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HomeMy WebLinkAbout09-93 Marshall A Ritenour - Shawnee - BackfileCUP TRACKING SHEET (To be completed by Frederick Co Staff only.) Owner/Applicant Application Date XX Fee Paid Sign Deposit xx CUP # 009-93 O. . : August 6, 1993 yes initials: g11 yes Sign return date: Submittal Cut -Off Date August 6, 1993 P/C Mtg. date: q/l/93 BOS Mtg. date:10/13/93 AGENCY REVIEW COMMENTS V VDOT V/-"— Inspections J,Z— Fire Marshal !/ _Z Health Dept. Airport Authority City of Winchester Co Sanitation Authority PLANNING COMMISSION RECOMMENDATIONS OF &'19'9a (date) APPROVAL (WITH CONDITIONS) '� yes no DENIAL Signed ,Secretary Date f7� BOARD OF SUPERVISORS PUBLIC HEARING ACTION � /yam (date) APPROVAL ) Signed Q/. - ,County Adm. aDENIAL Date �_11 Z (�� -Iqqw- RECEIPT N? 023860 AMOUNT DUE "-, AMOUNT PAID :c .' BALANCE DUE PAID t %_CASH `-I CHECK J OTHER FREE' r' '71'NNING AND DEVELOPMENT P.O. BOX bui, !'6, ,:,; 71J__'0iV 'IT. WINCHESTER, VIRGINIA 22601 RECEIVED FROMV I \a ADDRESS 7 Z, � THE SUM OFLCJ-�� FOR 1 -_5 -C DATE L BY 11 . .if"I RE -ORDER Nor 3221 - Printed in USA snw:.wxr-.:b..�.,atv,�:+.. �?i.:;:xca:n;,�.t�eata3^ .u:a...,s,e�.1• COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 MEMORANDUM TO: Finance Department FROM: Denice Cather, Clerk Typist SUBJECT: Return Of Sign Deposit DATE: November 1, 1993 The amount of $25.00 was deposited in line item #10-1911-08 for the person named below as a deposit for a sign. They have now returned the sign and are therefore entitled to the return of their deposit. Please send a check in the amount of $25.00 to: Marshall Ritenour Ritenour Fencing 1227 Fairfax Pike White Post, Virginia 22663 (,(,(--\ -- (. (q3 Please contact me if you have any questions. DRC/gll 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 *�D Y-X-e-, Zvi i +i I October 28, 1993 Mr. Marshall A. Ritenour 1227 Fairfax Pike White Post, Virginia 22663 Dear Mr. Ritenour: COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 27, 1993. Your conditional use permit, #009-93, was approved for a cottage occupation - fencing contracting. This property is located on the north side of Fairfax Pike (Route 277), east of Stephens City, in the Shawnee District, and is identified as PIN 86-A-167. This use has been approved provided the following conditions are complied with: 1. Hours of operation shall be restricted to between 7:00 a.m. and 7:00 p.m., Monday through Saturday. 2. All cutting and assembly of materials shall be done within the completely enclosed building. 3. Any materials stored outdoors shall be completely screened from view with a solid fence. Outdoor storage shall be limited to 120 square feet. 4. Parking for off -site employees shall be limited to three vehicles, which must be kept behind the residence. If you have any questions regarding the conditions placed upon your permit please feel free to call this office. Sincerely, Ronald A. Lilley Planner II RAL/slk cc: Natalie C. Miller, Commissioner of Revenue 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 P/C Review Date: 9/01/93 P/C Review Date: 10/06/93 BOS Review Date: 10/27/93 CONDITIONAL USE PERMIT #009-93 MARSHALL A. RITENOUR Cottage Occupation Fencing Contracting LOCATION: On the north side of Fairfax Pike (Route 277) 2-1/2 miles east of Stephens City. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER 86-A-167 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) Land use - residential ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) Land use - residential and vacant PROPOSED USE: To operate a fencing contracting business out of the attached garage. REVIEW EVALUATIONS: Virginia Department of Transportation: Location is adequate for an entrance. Fire Marshal: Access to all structures must be maintained at all times. Approval of this CUP should have no significant impact on Fire and Rescue resources. The applicant must be informed that burning of construction debris is not permitted on this site at any time. Inspections Department: Building shall comply with the Virginia Uniform Statewide Building Code and Section 303, Use Group B (Business) of the BOCA National Building Code/1990. Other codes that apply are title 28 Code of Federal Regulation, Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. Permit required Page 2 shall be change of use on building or section of buildings used or visited by the public. Health Department: Approval of proposal with no increased water flow. Planning Department: This use would qualify as a cottage occupation as long as it is carried on wholly within the residence/garage and is not carried on at this location by more than one person other than members of the family residing on the premises. The applicant has asked if it would be possible for any fencing materials to be stored outdoors if they are screened from view and if it would be possible to allow off -site employees to park their vehicles at the applicant's residence. Staff advised that these questions could be addressed by the Planning Commission. There are other residences on the properties immediately to the west of this property which could be somewhat impacted by this cottage occupation, so it is important to apply conditions that will insure against undue impacts to those properties. STAFF RECOMMENDATIONS FOR SEPTEMBER 1, 1993 PC MEETING: Approval, with the following conditions: 1.' Hours of operation shall be restricted to between 7:00 a.m. and 8:00 p.m., Monday through Saturday. 2. All cutting and assembly of materials shall be done within the completely enclosed building. 3. Storage of materials and parking for off -site employees shall be limited as prescribed by the Frederick County Planning Commission. PLANNING COMMISSION ACTION OF SEPTEMBER 1, 1993: Tabled for 30 days to allow Commissioners to visit the site. Concerns were raised about such a business being able to operate within the necessary limits, including the proposed limits on the hours of operation. STAFF RECOMMENDATIONS FOR OCTOBER 6, 1993: Approval, with the following (revised) conditions: 1. Hours of operation shall be restricted to between 7:00 a.m. and 7:00 p.m., Monday through Saturday. 2. All cutting and assembly of materials shall be done within the completely enclosed building. Page 3 3. Any materials stored outdoors shall be completely screened from view with a solid fence. Outdoor storage shall be limited to 120 square feet. 4. Parking for off -site employees shall be limited to three vehicles, which must be kept behind the residence. PLANNING COMMISSION ACTION SUMMARY OF OCTOBER 6, 1993: Planning Commissioners noted good progress with screening from adjoining residence. Also, good progress was noted on agreements regarding parking for employee vehicles and the hours of operation. PLANNING COMMISSION RECOMMENDATIONS OF OCTOBER 6, 1993: The Commission unamiously recommended approval with the following conditions: 1. Hours of operation shall be restricted to between 7:00 a.m. and 7:00 p.m., Monday through Saturday. 2. All cutting and assembly of materials shall be done within the completely enclosed building. 3. Any materials stored outdoors shall be completely screened from view with a solid fence. Outdoor storage shall be limited to 120 square feet. 4. Parking for off -site employees shall be limited to three vehicles, which must be kept behind the residence. 21-19-5 19-1-360 COTTAGE OCCUPATION - An occupation or profession customarily carried on in a dwelling unit or an accessory building; which: 19-1-360.1 Actually is carried on wholly within the principal residential building or an accessory building or structure; and 19-1-360.2 Is carried on by no more than one (1) person other than members of the family residing on the premises; and 19-1-360.3 Is clearly incidental and secondary to the use of the dwelling unit for residential purposes. 19-1-370 COUNTRY GENERAL STORE - A retail business allowed where specified in the rural zoning districts which sells groceries along with a variety of other retail goods. 19-1-380 DAIRY - A commercial establishment, for the manufacture and sale of dairy products. 19-1-390 DAY CARE FACILITY - A facility in which more than five (5) children, not including children who are related by blood, marriage or adoption to the people who maintain the facility, are received for care, protection and guidance during only part of the twenty-four (24) hour day. 19-1-400 DEMOLITION - Complete or partial disturbance dismantling or taking down of a structure or site by human effort. 19-1-410 DENSITY - The number of dwellings per area of land. 19-1-420 DEVELOPER - The legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land. 19-1-430 DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. 19-1-440 DIRECTOR OF CODE ADMINISTRATION - The director of the Frederick County Inspections Department. Rev. 8-12-92 •='�J'�I • L � i tii� 'T Y contracting. w w .w.a 6al .a m3469-4642 COMMERCIAL ® FARM RESID,.ENTIAL 1� FREDERIC000UNTY DEPARTMENT OF PLANG VIOLATION OR COMPLAINT LOG SHEET 41. '''' �2E1� WI f� �IW�1EiQ� Owner/Occupant: IL (, (T OC1 Zoning: <? Address: 1227 f itl et " k Property GPIN:� I�p Subdivision complainant:_W- 4 \dlb 1jE*J Address: 1,2z2 - «A-E -X�'t K� Telephone: (Home)(Work) E Our�►/gsP.` TDY �Jc'SSc'�Jeovr Date: Time: --o Recd.By:� Directions to Property "2:77 i -- "&YZ' i t4 .S t `l) Nature of Complaint or Violation Action Taken: Follow Up Inspection: Follow Up Inspection: Follow Up Inspection: T Follow Up Inspection: r ;Preliminary Hearing Date: Verdict: Compliance with Court Decision Date: Trial Date: Submittal Deadli P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA y©9-93 1. Applicant (The applicant if the ✓ owner other) NAME: AU 9SNA4 L 4, % xr-9-w o ct R ADDRESS: /.2.t 7 F-4SRFFAX P=KE GJNrrF PosT !/�+ 22663 TELEPHONE (7o3) r47 - SL( trCz 2. Please list all owners, occupants, or parties in interest of the property: C,fT-S rAl- Z .Ps rAf-,vo cc0- - car cj� 3. The property is located at: (please give exact directions and include the route number of your road or street) /2 27 FA-TR FI X &ger (of-s'T-ArE r'/rcown Al- AloRTN ERN SXX-r T (LLocAreW 8E4S3;,E &AAA C f- WSTN Axm. !/FN.tec.CSl ' 4. The property has a road frontage of 9/ feet and a depth of 701 feet and consists of j, �r acres. (Please be exact) 5. The property is owned by as evidenced by deed from recorded (previous' owner) Locc%5/d,'•+l %'Ley ,/R. in deed book no .-T2-on page (,, 3,p, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14-Digit Property Identification No. Magisterial District S A Current Zoning fZA. lzUgAt- 7. Adjoining Property: USE North o East Tes—rweE South TEsSI)6ae-6 West—Resr.-nx-,VC-F ZONING 'R 4 L4!E6 R 0498) r )— A9W R (6G A= 0 0 8. The type of use proposed is (consult with the Planning Dept. before completing) CoT T�(aE CX',GV�f�T t o N -- FEt,1Gl NCa GoN � R-�.�' t NCst 9. It is proposed that the following buildings will be constructed: MtJE 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides, rear and in front of (also across street from) the property where requested use will be conducted. (Continue.• on back if necessary.) These people will be notified -by mail of this application: (PLEASE LIST COMPLETE 14-DIGIT NUMBER.) NAME �t/�=ss�L ?oaT, �"u:�/ �d✓ Address B 6 X Property ID# Address &n //'a// JTAC?_�' &A elAe 6 7T.5'rz.w.N%�, S Property ID# Fi«To.✓j A2rNuR N. C,ve.: Address RT ,2 7 ox 113 Property ID# Address el_'V R*fe Ae fRE'-, C u Property ID# Address�Z4 5 �o SCE;25) C, Property ID# Address Property ID# 12. Additional comments, if any: �� ,�,'�Ry �s�r' q--hleklwe As J%X Ar j&jrydFu tdoccL,D J?j- aocRxXcF A/mg . Arr AIPXK XA ?%r/E Apia 6-sro,"am.r fir TNEr"S1e A�X=6-n1CC eCC.4XZo, f I. y X 89.S4:D P..rckErr F VcF .AEG r�O.w' Lv TiyE &s'AR A G F , OR /44 Z A.tve To Cur o47e xts . OR S',�cE nK (:yA.xy laC ✓�e ,a,a o.a FAAI"e.r. AXd V6,VE X.y Y, , A,4,04 S,"E Xwy-6,.yrmerez ear I`'1EQu.XRer TE.r, ro nceg 4ud a mr7dCrs (09 A.�o u,v r mF M,4 roXx,4 a frjvO r 47- Lmc,4 :o ,t7 INVo r Px a, v GlP A,v? ,a 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 s7l . A/ Owners' Telephone No. Cyb3�_�Gs.x9Q8 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: ,/14 .z ze o/ k)CF-. A�G"e �s- i L� Nola S E �W2 jJA ,vL V� f I N SrrortilGE .�Ks�ai.✓6 usEa DyOw,veR 'hoc Kr,v v6'l S.mAtc .Swcz KSeD (3y Ow.i&/Z CUP #009-93 PIN # 86-A-167 MARSHALL RITENOUR FREDERICK COUNTY LOCATION MAP 3 PUBLIC HEARINGS Conditional Use Permit #009-93 of Marshal A. Ritenour for a cottage occupation to operate a fencing contracting business. This property is identified as PIN 86-A-167 and is located on the north side of Fairfax Pike (Route 277) 2 1/2 miles east of Stephens City in the Shawnee District. Action - Tabled for 30 Days Staff member, Ronald Lilley, stated that this use would qualify as a cottage occupation as long as it was carried on wholly within the residence/garage and was not carried on at this location by more than one person other than members of the family residing on the premises. Mr. Marshal A. Ritenour, the applicant, came forward to answer questions from the Commission. Mr. Ritenour asked if it would be possible for fencing materials to be stored outdoors if they were screened from view and if it would be possible to allow off -site employees to park their vehicles at the his residence. Mr. Ritenour said that his subcontractors have 2-3 vehicles at the most, in addition to his personal vehicles (5-6 at the most). He added that his son-in-law works in the office. Vice Chairman Marker called for anyone in the audience wishing to speak either in favor or opposition. Mr. Jerry Bowen, co -occupant of the adjoining Nesselrodt (owner) property, came forward and said that he would not be opposed to the CUP if Mr. Ritenour would keep everything contained within the garage, but he felt this was impossible. Mr. Bowen said that there are two dual -wheel trucks and two flat-bed stake trucks on the premises, numerous employees are in and out consistently, assembly of fencing materials takes place outside, and the hours of operation varies from 7:00 a.m, to 8:00 p.m. any day of the week. Mr. Bowen felt that his residential property would be devalued by Mr. Ritenour's operation. The Commissioners were concerned about the impact of the business on adjoining residential properties. They were concerned about Mr. Ritenour's ability to contain the business,. since it was such a heavy operation to be classified as a cottage occupation and because of the narrow shape of the lot. They informed Mr. Ritenour that all equipment and materials must be stored inside or screened from view per requirements in the zoning ordinance. They also felt that the hours of operation would need modified. Mr. Thomas moved that the Commission table the application for 30 days to allow time for the Commissioners to visit the site. This motion was seconded by Mr. Light and approved by the Commission. (Mr. Golladay abstained) 0 0 4 BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby agree to table Conditional Use Permit #009-93 of Marshall A. Ritenour for 30 days (until October 6, 1993) in order to give the Commissioners time to visit the site. Rezoning Application #002-93 of the Unimin Corporation to rezone 211.5 acres from RA (Rural Areas) to EM (Extractive Manufacturing) for the operation of silica sand mining. This property is identified by PIN #38-A-14 and is located east of Back Creek Road (Route 704), southwest of Gore, in the Back Creek District. Action - Tabled for 60 Days Staff member, Kris Tierney, reported that the proposed rezoning would result in a total of approximately 950 acres of EM zoned land in the Gore area. He said that the application states that there will be no increase in mining operations as a result of the rezoning, however, the proposed zoning will allow for mining further into the existing sand deposits. Mr. Tierney said that mining operations are regulated by the Division of Mines, Minerals, and Energy (DMME) and the Department of Environmental Quality (DEQ). He said that these two agencies will oversee operations of the mine in terms of worker health and safety, stormwater management, reclamation, and blasting. He added that the DMME requires an Erosion and Sedimentation Plan and a Reclamation Plan as well as bonding to insure reclamation of the site. Mr. Douglas Swift, with Swift & Buchbauer, Attorneys at Law, was the local counsel for the applicant. Mr. Swift introduced Ms. Susan Armentrout, Senior Environmentalist; Andrew Bradley, Corporate Counsel for Unimin Corporation; and Charles Baldwin, Plant Manager. Ms. Armentrout presented a proffer statement from the Unimim Corporation stating that: 1) No active quarrying or direct placement of overburden materials shall occur within 500 feet of either the present location of Route 704 or any currently existing dwelling; and 2) No active quarrying or direct placement of overburden materials shall occur within 100 feet of the present location of Back Creek. The Commissioners had questions on the pit depth in relation to Back Creek. Mr. Baldwin said that they would not mine beneath the water table. Commissioners also had questions on Unimin's reclamation efforts and schedule. Using overhead slides, representatives of Unimin pointed out the areas of the site that have already been reclaimed. Chairman Golladay called for persons in the audience who wished to speak either in favor or opposition to the rezoning. The following persons came forward to speak in opposition: 0 • COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 ell� 4 October13, 1993 TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: MARSHALL A. RITENOUR Conditional Use Permit #009-93 for a cottage occupation to operate a fencing contracting business. This property is located on the north side of Fairfax Pike (Route 277) 2.5 miles east of Stephens City, in the Shawnee District, and is identified as PIN 86-A-167. This conditional use permit application will be considered by the Frederick County Board of Supervisors at their meeting of October 27, 1993, at 7:15 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. This will be a public hearing and any interested parties having questions or wishing to speak will be given that opportunity. Sincerely, Ronald A. Lilley Planner II RAL/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify that *attached correspondence was m' to the following on October 13, 1993 from the Department of Planning and Development, Frederick County, Virginia: Marshall Ritenour 1227 Fairfax Pike White Post, Virginia 22663 Alfred D. Wise 612 Ewell Street Winchester, Virginia 22601 ;Judy Ann Nesselrodt 'Box 32 ,Stephens City, Virginia 22655 Sara K. Rodgers ;202 High Street Hackettstown, N.J.10784.0 Arthur H. Fulton, Inc. RAute 2, Box 1318 Front Royal, Virginia 22630 Alfred C. & Willa G. Clark 1214 Fiarfax Pike White Post, Virginia 22663 I C. Lanier Rodgers 'Box 387 'Stephens City, Virginia 22655 Ronald A. Lilley, Plann II Frederick Co. Planning ept. STATE OF VIRGINIA COUNTY OF FREDERICK I, Renee' S. Arlotta , a Notary Public in and for the State and County aforesaid, do hereby certify that Ronald A. Lilley, Planner II, for the Department of. Planning and Development, whose name is signed to the foregoing, dated October 13, 1993 has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this 13 day of October 1993 My commission expires on August 31, 1995 NOTARY PUBLIC 0 0 i COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 September 22, 1993 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: MARSHALL A. RITENOUR Conditional Use Permit #009-93 for a cottage occupation to operate a fencing contracting business. This property is located on the north side of Fairfax Pike (Route 277) 2.5 miles east of Stephens City, in the Shawnee District, and is identified as PIN 86-A-167. This conditional use permit application will be considered by the Frederick County Planning Commission at their meeting of October 6, 1993, at 7:00 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. This will be a public hearing and any interested parties having questions or wishing to speak will be given that opportunity. Sincerely, Ronald A. Lilley Planner II RAL/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify that t� attached correspondence was ma, to the following on . September 22, 1993 from the Department of Planning and Development, Frederick County, Virginia: I Marshall'Ritenour 4 1227.Fairfax.Pike I White .post, _Virginia' 22663..",, A 16*7', W3.'E', i:, •ALF''RED 1) WIN4:F•IE:::3'Y:F:R VA :,,�;.?EAU 1...'•;;�>�4 fs3 i AN 1. e'z j NF°:;:iSEI..ROD'U'., JURY" 6NN BOX '3 f t y Y 1 1 f ,.•, y f AA '8 T'la:l'�'M'Ik:ENS-C::i:TY, ' VA w F.iii()ixi~:i"ti�3, SARA +K w 4tAt:K�:I'T'w3'C'CIWtJ, +N« - - 8,6 A 4.."its>'' INCi Fi 1 FF ONTROYA131:�3VA .. '22tj I E:#d� A 1.i3.� • (NL..ARK , ALFRED -iN A R W.LI..rL A (Y A 11.214 h'AIRFAX `t-':I:KEK WHITE' F-08T, .VA,- 86 i' Ri7]f)GF::F+ 9-, .'C, w '.4..AN:IEF4 J-X)X 87 F)'T'I».I•''HE-.N9CITY., VA« i STATE OF VIRGINIA COUNTY OF FREDERICK Ronald A. Lilley, Planner II Frederick Co. Planning Dept. I, Renee' S. Arlobta , a Notary Public in and for the State and County aforesaid, do hereby certify that Ronald A. Lilley, Planner II, for the Department of Planning and Development, whose name is signed to the foregoing, dated September 22. 1993 has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this 22 day of September 1993 My commission expires on August 31, 1995 NOTARY PUBLIC i 0 • • • P/C Review Date: 9/01/93 CONDITIONAL USE PERMIT #009-93 MARSHALL A. RITENOUR Cottage Occupation Fencing Contracting LOCATION: On the north side of Fairfax Pike (Route 277) 2-1/2 miles east of Stephens City. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER 86-A-167 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) Land use - residential ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) Land use - residential and vacant PROPOSED USE: To operate a fencing contracting business out of the attached garage. REVIEW EVALUATIONS: Virginia Department of Transportation: Location is adequate for an entrance. Fire Marshal: Access to all structures must be maintained at all times. Approval of this CUP should have no significant impact on Fire and Rescue resources. The applicant must be informed that burning of construction debris is not permitted on this site at any time. Inspections Department: Building shall comply with the Virginia Uniform Statewide Building Code and Section 303, Use Group B (Business) of the BOCA National Building Code/1990. Other codes that apply are title 28 Code of Federal Regulation, Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. Permit required shall be change of use on building or section of buildings used Page 2 or visited by the public. Health Department: Approval of proposal with no increased water flow. PP iinningDepartment-:.__'.This use would qualify as a cottage occupation as long as- it is .carried on wholly within the residence/garage-and '=is not carried°on at this location -by -more than one person other than members of the family -residing on the premises..=_ The- applicant =has- asked- if '--it "'would be possible -for any fencing materials to be stored outdoors if they are screened from view ana if it would be possible to allow off -site employees to park their vehicles -at -the applicant.'s residence. Staff advised that these -questions, -could be- :addressed by the Planning Commission. There are other residences on the properties immediately to the west of --this property which could -be somewhat impacted by this .cottage occupation, so it is important to apply conditions that will insure against undue impacts to those properties. STAFF _RECOMMENDATIONS -FOR SEPTEMBER 1, 1993 PC MEETING•Approval,, with the following.conditions: 1.1 Hours of .operation shall be restricted to between 7:00 a.m. : 00 p . m 1�tonday through Saturday . . and-0 All cutting and 77 assembly.of materials shall -be done within rthe completely. enclosed'building.`. Y3:- Storage of materials and parking for off -site employees shall be limited as prescribed by the Frederick County Planning Commission. (44- rt l� o� frus44, hers is Page 2 or visited by the public. Health Department: Approval of proposal with no increased water f low. Planning Department: This use would qualify as a cottage occupation as long as it is carried on wholly within the residence/garage and is not carried on at this location by more than one person other than members of the family .residing on the premises. The applicant has asked if it would be possible for any fencing materials to be stored outdoors if they are screened from view and if it would be possible to allow off -site employees to park their vehicles at the applicant's residence. Staff advised that these questions could be addressed by the Planning Commission. There are other residences on the properties immediately to the west of this property which could be somewhat impacted by this cottage occupation, so it is important to apply conditions that will insure against undue impacts to those properties. STAFF RECOMMENDATIONS FOR SEPTEMBER 1, 1993 PC MEETING: Approval, with the following conditions: 1. Hours of .operation shall be restricted to between 7:00 a.m. and 8:00 p.m., Monday through Saturday. 2. All cutting and assembly of materials shall be done within the completely enclosed building. 3. Storage of materia nd parking for off -site employees all be limite as prescribed by the Frederick County Plannin n. �/I vl�19,'~f Q .4- ti 61�111I Aye $ ,54a1i is �5 G/.L 0 ,�/� „v\ 5"4, y ✓ ♦ w —) " ") I , S �Cl� COJ. COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 August 18, 1993 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: MARSHALL A. RITENOUR Conditional Use Permit #009-93 for a cottage occupation to operate a fencing contracting business. This property is located on the north side of Fairfax Pike (Route 277) 2.5 miles east of Stephens City, in the Shawnee District, and is identified as PIN 86-A-167. This conditional use permit application will be considered by the Frederick County Planning Commission at their meeting of September 1, 1993, at 7:00 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. This will be a public hearing and any interested parties having questions or wishing to speak will be given that opportunity. Sincerely, Ronald A. Lilley Planner Q RAL/dc 9 North Loudoun Strect Winchester, VA 22601 P.O. Box 601 Winchester, VA 22604 'attached This is to certify that correspondence was mao to the following on A„ g„ s t I R , I (M from the Department of Planning and Development, Frederick County, Virginia: Marshall Ritenour 1227 Fairfax Pike White Post, Virginia 22663 W:C£3F:, ALF'RE'D D 61.2 ;EWF I...1,.. :"S T W:I:Nt.",HEST.L:F1, VA NF::£ SFEL:FWDT, ;sA: DY ANN BOX Z2 VA . £i3s!Y A i.diH RODGE:Fi18, E)ARA 'X . .. i 202 HIGH STREET i 7040.... 't:36 A i.:fi6 , F UL.TON, �AWTIHUR H,. INc„ R T' 2 BOX :i.:3:i.ii3 FFkON'T' RUYAi..., VA f- 6 A .i. C:L.ARK , .AI...F'F' ED A". '4% W:I:L LA G„ WHI're: :F't3w3 Y', VA,. RODGE:R8 , C- L.AN:I fETZ BOX -19 S Y'E:F:'1^1E*.N£:i .£::1TY , VA. Ronald A. Lilley, Planner Frederick Co. Planning ept. STATE OF VIRGINIA COUNTY OF FREDERICK Renee' S. Arlotta I, , a Notary Public in and for the State and Ronald A. Lilley County aforesaid, do hereby certify that a=xAxAVgMt Planner II, for the Department of Planning and Development, whose name is signed to the foregoing, dated August 18, 1993 has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this .18 My commission expires on day of August 1993 August 31, 1995 C /Ap/ Jlw�z 0 Submittal Deadline P/C Meeting BbS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA oce - 4a 1. Apolicant (The applicant if the owner other) NAME: %IAi?SNAGL=rEyocc R ADDRESS: 1Z,Z7 FASRFAX PrKE WyzrFPosr, 4/4 29463 TELEPHONE 544442 2. Please list all owners, occupants, or parties in interest of the property: J _C�rXST7lL CElSc 3. The property is located at: (please give exact directions and include the route number of your road or street) /227 F,4=RFAX &9-6 (AX ArE ,f/rgokjAt Ale 2'r7� p,J ,{/oRTN E74N Sr�E T �R W7s1Es iLoew rfi-V 8f$X31E ai1 RA C !r wr riI .Q R/h 4 vFN.t a [.f,T 4. The property has a road frontage of 9/ feet and a depth of 701 feet and consists of /, acres. (Please be exact) 5. The property is owned by -D WJ '34, as evidenced by deed from 4zq -n .P- r= d-- recorded in deed (previous' owner)Z0C,,-5 book no . �� on page (,, 3� , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14-Digit Property Identification No. Magisterial District SHAWNEE Current Zoning i2A. 1Zvg l{_ 7. Adjoining Property: USE North o East���� South West Res Y.aF',uCF ZONING A (4-6) \ R �] r Ago 1TZ 4 2a Its= ,.gyp' S. The type of use proposed is (consult with the Planning Dept. before completing) Co-rTA&E GLGUt Ar-toN -- FENctW--i CoN fzAc�- NCB 9. It is proposed that the following buildings will be constructed: it/otjC 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides, rear and in front of (also across street from) the property where requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: (PLEASE LIST COMPLETE 14-DIGIT NUMBER.) NAME /t/j ss L o a T Tu:D Address B o x 3 e? Property ID# `OT (G Address :Lo z */ e y sr /C.U 'U /-/; VT Property ID# �ZA FuL.To.t,)j,g2rNe�R 3 mac. Address -/?T -2 .fox 13/8, F2w7 Z'4.11L 11,p -2°3e, Property ID# J'` Address /a/f, Foz,�F Y 7l et WV- 74 o s /' o C'� ,q iZK l4� FxE� v property ID# Address 8 7 S' - Property ID# A /G Address Property ID# 11. Please use this page for your sketch of the property. Show proposed and/or existing structure's on the property, including measurements to all property lines. P.c,q r u.✓,� ��sc� $ LE . S'KErchr o,v .973-,gcvE.z� swee'r ZWAwA) FROM rvFoRn+ A ram.,) oarAxA,;" FR ei►1 �EE7a #2064 ) Boom 56-4*) PAC& 632 q,uD 633 i4c Ko s s 7��t a,� ,4,✓� F�o.v t~ ?o I. S Fh-cr o d WE'sre&,,v Ss7�E� �4.v� 70/ FE-�r oa E,IsrER.,N S's�E . I �� �� ���UNTY OF FREDERICK, VIRGI���� FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No 070 Applicant Name Marshall A Ritenow AUG 1993 Address 1227 Fairfax Pik White Post, VA 22663 DEPT. OF PLANNING Project Name Ritenour's Fencing & ContractingSign Phone No. 703-869-4642 Type of Application C.U.P. Current Zoning R-A 1st Due Fire Co. 11 1st Due Rescue Co. 11 Election District Shawnee RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System X Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate X Inadequate Not Identified Fire Lanes Required; Yes X No Comments: Access to all -----'— structures '------- must be maintained at all times. Roadway/Aisleway Widths; Adequate Inadequate Special Hazards Noted; Yes _ Comments: Not Identified X No X UH —� Hydrant Locations; Adequate Inadequate Not Identified X Siamese Connection Location; Approved Not Approved Not Identified X Additional Comments: 1) Approval of this C.U.P. should have no significant impact on Fire and Rescue resources. 2) The applicant must be informed that burning of construction debris is not permitted on this site at any time. Review Time .25 hrs. Fire Marshal PLANS APPROVED REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Sanitation Authority Attn: Engineer Director P.O. Box 618 Winchester, Virginia 22604 (703) 665-5690 4 AUG 1993 RECEIVE® DEPT. OF PLANNING AND DEVELDPMEW The Frederick County Sanitation Authority is located on Route 522 South, at 199 Front Royal Pike, if you prefer to hand deliver this review. Applicant's name, address and phone number: eu . 7i��`,��,` >2i , ..n== r 713 ) 969 - V4 f<2 Name of development and/or description of the request: ,?kxmxT Ta or—earre Our of iFewr.1c. ,4jov,rzPp-6ja . Location: �o iZTN F R.d SAD E GY' i��0, J T-QT+E �-tfG'N�al � �1 /y� • � i' % _ AB o u T •Z �� ��✓L d�S X54St' OF SATE?NE-tiS ��ry . xy AitQi>ERScpC Sanitation Authority Comments: A 7� Li Sanitation Authority Signature & Da (NOTICE TO SANITATION AUTHORITY% It is your responsibility to complete possible in order to assist the agency please attach a copy of you application other pertinent information. I� vOV44 � Orp ��PLICANT. ) this form as accurately as with their review. Also, form, location map and any REQUEST FOR C.U.P. COMMENTS Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (703) 984-4133 A US 1993 R CE�VED i)EPT,, OF PWAfING AND DEVELGpjWMT The local off ice of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this IL orm . Applicant's name, address and phone number: �ll/!RS'N/it L sTFNoctTZ. /,?.7 i FA,TRFAk AzkCr l�A �.Z6G3 (110 3) r6 f - f eV.Z Name of development and/or description of the request: -?Xrc,yotc'Rs FENc.rMG kva aN7-.e4cr ,y4. JWZ- AM A;'?A f,z a FoR A ONpS TI m .yA c 61sE ?t`R/►s T OPEk,1 TE (rly �tE.srNEsd Dar Dp �o m F Rm /�E•NTt.eJG . E,vr-R,�NcC ,✓F'E.a-f' T �E- C,vEcKE� ocation: NORMW R-0 s t a E of V4 . Vr4 rE ' 1VXaN.JA 5t A/v X 7 7 J48 o u r es i sn rc Es ,'-Asr Q1 SrE?NE�s �'sry FREae�rcK CouNTN . Va. Dept.,of Transportation Comments: Location is adequate for an entrance. VDOT Signature and Date: /.Jv (NOTICE TO RESIDENT ENGINEER*P 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 three copies of your plans and/or application form. } Aw .4 f� j,F951 L REQUEST FOR CONDITIONAL USE PERMIT COMMENTS `�. 7�93 DI Frederick County Inspections Departmentci§ ®0,M r� � Attn: Building Official,, � P.O. Box 601 Winchester, Virginia 22604���ZdZ®Z (703) 665-5650 The Frederick County Inspections Department is located at 9 North Loudoun St., 2nd Floor of the Hammon Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: �*h—RSNA«• A• /-?FrEnl 7 x isKE. &)*r, re �osr.yiQ z2G63 _6703) 869- feGSF-L Name of development and/or description of the request: �?TTE/VOuRS fE,uC,r�Va A,t/� C.Onlr,¢,tcrL✓� �A .rdC Fn� Co✓�=,� v.�►e. GIsE PeRe" zr n op"Arc o k r of /Any7-,,4PER.rS/ dr14BevE lz�vR.Ess. Location: il/o;BrgerR.0 S'j:p6 of 6o. Vrw re 11.rdo A rr Ala . 2 7 7 f Aa a cc7' •Z �z E.s E.os r of Z-j6 'dye*.S Cmry . FRe.Dexzek Cbeuy r v Inspection Department Comments: Building shall comply with the Virginia Uniform Statewide Building Code and Section 303, Use Group B (Business) of the BOCA National Building Code%1990. Other codes that apply are title 28 Code of Federal Regulation, Part 36 Nondiscrimination on the Basis of Disability by Public Accommodati Commercial Facilities. Permit.required shall be change of use on building or section Code Administrator Signature & Date: of buil i s us6d Qr visited by (NOTICE TO INSPECTIONS DEPT. *PLEASE R UR THI ORM TO APPLICANT.) the public. 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. 2, �= s 0 - REQUEST FOR CONDITIONAL USE PERMITS COMMENTSIV Frederick -Winchester Health Department en Attn: Sanitation Engineer WP 'dam P.O.BOX 2 0 5 6 e� zd �` C' IAt �` Winchester, Virginia 22604 Gc4' (703) 722-3480 r �`- The Frederick -Winchester Health Department is located aT` intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form Applicant's name, address and phone number: ;0",4 RS N. I c 14. ;FZ rt .yoK R / 2-Z 7 Fwf rx FA x LtiNX TE ?o. r A�. .?•2GG3 003) Yc?- iF6fi2 Name of development and/or description of the request: 0 C L rr a Di re- OKr or Zrwmi. BkorexT./ gyice' ,er 4*ofie .4,�REss Location: A-0a v eR.0 Ssmt OF oya . S'r a re 11xd lid,vv /Vo . a 77. ; 4aoccr d Xot h,i�Es •E,as r DF S're��E.✓s es r _-4 Health Department Comments:. c Health Signature and Date: 7� (NOTICE TO HEALTH DEPT. - PLEASE'RETURN IS FORM TO AP NOTICE TO APPLICANT 4UG 1993 s�, �Z - A 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.. 632 #2066', ' ALFRED ,D. ,-WISE, ET AL TO: .. 'DEED ALFRED D.-WISE THIS DEED, made and dated ,this . /R' day of 1980, by and between.ALFRED.,D. WISE, divorced, and MARY L. WISE, divorced, parties of the first part, hereinafter called the Gran- tors; and ALFRED D.' WISE,'party of 'the second part, hereinafter called the Grantee.. WITNESSETH:. That 'for and in 'consideration of Ten Dollars ($10.00), cash in hand paid, and other valuable consideration, receipt of which.is hereby acknowledged,'the Grantors do.hereby grant and convey, with General.Warranty of ,Title and -with English Covenants of,4ritle',.unto the Grantee, in fee simple, absolute, all of that certain .lot -or parcel of.land, containing.l 1/2 acres, more or less, together with.all rights, rights -of -way, privileges, the improvements thereon and the appurtenances thereunto belonging lying and being situate along the Northern side of Virginia State Highway No. 277, about 2 1/2 miles East of Stephens City, in Opequon Magisterial District, Frederick County, Virginia, fronting on said highway a distance of 91 feet, more or less, and extending back Northward a distance -of 701 feet, more or less, along its Western side, and:701 1/2.feet, more or less, along its, Eastern side, with a width of .91 feet,.more or less,'in the rear, and bein the same , g. property the Grantors acquired by Deed dated October 31, 1974,.from Lewis Calvin Riley, Jr., et ux,.of record in the Office'of the Clerk of the Circuit.Court of Frederick County, Virginia, in Deed-Book,437 at Page 205. Reference is hereby made to the aforesaid Deed for a further and more particu- lar description of,the subject property., This conveyance is made subject to all easements, rights -of-' way, restrictions and/or conditions of record, if any, affecting the aforesaid realty: The Grantors herein were formerly husband and wife, a Final Decree of Divorce. having been entered by. the Circuit Court of Frederick County, Virginia, on January 8, 1980. 2.090,000 FT Map 20 78*10'00" 2. 100,000 FT R C I 0 1 1= G I t Ir PPP\SON t 644 VINE S� �4f 1/o State p " SOUTHVIEW 9� t O nan v'I ? � Mem a o < R AD LAGE SHE14ANDOAH 2 M H xlt-79 b P 0 it N*, 522 eta CkW4( ¢ c+ 644 - y �i o CANAAN w DGE c Y CAS AOE��'T °OO °Q 5 ar p\\nKe LAKEWO MANOR D Q? PARKINS Z5 a14SC 5 rsf o IEW °Cq °vO r 0 a P o m ATES �p'f.0 sroe � Op WQev �/WAKELAND �t �A� r` oo `ed e MANOR O4F[ •r WAKELAN ESTATE m Macedo 64 °r MACE ONI�7 Sacre Mo Heart artery �.4Cf%`�s tQ��`°s ACRE 64 SOJ�oo 4y QUO° F SUrfo\'A ALBIN a r VILLAGE [OaaIECI]A[F- C IBiN °q 0 636 8 c R KTOWNE p p0�r s 64 It. SLUE RIDGE HEIGHTS r" SHERA s ARMEL r 636 BLUE KINC p LOE * Q p o R+6H RUN ACRE Yj w (a ,I PARK v Cf OAN AV( 12 D 522 :r W THE 77 " .o U q PINES p 4 u a� o w° 3 w a n SANDYS MHP ,•; 36 o U _� 340 O 712300 D 1 u t I r ti H I J K 2.090,000 FT Joins Map 32 78° 10'00" VA GRID 2,100,000 FT G ADC os ALEXANDRIA, INC. 0 1 3 DATE: g TIME: NAME: Rl7-r6NoyK W/ E ADDRESS: 1 22 7 FA I FB�.,X TAX MAP: &Q A - ((0, ZONING: 9A Gv-r-rA I �G. SUBJECT: IN nA51 ,CAE VIOLATION NO: PHOTOGRAPHER: R• L(L-L EQ