000000077B 3. Address: RAY E, JUDY and CA1HY J, 32 a a cry Cc� art . Wi naL . s �� .er"Uyg Property IDO 92n0nAnnnnnnnnnnnn-7,7w _ Page Two. Conditional Use Permit I ►f� .TTM 4. Address: LOIS M. JUDY Route 1 Box 108-A Stephens City,VA 22655 Property ID#: 92000A000000000000770 5. Address: ROY,F. THORP and Route 1, Box 111, Stephens City, Va 22655 LILLIAN M. THORP Property IDS: 92000A00000000000080A 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 12. Additional comments, if any proposed use would have minimal impact on ad -joining properties. Similar cottage occupation/repair shops are existent throughout the area. I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the Frederick County, Virginia, with the above facts as support of this application. Signature of Applicant: . EARL F. JUDY PEGGY ANN JUDY Signature of Owner: EARL F. JUDY PEGGY ANN JUDY Owners' Mailing Address: Route 1, Box 112 Stephens City, VA 22655 Owners' Telephone No: 703/869-2737 '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 ContiitionaI Use Permit Please use this for our sketch of the property. Show proposed and/or existing page Y including structures on the property, inc g measurements to all property lines. 4. p1 (I M (lb Cd 1"I h x 1 t QN 6 - 1 • ,� r I �� o r*; �N G) cl • • ' �`l.1 �) ` J 1 • Ij I Nf O Y1 r r:1 " I� 'AMILY VARIANCE APPROVED �20 OCT-76 6 `� J �G 54.17 3iaJG1t.7; . Ronald Berg, Deputy bdivision Administrator R 1� .� 435 F'u 548 PIION[ 477J710 Bovndory description of Parcel A. Beainninq at a point in the eastern boundary line of State Route # 735 and about 266 feet !.Ovth%r?•t of the intersection of said Route #735 with State Route *637; thence running with the ew.tern boundary line of said Route #735 N53-20-09W - 34.41 feet to a point; thence N ,5-02-411': - 91 .27 feet to a point; thence N52-13-31W - 69.20 feet to a point; thence N-15-21-',9a' - 29.41 feet to a point; thence N44-38-1 lE - 5.00 feet too point; thence N39-:9-38V-' -42.97 feet to a point; thence N30-20-51W - 29.95 feet to a point; thence N1•1-53•-05Vd - 41 .36 feet to a point; thence NO2--16-OOW - b8.07 feet tn,n'pnillt; tllr•nce N,02-W-06E - 93.17 feet to a point; thence N06-52'-21E - 78.28 feet to a point; thence leaving the existing right of way line and making new lines through Judy S79-50-18E - 10.00 feet to an iron pipe set; thence S06 52-21W - 76.87 feet to a point; thence 502-04-06W - 92.80 feet to a point; thence S02-16-OOE -57.69 feet to a point; thence S14-53-06E - 37.47 feet to a point; thence S30-20-51E - 27.32 feet to a point; thence 539-49-38E -42.79 feet to a point; thence S45-21-49E - 27.75 feet to a point; thence 552-13-31 E - 67.39 feet to a point; thence S55-02-41E - 91.44 feet to a point; thence S53-20-09E - 35.00 feet to an iron e)iVe set; thence S37-14-IOW - 15.00 feet to the point of beginning. Containing .............. 0.154 acre, more or less. Scn•naary description of Parcel B Bvtjinning at an iron pipe set in the dedicated line of the boundary along State Route #735 end about 266 teet southeast of the intersection of said Route #735 with State Route + 637; thence rt.nning with said dedicated line N53-20-09W - 35.00 feet to a point; thence N55-02-41W - 91 .44 teet to a point; thence N52-13-31W - 67.39 feet to a point; thence N45-21-49W - 27.75 feet to a point; thence N39-49-33W - 42.79 feet to a point; thence N30-20-51 W - 27.32 feet to point; thence N14-53-06W - 37.47 feet to a point; thence NO2-16-OOW - 57.69 feet to a point; tl.cnce NO2-04-06E - 92.80 feet to a point; thence N06-52-21E - 76.87 feet to an iron pipe set; Offence leaving said dedicated line and making three new lines through Judy's other land S79-50-IRE. - 352.67 feet to an iron pipe set; thence S49-25-OOE - 133.00 feet to an iron pipe set; thence S37-14-10W - 382.63 feet to the point of beginning - Containing ............. 3.006 acres, more or less. Y 13:4 A MZ32.-1:C:{ CJJ.iTY, SCT. T is irstr.:nient A wz►ting was produced to me on the and w:tii carliAzala of dcka:)wl.idg.meat thereto anna cal ,Vis a3cn.l.;d t-a r -cord. 1'a { ".,, j,;3 al uzr 3 sc. Jcs• o 4.1 of $�_C�_, and 5--54 have been paid, if a.se:s.,b:e. L(-.,I /Cleik. REQUEST FOR CUP COMMENTS Frederick Winchester Health Department ATTN: Herbert L. Sluder, Sanitation Engineer P.O. Box 2056, Winchester, Virginia 22601 (.703 ) 667-9747 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Earl F. Judy and Peggy Ann Judy, Route 1 Box 112 Steaens CitjT Virginia, 22655 703/869-2737 - Name of development and/or description of the request: Conditional Use Permit request for Cottage sa do /Pffilic Garage to ena1,1P Applicant to sell parts for recreational vehicles for off -site installations as well as repair and installation of parts of recreational vehicles on -site. Location: 3.006 acres, Intersection of Route 735 and 637 South of Stephens City. in opequon Magisterial District, Frederick County, Virginia Health Department Comments: l Health Signature and Date: (NOTICE TO HEALTH DEPT. - PLEASE RETURN THIS FORM 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 a copy of your application form, location map and all other pertinent information. PETER K. MCKEE (1934-1967) BENJAMIN M.BUTLER STEPHEN G.BUTLER MIcHAEL L. BRYAN MCREE A.ND BUTLER ATT08NEYS AT LAW 11 SOUTH CADTERON STREET P. O. DRAWER 2097 WXNCHESTER,VIRG1W.TA 22601-1297 September 18, 1990 Mr. Robert B. Watkins Frederick County Department of Planning and Zoning 9 Court Square Winchester, Virginia 22601 Re: My File No. 6642 Cottage Occupation/Public PJ's RV Parts and Service, Dear Bob: .AREA CODE 703 TELEPHONE 662-3486 FAX 703-722-37$7 PLEASE REPLY TO: P. 0. DRAWER 2097 Garage - Conditional Use Permit Inc. As you may remember, there has been some confusion from within the staff as to the acceptability of a conditional use permit for a cottage occupation/public garage for the property of Earl F. Judy, et ux, located on Route 735 in Opequon District, Frederick County, Virginia (d/b/a PJ's RV Parts and Service, Inc.). Initially, there was some concern among the staff about a cottage occupation involving the off -site sales of motor vehicle parts. Ronald Lilley indicated that this not be accepted by letter dated June 27, 1990. Subsequently, I received the go ahead from your staff concerning this matter, and was advised to go ahead and file the application as drafted. Thereafter, by letter dated August 27, 1990, Ronald Lilley again advised that your office would not accept an application for a cottage occupation of this nature. Please give this matter your consideration and advise as to your position at your earliest opportunity. MLB/clh cc: Mr. Mr. Mr. and Mrs. Earl F. Judy John Riley Kenneth Y. Stiles COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 HAND DELIVERED August 27, 1990 Michael L. Bryan McKee and Butler, Attorneys at Law 11 South Cameron Street P. O. Drawer 2097 Winchester, Virginia' 22601-1297 Re: Your file no. 6642 PJ's RV Parts and Service, Inc. Dear Mr. Bryan: I am responding to your letter of August 23rd on behalf of Kris Tierney. There are some problems with the proposed Conditional Use Permit (CUP) application you submitted on behalf of the Judys. As my letter to you of June 27, 1990 explains, the repair of RVs and sale of parts and accessories associated with repair would fit the CUP - allowed use of "public garage," but the retailing of RV parts and accessories not associated with on -site installation is not an allowable use witha CUP. Again, "cottage occupation" allows for occupations customarily associated with a dwelling unit and incidental to the use of the dwelling unit for residential purposes, which does not include the selling of parts for recreational vehicles. Such retailing is only allowed in the B-2 (Business General) and B-3 (Industrial Transition) zoning districts. Therefore, this office will not accept an application for a cottage occupation of this nature. Your reference to proffers belies some confusion about how proffers are supposed to work. In general, proffers are freely -offered (theoretically not' prompted by local government officials) amenities that help offset the public costs of certain developments, as part of a rezoning request. It is not appropriate to employ them for CUP requests. My letter of June 27th mentions typical conditions recommended for public garage operations. While it is helpful to explain how a proposed business would try to assuage expected concerns, it is not necessary to offer concessions. The Planning Commission and Board of Supervisors apply whatever conditions they feel are appropriate for such uses. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 Michael L. Bryan August 27, 1990 page 2 Once again, I trust this provides what you need to know for meeting your client's needs. I remain available if you have any questions about this. Sincerely, 4 �Rona�dA. Lill Zoning Inspect r COUNTY of FREDERICK Department of Planning and -Development 703/665-5651 FAX 703/667-0370 June 27, 1990 Michael L. Bryan McKee and Butler, Attorneys at Law 11 South Cameron Street P. O. Drawer 2097 Winchester, Virginia 22601-1297 Re: Your file no. 6642 PJ's RV Parts and Service, Inc. \. Dear Mr. -Bryan: I am responding to your letter of June 25th on behalf of Kris Tierney. The Judy's property (tax map 92, parcel no. 77A) is zoned RA (Rural Areas). In the RA district, both cottage occupations and public garages may be allowed with a Conditional_Use Permit (CUP). The selling of parts for and the repair of recreational Vehicles (RVs) does not meet the definition of cottage occupation under the zoning ordinance, in that it is not an occupation customarily associated with a dwelling unit and incidental to the use of the dwelling unit for residential purposes. The repair of RVs and sale of parts and accessories associated with repair would fit the CUP - allowed use of public garage. However, the retailing of RV parts and accessories not associated with on -site installation does not fit as an allowable use with a CUP. Such retailing is only allowed in the B-2 (Business General). and B-3 (Industrial Transition) zoning districts. Staff recommendations for conditions on public garage uses generally include that all repair work take place entirely within an enclosed structure, that all exterior storage of parts and equipment be screened from view of surrounding properties by an opaque fence or screen at least five feet in height, that the number of vehicles awaiting repair be limited (five is a typical limit)- and that such vehicles are screened from view, and that hours of operation.are limited (nighttime and Sunday operations may be disallowed). CUP applications are available at this office. There is a $75.00 application fee and a refundable $25.00 deposit for a CUP sign. CUP applications are heard by the Planning Commission on the first of their two monthly meetings and then, generally three weeks 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 Michael L. Bryan June 27, 1990 Page 2 later, by the Board of Supervisors. The next available Planning Commission hearing is August 1, 1990-and the application deadline for that meeting is the close -of -business on July 6, 1990. I trust this provides what you need to know formeeting .your client's needs. Feel free to call me if you have'any questions about this. Sincerely, �.�.f4. Ronald A. ill Zoning Inspec r MCKEE AND BUTLER ATTOENEYS AT LAW 11 SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHESTEH, V1RG1NrA 22601 -1297 PETER K. MCHEE (1934-1967) AREA CODE 703 $ TELEPHONE 662-3486 ENJAMIN M.BUTLER FAX 703-722-3767 STEPHEN G. BUTLER MICHAEL L. BRYAN June 25, 1990 PLEASE REPLY TO: P. 0. DRAWER 2097 HAND -DELIVERED Kris C. Tierney, Deputy Director Department of Planning and Zoning County of Frederick 9 Court Square Winchester, Virginia 22601 Re: My File No. 6642 Home Occupation PJ's RV Parts and Service, Inc. Dear Kris: I have recently formed a corporation for Earl F. Judy who is acting as President of PJ's RV Parts and Service, Inc., a Virginia Corporation. This corporation intends to sell parts for recreational vehicles out of an existing garage and, further, to repair such vehicles at his home located on 3.006 acres on Route 735 in Opequon Magisterial District, Frederick County, Virginia. I would assume that this property is located in an agricultural zone. I enclose herewith a copy of the deed whereby Mr. Judy and his wife acquired this property. In terms of future expansion, Mr. Judy may well wish to erect a 40' by 50' building to facilitate repairs on these recreational vehicles. I would assume that this matter falls under the definition of a Cottage Occupation under Section 18-1-330 of the Frederick County ordinance. Mr. Judy and his wife would initially constitute the sole operators of the business and would, of course, continue to reside in their home located on this property. I would also assume that this matter must be heard by the Planning Commission and Board of Supervisors before a Conditional Use Permit can be issued allowing this Cottage Occupation use of the property. Please review the same and let me know if, in fact, the foregoing is correct and, further, your thoughts as to what the staff recommendation will be in this matter. � 2 6 19so ` D Kris C. Tierney, Deputy Director Page Two - June 25, 1990 Your prompt response will be greatly appreciated. MLB/ t Enclosure as Stated LAM OFFICES LARRICK AND WHITE w1m CNESTER. VIRGINIA #3445 LOIS M. JUDY TO .. .. DEED 'EARL F. JUDY, ET UX ecll,� 4(')5 tas: 545 THIS DEED, made this day of . 1976, between Lois M. Judy, widow, of the one part, hereinafter called the Grantor, and Earl F. Judy and Peggy Ann Judy, his wife, of the other part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other valuable con- sideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey with General Warranty of Title unto the Gran tees, in fee simple as tenants by the entirety, with survivorship as at common law, together with all rights, privileges and appur- tenances thereto belonging, all of that certain lot or parcel of land lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 3.006 acres, and more par- ticularly described as parcel "B" on the plat and survey of R. J. Morris, C.L.S., dated October 12, 1976, attached hereto and by this reference made a part hereof as though set out in haec verbs, and being a portion of the same property conveyed to Robert K. Judy and Lois Judy, as joint tenants with survivorship as at com- mon law, by deed from Martha E. Barrow, et al, dated March 29, 1958, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 252, at Page 132. Robert K. Judy died testate on July 24, 1974, survived by Lois M. Judy, his widow. it is intended that Parcel "A", described on said plat as containing 0.154 acre, will be dedicated to Frederick County, Virginia, as a right of way. This conveyance is made subject to the legally enforceable restrictive covenants, conditions, building lines and rights of �b LAW ornccs II IARRICK AND UNITE WINCHESTER. VRBIMIA way of record,• if any, affecting the aforesaid realty. The Grantor covenants that she has the right to convey said realty to the Grantees) that the Grantees shall have quiet.posses- sion thereof, free from all encumbrances; that she has done no act to encumber said realty and that she will execute such further assurances thereof as may be requisite. • (SEAL) ,Lo's M. Judy Jc� ) STATE OF VIRGINZA, COUNTY OF FR/EDDERICK, to -wit: I, Uc•��.�_ ��//.o�,���, a Notary Public of and for the State and County, aforesaid, do certify that Lois M. Judy, whose name is signed to the foregoing instrument, bearing date on the ,,day of 1976,has acknowledged the same before me in my State and County aforesaid. Given under my hand this -J V day of _ �,—�,T�-Z 1976. My commission expires ary Public I 54.E 0-1- 64o� • z� Sum• s G,J• N . tlON o `9 -�A Ca o 1 ) 41 y' = •�r�:i' � pry/ .;'Y.. cop'-.. Inai w.: �� �� �.� ,�•ic�''�� c J:�l,/�.''•Or r�il''l! Qi ��•.."' //,�f.��'.��_ � >' / �i? G��rQU!'�cr'4� 'ro O�c LY VARIANCE APPROVED 20 OCT, /07:5 la. Oct/�, i.:�i6• C ' 1. Ronald Berg. Deputy Zibdivision A ministrator �r �a5 F,�1. 548 Iz. 11. tO. 11..N Vrl _ PHONE 477•3710 I Boundary description of Parcel A. Beainninq at a point in the eastern boundary line of State Route N 735 and about 266 feet sovt►,east of the intersection of said Route #735 with State Route 0637; thence running with the eastern boundary line of said Route #735 N53-20-09VV - 34.41 feet to a point; thence N-,5-02-41W - 91 .27 feet to a point; thence N52-13-31W - 69.20 feet to a point; thence N 45-21-49W - 29.41 feet to a point; thence N44-38-1 l E - 5.00 feet to a point; thence N37-:9-38W - 42.97 feet to a point; thence N30-20-51 W - 29.95 feet to a point; thence N1.1-53-05W -41 .36 feet to a point; thence NO2--16-OOW-')8.07 feet to.n-point; thence N07-04-06E - 93.17 feet to a point; thence N06-b2=21 E - 78.28 feet to a point; thence leaving the existing right of way line and making new lines through ,Judy S79-50-18E - 10.00 feet to an iron pipe set; thence S06 52-21W - 76.87 feet to a point; thence S02-04-06W - 92.80 fee, to a point; thence S02-16-OOE -57.69 feet to a point; thence S14-53-06E - 37.47 feet to a point; thence S30-20-51E - 27.32 feet to a point; thence S39-49-38E -42.79 feet to a point; thence S45-21-49E - 27.75 feet to a point; thence S52-13-31 E - 67.39 feet to a point; thence S55-02-41E - 91.44 feet to a point; thence S53-20-09E - 35.00 feet to an iron uiM set; thence S37-14-IOW - 15.00 feet to the point of beginning. Containing .............. 0.154 acre, more or less. °ot•ndary description of Parcel B Beginning at an iron pipe set in the dedicated line of the boundary along State Route #735 and about 266 feet southeast of the intersection of said Route #735 with State Route �637; thence running with said dedicated line N53-20-09W - 35.00 feet to a point; thence N55-02-41W - 91.44 feet to a point; thence N52-13-31W - 67.39 feet to a point; thence N45-21-49W - 2.7.75 feet to a point; thence N39-49-38W - 42.79 feet to a point; thence N30-20-51 W - 27.32 feet to point; thence N14-53-06W - 37.47 feet to a point; thence NO2-16-OOW - 57.69 feet to a point; thence NO2-04-06E - 92.80 feet to a point; thence N06-52-21 E - 76.87 feet to an iron pipe set; thence leaving said dedicated line and making three new lines through Judy's other land S79-50-1PE. - 352.67 feet to an iron pipe set; thence S49-25-OOE - 133.00 feet to an iron pipe set; thence S37-14-10%V - 382.63 feet to the point of beginning. Containing ............. 3.006 acres, more or less. Y-i 3:.d A F.iZD,.1:Cz CJJ.ITY, SCT. T is irstr.:n:ert writing was produced to to me on the d y of U_ , 19_ 1_(L2 , at P and wAd carli.i :;rta of ac ,i:)wl.-dg:neat thereto anna cal v.Ls adni,t.:d to r.cord. 1'a "a.);,331 u)r S.:c. jd-a4.l. of $_Q , and 5--54 have been paid, if a;se:s.d)1e. 1 / �� Cleik.