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HomeMy WebLinkAbout11-03 Robert M Bayliss TV Digital Dynamite - Gainesboro - BackfileNOTES Date: l /0 C 3 File opened / 1oLo i Reference Manual updated/number assigned Co O 3 D-base updated c� O One location map requested from Mapping Dept. ld e-ft4'c- Four sets of labels requested from Data Processing /2- /0.03 File given to Renee' to update Application Action Summary � o5•az•o5 �.. CLOSE OUT FILE: 1- �Y Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's a File stamped "approved", "denied" or "withdrawn" Reference Manual updated ,Z� o(L D-base updated • 0File given to Renee' for final update to Application Action Summary U.\Carol\Common\Tracking sheets\CUP. TRK Revised 12/19/02 U. Received From ress For • Y. 0111 AMT. OF ACCOUNT AMT. PAID ryg --BALANCF .l - ) - I- - - I j I A - CASH DUE I CREDIT CARD U I I I t 003584 , 71 SHOWN HEREON AND THAT THERE .ARE NO EAS [EXTS OP. ENCROACHriiNTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. LAGERS 735/620 N 44037' 06"Wtrader (1 he Elahed P -- y;&I drfvsvroy O dadt C=) 3S 2' ra I - �'� �r ry shed I CDr 34,559 SO, FT. O� • 4323 0 Ct� N GRAVEL PAWNG AREA d sfgn ' NORTH FREDERICK PIKE VINYTH VARIES I BUILDING LOCAarION SURVEY FURS'TENAU SURVEYING III SOUTH LOUDOUN STREET WINCHESTER. VIRGINIA M404 662-93-2.3 zamo� - c N D X p VJ c © a c o � � n �• �u7t7 c a a (n D D O O a W 0cn 2 1 n 1 0 � V Y G us I W C �� g m' S z 1 s r ¢ s c m 5P m 3vi LAND OF T'QNIE M. WALLAL GAINE560R0 DISTRICT FREDERICK COUNTY, VIRGINIFS DATRoMARCH 17, 199E; SCALtt `" = 40' V DAYiD AL FURSTMW ?�D. 1d53 TM. 30• rA-1IS 3%!?/984 DEW REF. D8. 874 P. 1J94. 41, SUftVE-jUs' Diane Walsh From: Diane Walsh Sent: Wednesday, October 08, 2014 10:51 AM To: Gregory T. Hoffman (Gregory.Hoffman@VDOT.Virginia.gov) Cc: Mark Cheran Subject: Building Location Survey Attachments: Building Location Survey.pdf Greg — Mark asked that I send this attachment to you. Diane L. Walsh Frederick County Planning Department 107 North Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 Fax:540-665-6395 dwalsh@fcva.us Diane Walsh From: Mail Delivery System [MAI LER-DAEMON@co.frederick.va. us] To: Gregory. Hoffman@VDOT.Virginia.gov Sent: Wednesday, October 08, 2014 10:51 AM Subject: Relayed: Building Location Survey Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Gregory.Hoffman@VDOT.Virginia.gov Subject: Building Location Survey Diane Walsh From: Microsoft Outlook To: Mark Cheran Sent: Wednesday, October 08, 2014 10:51 AM Subject: Delivered: Building Location Survey Your message has been delivered to the following recipients: Mark Cheran (mcheran(@fcva.us) <mailto:mcheran@fcva.us> Subject: Building Location Survey m -777 PROP n9`I U UliC4 .,T'i. P 'F q.�.. y. , 4iFL Rom: ._ tt .. l� �* t r sc� N FrrnEesou r" c _ s°C C :\ @€G. 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' S/ae•h.. ...•rr,-e...v't'a, � 3 "��� n?M5p 9*A�•sO 4t� C.0 : .fir. �.S Aerts asr �4 T�Is3 T-- I 17. ; — y; 17 - wo cyv�w,, . ., .. :ivi. n•• n 2Eia� � re•. ie, . _j_ � - 7-7 t I..=__.-_ .a ti y I ' kk • R n 4 ItE COPY 46 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Renee' Arlotta, Administrative Assistant SUBJECT: Return Of Sign Deposit DATE: July 12, 2004 The amount of $50.00 was deposited in line item 43-010-019110-0008 for the person named below as a deposit for one sign for a Conditional Use Permit #11-03 for Robert Bayliss. He has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd Owl, a , off' Robert Bayliss 280 Grannies Lane Winchester, VA 22603 107 North Kent Street • Winchester, Virginia 22601-5000 • Dynamite Digital TV 4323 North Frederick Pike Winchester, Virginia 22603 540-545-8601 Mark Cheran, Due to an illness in the family I will not be able to attend the hearing on Wednesday, January 7, 2004, at 7:00 p.m. I will be leaving for Florida on January 6, 2004 due to this family emergency. Could you please let me know if this hearing could be rescheduled or what would be the best way to handle this? Si7el, Ronald Si pleton • @ Ittal COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL April 28, 2005 Mr. Robert M. Bayliss Sr. 280 Grannies Lane Winchester, VA 22603 RE: 4323 North Frederick Pike; CUP #11-03 for Dynamite Digital TV Property Identification Number (PIN): 30-A-118 Dear Mr. Bayliss: On April 26, 2005, I visited the above -referenced property in response to a complaint regarding violations of Conditional Use Permit # 11-03. My inspection of the site revealed the presence of an inoperable vehicle, illegal signage, and the outdoor display of a carport for sale. In accordance with Section 165-21 of the Frederick County Zoning Ordinance, the Board of Supervisors may revoke a Conditional Use Permit for any violation of the conditions placed upon the Conditional Use Permit. This letter is to inform you that your Conditional Use Permit (CUP) # 11-03 is being scheduled for revocation at a public hearing on June 1, 2005. This action is due to violations of the conditions placed on CUP # 11-03. You will receive further notice from this office in regards to the time and location of this public hearing. Please do not hesitate to contact me regarding any questions that you may have at (540) 665-5651. Sincerely, U.S. Postal Servim. CERTIFIED MAILT. RECEIPT a /e o (Domestic Mail Only; No Insurance Coverage Provided) hers Zoning Administrator LnOFFICIAL• m 0 PRS/MRC/dlw D- Poemge $ V% o Fee O �. cc: Donald Stee leton 4323 North Frederick Pike Winc oo RetumRecieptFee POB P (Endorsement Requred) Here Resdioted DeliveryFee ri (Endorsement Required) - O r-q T°tai Postage & Fees ! $ m o SW ° MR. ROBERT M. BAYLISS, SR. r` ---------- ------. orPOBoxNo. -----____-- 107 North Kent Street, Suite 202 - COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 29, 2004 Mr. Donald Steepleton 4323 North Frederick Pike Winchester, VA 22603 RE: CUP #11-03 for Dynamite Digital TV Property Identification Number 30-A-118 Dear Mr. Steepleton: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on January 28, 2004. Your Conditional Use Permit #11-03 for re-establishing a non -conforming use, was approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County. All improvements shall be installed within six (6) months of CUP approval. All parking shall be in compliance with zoning district standards. 3. No outdoor storage of equipment or materials will be permitted on site. 4. Signage shall be limited to one (1) illuminated free-standing business sign; not to exceed fifty (50) square feet in area and ten (10) feet in height along the frontage of North Frederick Pike (Route 522). Any existing signage shall be removed. 5. Any expansion or change of use will require a new Conditional Use Permit. If you have any questions regarding this action or the site plan approval process, please feel free to call this office. Sincerely, Mark R. Cheran Planner I MRC/bad cc: 'Gary W. Dove, Gainesboro District Supervisor ,-Commissioner of Revenue one _ nderson, Real Estate em: George J. Kriz and C�*les E. Triplett, Gainesboro Planning Commissioners 107 North Kent Street - Winchester, Virginia 22601-5000 r ~ jf, .�syutly+.t. ---- r- —� ..�..�. r d dab •awwasaw"ml- Odk%00*- I NOW" IMU 11 SopF c g com DVNAMfTE piCiTAI TV. P- -" ��� � u Aer 14 7 -MOW I LF 2W.4 4 { �` " ' r ► ' 7> is r a r ,tit lk .2M WF F I % ". -1 ff.* — Jw 17 AMR 1- .• q "` /j �1 r }a� YYY k ;� � •Y r . =� •� �►�' ��� ��� ^ '�''�!' � �,�,„''� '' .. s '1► . ��, �" _ 1 � -` s '� r ..fit � y_ As R �•; ♦ mil', (a '" � . i ����r.�. _ Cps CONDITIONAL USE PERMIT #11-03 w4 U DYNAMITE DIGITAL TV (ROBERT BAYLISS) Staff Report for the Board of Supervisors Prepared: January 13, 2004 °me Staff Contact: Mark R. Cheran, Planner I This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 01/07/04 Recommended Approval Board of Supervisors: 01/28/04 4�R4"g Ji,%/,;e0 Ve% LOCATION: This subject property is located at 4323 North Frederick Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30-A-118 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Business ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Vacant and Residential PROPOSED USE: Re-establishing a legally non -conforming use of lesser impact: TV Satellite (Dish) Network Sales Office. REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 522 the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. C.U.P. #11-03 Dynamite Digital TV (Robert Bayliss) Page 2 Inspections Department: See attached comment sheet Fire Marshal: Plan approval recommended. Health Department: Health Department has no objection to request. Planning and Zoning: This application is in response to a zoning complaint that staff received. The applicant was cited for re-establishing anon -conforming use without obtaining a Conditional Use Permit(CUP). This property was been used as a restaurant as early as the 1970's and as late as 2001. The proposed use for satellite T.V. network office would be a lesser impact on the surrounding community than a restaurant use. In accordance with Section 165-150 of the Frederick Zoning Ordinance, a legally non- conforming use that has been discontinued due to abandonment may be re-established by obtaining a Conditional Use Permit (CUP). This proposed office use will have only three (3) employees on site and two (2) business vehicles associated with this use. There will be no retail activity located on site. The customer base is managed over the telephone, with no more than five (5) customers at any one time on site. Staff would recommend that any new signage be limited to one (1) illuminated free standing business sign, not to exceed fifty (50) square feet in area, and ten (10) feet in height along the frontage of North Frederick Pike (Rt. 522). STAFF CONCLUSIONS FOR THE 01-07-04 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County. All identified improvements shall be installed within six (6) months of CUP approval. All parking shall be in compliance with zoning district standards. 3. No more than five (5) customers at any one time allowed on site. 4. No outdoor storage of equipment or materials will be permitted on site. 5. No more than two (2) business vehicles allowed at this site. 6. Signage shall be limited to one (1) illuminated free standing business sign; not to exceed fifty C.U.P. #11-03 Dynamite Digital TV (Robert Bayliss) Page 3 (50) square feet in area and ten (10) feet in height along the frontage of North Frederick Pike (Rt. 522). Any existing signage shall be removed. 7. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF 01/07/04 MEETING: Commission members discussed the possibility of striking Condition #3, "No more than five (5) customers at any one time allowed on site," and Condition #5, "No more than two (2) business vehicles allowed at this site." Regarding Condition #3, a commissioner inquired how it could be enforced, while other members believed the site plan and parking would govern the number of customers that could be accommodated. Staff commented that enforcement would take place by a complaint -only basis. Staff also commented that the applicant has stated that the majority of his business will be done by telephone, however, he wanted to be able to accommodate the possibility of a drive -by customer. Regarding Condition #5, a member of the commission commented that this will be a far less intensive use than a restaurant; furthermore, he did not believe it was appropriate to limit the number of vehicles the applicant needed to run his business. Another commissioner asked about the appropriateness of requiring a full site plan for such a small operation. Staff explained that since this property has no previously -approved site plan associated with it, staff is seeking to bring the site into conformance. Staff noted that the site plan will identify parking areas, designate a handicap space, and bring signs into conformance. Staff pointed out that the applicant could not be present, due to a family emergency. There were no citizen comments. The Planning Commission unanimously recommended approval of the conditional use permit, striking recommended Condition #3 and Condition #5, and keeping the remaining conditions, as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County. All identified improvements shall be installed within six (6) months of CUP approval. All parking shall be in compliance with zoning district standards. 3. No outdoor storage of equipment or materials will be permitted on site. 4. Signage shall be limited to one (1) illuminated free standing business sign; not to exceed fifty (50) square feet in area and ten (10) feet in height along the frontage of North Frederick Pike (Rt. 522). Any existing signage shall be removed. 5. Any expansion or change of use will require a new Conditional Use Permit. (All members of the Commission were present.) Submittal Deadline Ille /Z - P/C Meeting �7 BOS Meeting / C� APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: ADDRESS: LI A a, TELEPHONE ,5�%� 'X& O / 6? -77 10 7 2. Please list all owners, occupants, or parties in interest of the property: a ex i' is�s �ta�,ar i 3. The property is located at: (please give exact directions and include the route number of your road or street) i✓ 5", �/ m f / . e S C71 E.- F % Al wJ 3 = ..c. 4 . The property has a road frontage of f , t q ) feet and a depth of /4.0"1 .3, feet and consists of a 79 acres. (Please be exact) 5. The property is owned by ' o 6 ��°t' /T7 'ens /%s s 'i as recorded evidenced by deed from y fv;,E irr UJ a r/`. e _ (previous owner) in deed book no. 706 on page p�e;., 0 C/ 2— , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I . D.) No. Magisterial District r: ,�,w5" Current Zoning 9,14 7. Adjoining Property: USE ZONING North Vige%� East X iI South 1J9nA-01 / West Ilf'tC/b/,, l" Is 0 S. The type of use proposed is (consult with the Planning Dept. before completing) i u jai //i 1 CID jvL`T'�v��rc !.� �' S,� is � � � a �v 14 .. %-� /mac. to � t1:v ...� Gam➢ rA 1 Ii i .y _ 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 where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME PROPERTY ID# 3 5-ed K -y I 1 `7 ohk ct /�ATJ' -n"'U � NAME PROPERTY ID# 3 0 --- 14/ 2 9 ADDRESS l I q TneW$,>;,o t-v --- cs;,:'.v e-& - a--- t A 6 c� / ADDRESS , 9 S i iq I i e>A- `X °/ 11C y' to -7 j- in3 NAME pAi tc'iA 19 t"1'1�%�ic!!9/� ADDRESS Win,�k••�s%�� �� '�2fo3 PROPERTY ID# 3 0 - A - I tl 5— T. L & 13u. e o,/ W'4 ,2 411 NAME WA t/ ADDRESS W PROPERTY ID# '3c7 i9 °"I �S �- 2 g D fe /eW ru ry i z-- s � ►� ry ~� NAME Jr3�Qi^% i'1?�e'�5/Ir'SS t�rt/��C,ADDRESS^ ;'.✓� ��°r�� yr� d PROPERTY ID# 30 A- I NAME',-..,- DRESS PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS 11. Please use this proposed and/or measurements to J page.for your sketch of the property. Show existing structures on the property, including all property lines. 0 Judge Edwards first built this building in late 40's. Purchased by Mr. Clay Rogers in 1954 or 1955. Building moved to new foundation when 522 North was changed from a two- (2) lane to a four- (4) lane highway. Many previous businesses such as a county store — gas station, bar and grill, restaurant, restaurant/lounge and dairy shop. This property consists of .79 acres with a previous approval by VDOT consisting of a cross over leading into the property with large entrance and exit. 12. Additional comments, if any: 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 Jeda Owners' Telephone No. TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: CO��,� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us lAR Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) ' a, (Phone) Sf'I '> / 01 3 (Address) ' Y Ar�rrJ, ,� S /, s► w Coe)3 w e/, '' the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. i'oC on Page C' e a qV , and is described as 3®R-P-/ Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name)' /Yo to 4 /d S i�o .ol� ���c (Phone) �5'/3' -- '�3/6 o I (Address) t13 �23 i2)1-'t, d ,, r1"e- PC �i i9 .� CJE �� , -� s ',-- rL CJc�- 2 9-G e, 3 To act as my true and lawf7ul attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (including proffers) IS Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: . This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this&%y of 200 3 , Signatures) State of Virginia, City/County of 4 / C /<�- , To -wit: I, 1W /9 /2-y Z, AdA Y Lat,) , a Notary Public in and for the jurisdiction aforesaid, certifJthat the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this�odday of J d , 200 3 . /! . Notary Pub My'Commission Expires: l2" UABev\Special Limited POA.wpd COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 14, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #11-03 FOR DYNAMITE DIGITAL TV On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 28, 2004, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #11-03 of Dynamite Digital TV, for re-establishing a non -conforming use. The property is located at 4323 North Frederick Pike and is identified with Property Identification Number 30-A-118 in the Gainesboro Magisterial District. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library.approximately one week before the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Sincerely, Mark R. Cheran Planner I MRC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on / Z1q, Lo from the Department of Planning and Development, Frederick County, Virginia: 30 - A- -117- BROWN, JAY F & ROBIN B TROXELL 1. 0to/0E/?- 114 JACKSON AVE WINCHESTER, VA 22601.4936 30 - A- -129- WARZINSKI, JOHN A & KATHERINE V 8007 BELMONT CT MARSHALL, VA 20115.2675 30 - A. - 45. MCDONALD, PATRICIA A I 4675 N FREDERICK PIKE WINCHESTER, VA. 22603.2838 30 - A- - 45-G THE HARD WAY, LC 826 BUCKNER DR WINCHESTER, VA 22601.6745 30 -A- - 118- BAYLISS, ROBERT M SR 280 GRANNIES LN WINCHESTER, VA 22603.3770 Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hekby certify that Mark "&,. Cheran, Planner I for the D pat ent of Planning and Development, whose name is signed to the foregoing, dated 0 ( , has personally appeared before me and acknowledged t e same in my S ate and County aforesaid. Given under my hand this % (,�aay of My commission expires on NOTARY PUBILICE • COUNTY of FREDERICK Department of Planning and Development . 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC FEARING December 23, 2003 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #11-03 FOR DYNAMITE DIGITAL TV On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 7, 2004, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #11-03 of Dynamite Digital TV, for re-establishing a non -conforming use. The property is located at 4323 North Frederick Pike and is identified with Property Identification Number 30-A-118 in the Gainesboro Magisterial District. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library approximately one week before the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Sincerely, Mark R. Cheran Planner I MRC/bad 107 North Dent Street ® Winchester, Virginia 22601-5000 0 This is to certify that the attached correspondence was mailed to the following on l a3 bP from the Department of Planning and Development, Frederick County, Virginia: � 30 • A- • 117- - - - - - - BROWN, JAY F & ROBIN B TROXELL 114JACKSON AVE WINCHESTER, VA 22601.4936 30 - A- -129- WARZINSKI, JOHN A & KATHERINE V 8007 BELMONT CT I MARSHALL, VA 20115.2675 30 - A. - 45. MCDONALD, PATRICIA A i 4675 N FREDERICK PIKE WINCHESTER, VA. 22603 2838 30 - A- - 45-G THE HARD WAY, LC 826 BUCKNER DR WINCHESTER, VA 30 - A- - 118- BAYLISS, ROBERT M SR 280 GRANNIES LN WINCHESTER, VA 22601.6745 22603 3770 DW,N f-r— 1 Mark R. Cheran, Planner I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, ✓ , a Notary Public in and for the State and County aforesaid, do Vreby certify that M R. Cheran, Planner I for the Dep rtm t of Planning and Development, whose name is signed to the foregoing, dated b , has personally appeared before me and acknowledged t e same in my State and County aforesaid. Given under my hand this 31I 4 day of 9 0��© My commission expires on �D / i NOTARY POLIC 0 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX:540/665-6395 NOTIFICATION OF PUBLIC HEARING May 18, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REVOCATION OF CONDITIONAL USE PERMIT APPLICATION #11-03 FOR DYNAMITE DIGITAL TV On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 1, 2005, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Revocation of Conditional Use Permit #11-03 of Dynamite Digital TV, for re- establishing a non -conforming use. The property is located at 4323 North Frederick Pike and is identified with Property Identification Number 30-A-118 in the Gainesboro Magisterial District. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ~' This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: Mark R. Cheran Zoning & Subdivision Administrator Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator, 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 aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC 0 0 Revocation of Conditional Use Permit #11-03 — Dynamite Digital TV May, 2005 Page 2 Staff conclusions for the 06/01/05 Planning Commission meeting: The holder of Conditional Use Permit 11-03 is in violation of the above -referenced conditions with regards to the zoning violations that staff has received. A recommendation from the Planning Commission for revocation of Conditional Use Permit 11-03 would be appropriate. This recommendation will be forwarded to the Board of Supervisor for their consideration. 30 A ,1;19 // \\ \\ P A5/ EN PROPERTIES, ILL,/Cy 30 A 45G 30 30 A 50 �� �� THE HARD WAY, LC WYNN, ANDREA HITZ II 30 A 117 BROWN, JAY F & ROBIN B TROXELL a 0 30 A 129 Lu O WARZINSKI, JOHN A & KATHERINE V N (7 A 06 = I- Q y M r N LIJ y_Q r i = A 116 KIE M & MARIE Map Features Revocatoi n of CUP# 11 - 03 B APPI-s., ^/erdges ~ Culverts O Parcels Dynamite Digital Lakes1Pands /V Dams Aprleukural a FOnaeN Dlseleh .�.- Streams - Buildrtgs iv Retammg Walls Road Centerlines - Double Church - Refuge cm,rch N ( 3 0 — A — 118 ) - Tanks +v yy+South Frederick w 0 50 100 200 .�, Trans , S Feet w 0 ty In N G) r N Map Features /N/ Bridges O B Arpheabon /v Culverts Parcels LakeslPonds 40V Dams agrlcuaural a ForesRal Disalets W� Streams /V Rem-, Wells - Double Church Budd,Wg Road Centerlines - Reluge Church - Tanks N SouN Frederick ^� T-Is 522 N W (~ S A Revocatoin of CUP# 11 - 03 Dynamite Digital (30-A-118) 0 50 100 200 Feet 0 • REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department RECEIVED Attn: Building Official 107 North Kent Street Winchester, Virginia 22601 ( 5 4 0) 6 6 5- 5 65 0 �`{Ui�K COittil`d :. �UBUC WORK & The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: I j % 711 /I �J cYiej-1 Pj, r-C��.aG� �i"i�r2y� 22Go� ,5�5 �L�D/'� Name of development and/or description of the request: T� / . S f� I i, /]J,� % �%c T rl J i 9 i a f= Location: 1,2 fi'l)t��%L'J/:Z Inspection Department Comments: SiYi ry1 r .y�� L_! �f\ " C Code Administrator Signature & Date:�f '"_j?.?.` j (NOTICE TO INSPECTIONS DEPT. *PLEASE, ETURN THIS FORM TO 41 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. Existing buildings shall comply with The Virginia Uniform Statewide Building Code and.section, 304, use group B (Business), of the International Building Code/2000. Other Code that applies is CABO Al 17.1-99 Accessible and Usable Buildings and Facilities. Please submit two sets of Floor plans at the time of change of use permit application. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS ��� - U ^ �I J A Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand delivered this form. Applicant's name, address and phone number: 14.,l .1 '3 A/,, .e P_ i e" K A' k LfL.� r' ,il � !, L .c � !Z OJeA_ 9, -9, G ® 7 (5,1 o) S us g' 4 e) / Name of development and/or description of the request: :77�z /1>' y Location: e� MIA/4-6 IU %L�rui� e�`i�v'°.,��J'✓ ��L+�YlJ1�s•a ��ez> �.,<-/=%- �i�ii�� Health Department Comments: Signature and Date: 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. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal RECOVED NOY W TTN: Fire rshal 107North Kent a Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, 1st floor of the County Administration Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: 3 CL11 ZA1 6 6 6 0 J Name of development and/or description of the request: 5 A / P-1 1 9 19 -a- 6 }1 I /'2is i'd07 r — 9 9 ;�r !2- f Fll`-S >y,.� %�� !a / r'J�tdsu-u fJ/i1%�irt9 �c.�i'c"r.y1��V JAI Location: % 7,j" P;& K Igo`% f a r✓ ii .e s I`u L/« i'!✓ ?a u l _ � 1� 2 °� A✓ LJ u,e }' .IJ/i s Fire Marshal Comments: Fire Marshal Signature & Date -,,-_- (NOTICE TO FIRE MARSHAL - PLEASE NOTICE TO APPLICANT S FORM 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 any other pertinent information: • �tca co l IROINIA Control number CUP03-0012 Project Name Dynamite Digital TV Address 4323 N. Frederick Pike Type Application Conditional Use Current Zoning RA Automatic Sprinkler System No Other recommendation Portable Fire Extinguishers Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 11 /20/2003 City Winchester Tax ID Number 30-A-18 Date reviewed 11/21/2003 Applicant Ronald C. Steepleton State Zip VA 22603 Fire District 16 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Not Identified Roadway/Aisleway Width Adequate Date Revised Applicant Phone 540-545-8601 Rescue District 16 Election District Gainesboro Residential Sprinkler System Yes Fire Lane Required No Special Hazards No Additional Comments Proposed use does not require additional fire protection beyond its previous use as assembly occupancy. Therefore, no factors affert fire suppression activities. Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh Title REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: lfvhJa1,4 C' `r_o d,,Is`r -, Name of development and/or description of the request: .s %9 ke g 9 9 em' I Q 1..-- S t dm✓ .r P, si ' '.'�....®�,e!/id d2: l' [,R��f 1 X l HJ G'u S r..��d .rr `.t, MAX Location: Va. Dept. of Transportation Comments: 7 4;: c: _ .ticatiOn for Little measurable iaraact on Route 522,. have the rDOT facility which would provide access to the property. Existing entrance is adequate for proposed use However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. VDOT Signature and Date: _,(j/lie 4�-�..G�j��, (NOTICE TO RESIDENT ENGINEER*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 two (2) copies of your application form, location map and all other pertinent information. :BARBARA-DATA PROCESSING iF-Pi 'lfu 4 Z (cam Ly g-L�v /Z�I FROM: Bev- Planning Dept. (' .,1 Please print sets of labels by 8. The type of use proposed is (consult Witt THANKSII before completing) LALAS 17SGfk-P 1 N r— 9. ouT ,,-yeE+ Ic-L-iff r,44LI1-cMC,- N It is proposed —that —the —following -buildings constructed: ?l0a E 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 where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME A G SEL-F SrDR af:� - ADDRESS PROPERTY ID# & :IL + - 4 A --- NAME w I L'L..l AcN- J2. GAL-,ru -u-- 31-Z•ADDRESS PROPERTY ID# 6-7--'9_ 40-4-- I4Zo AVE -ry0i,j-r ip-761AL- IJA C/.} P WfLL LAP'E- wlNcttGsi vA- 22�oz NAME jL PROPERTY bfd C - l�y 55�L�-- .J 2 - ADDRESS �LSC7 C�L�I.J�LL. C.f�N`B Wlh►C.tfEST 5P- ID# 6-:�'' Ar r "2-7 NAME 11AA -1a OVAIVS ADDRESS I-70 % .4j7, i,-,olJ LAt-02- PROPERTY ID# 6 "7- '+ -'5,4 (,v,NG4c-4;Te47 vM- Z�z-Go2 NAME E — I N V (rs`r/✓M e W-rS ADDRESS PROPERTY ID# do -'-7 - A- 116 C- NAME we V,.. 1.VNN ADDRESS PROPERTY ID# T - T NAME ADDRESS PROPERTY ID# ADDRESS PROPERTY ID# t,v ►r,\/ A 22 & a'L -Z,47L W(ti1GHe,5T�(L ✓A- 22(ao-z„ TO: BARBARA-DATA PROCESSING — Van 1, l rfz�- M FROMZEE � t 6-1_r -L iV Pleaseets of labels by THANKS!! 8. The type of use proposed is (consult with --- __ — before completing) i U RA /iri -- C-'yh) w 7-(oe)'h spa Lc � r1 `7 `r, .S zr d t 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 where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME �`f A a' +3-o c� rc) it v A • r. D a r�a�.�/ l If ^� PROPERTY ID# .310 j4 J P t i CAIh+�RTx� NAME ice. !t a a"W S iC i PROPERTY ID# 3 o -- / a 9 �� ADDRESS / i q JTMePeS.�.J�- -' ® cJ `7 d k / err ✓ s,j i el — ADDRESS n i, ,4 ?I /`X ° / id NAME �A /� t�i A i9 / 11 �/ rJ /4 / !� ADDRESS G3 / �h..� 5 j e>e- :J, 2 2,4o J PROPERTY ID# .3 0' I� l t/ g � K e- i1 )v,4 A- Di - NAMES = ,! /�4 h G�J t/ ADDRESS / v PROPERTY ID# 3c7 i4 14 S d, g p f.� /� W .+� rrJ r � •s �. /� r� ..� NAME f�v G �^`� /�r�yl: ss /' ADDRESS A ar c%x 41 2 2 PROPERTY ID# '3O /} - I / 3 NAME_ .DRESS PROPERTY ID#. NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS N DEPT. OF GEOGRAPHIC INFORMATION SYST: Mbv FREDERICK COUNTY, VIl¢Il`iIA. w GIS, MAPPING, GRA.PERCS WORK REQUEST DATE RECEIVED: REQUESTED COMPLETION DATE: - REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: OCDES LoC'TION OF REQUEST: (Write additional ' ormatiou on back of request) Vl lrU -- ZUe "O-L ,E5L V jKf1 DIGITAL: SIZES: COLOR: BLACYJWHITE: STAFF MEMBER - COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: E-MAIL: NUMBER OF COPIES: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) • • Application Process Evaluation We would like to learn how we might improve this process. Please complete this form and submit it to the Planning Department. You can submit it to us separately from the application if you wish. You may submit it anonymously. Which type of application did you complete? Rezoning Site Plan Master Development Plan Subdivision Conditional Use Permit Variance 2. Which part, if any, of the application process did you find particularly difficult? (Check as many as you wish.) ' Completing the application form Tax verification Agency review comments Adjoiner identification information Other (Please specify) 3. Did you have a discussion with a staff member before submitting the application? YES NO 4. Were you able to receive the assistance or information that you needed from the staff? YES _1,�— NO 5. What portion of this process took the longest for you? Completing plans Completing the application Tax Verification Agency review comments Other (Please specify) 6. What do you think could have been done differently to make this process quicker? 7. Do you have any suggestions about what we could do to make this process work better? May 17, 1996 (K:\wp\cmn\bah_cr\applic.rev) 0 O� a iz 5 2 2 THE 30RD WAY, A 45G C O 30A „a do -- T BROWN 30 A 117 CUP# 11-03 -v ss Dynamite Digital TV PIN: WARZINSKI 30 -A - 118 30 A 129 N W+ E S 0 60 120 Feet FF MMM�l Impression antibourrage et a sechage rapide Lltillsez le gabarit 51610 30 - A- - 45- MCDONALD, PATRICIA A 4675 N FREDERICK PIKE WINCHESTER, VA. 22603.283E 30 - A- - 45- MCDONALD, PATRICIA A 4675 N FREDERICK PIKE WINCHESTER, VA. 22603-2838 www.avery.com AMERY® 51610 1-800-GO-AVERY 30 A- - 45- MCDONALD, PATRICIA A 4675 N FREDERICK PIKE WINCHESTER, VA. 22603-2838 30 - A- - 45- MCDONALD, PATRICIA A 4675 N FREDERICK PIKE WINCHESTER, VA. 22603-2838 Jam and Smudge Free Printing Use Avery@ TEMPLATE 5161® 30 - A- - 118- BAYLISS, ROBERT M SR 280 GRANNIES LN WINCHESTER, VA 22603.3770 30 • A- -118- BAYLISS, ROBERT M SR 280 GRANNIES LN WINCHESTER, VA 22603.3770 30 - A- - 117•- BROWN, JAY F & ROBIN B TROXELL 114 JACKSON AVE WINCHESTER, VA 22601.4936 30 - A- - 117- BROWN, JAY F & ROBIN B TROXELL 114 JACKSON AVE WINCHESTER, VA 22601.4936 30 - A- -129- WARZINSKI, JOHN A & KATHERINE V B007 BELMONT CT MARSHALL, VA 20115.2675 30 - A- - 129 - - - WARZINSKI, JOHN A & KATHERINE V 8007 BELMONT CT MARSHALL, VA 20115.2675 30 - A- - 45-G THE HARD WAY, LC 826 BUCKNER DR WINCHESTER, VA 30 - A- - 45-G THE HARD WAY, LC B26 BUCKNER DR WINCHESTER, VA 30 - A- -118- BAYLISS, ROBERT M SR 280 GRANNIES LN WINCHESTER, VA 30 -A- -118- BAYLISS, ROBERT M SR 280 GRANNIES LN WINCHESTER, VA 22601-6745 22601.6745 22603.3770 22603-3770 www.avery.com AVERV0 51610 1-800-GO-AVERY 30 -A- - 118- BAYLISS, ROBERT M SR 280 GRANNIES LN WINCHESTER, VA 22603-3770 30 A- .118- BAYLISS, ROBERT M SR 280 GRANNIES LN WINCHESTER, VA 22603-3770 30 - A- - 117- BROWN, JAY F & ROBIN B TROXELL 114 JACKSON AVE WINCHESTER, VA 22601.4936 30 A- 117- BROWN, JAY F & ROBIN B TROXELL 114 JACKSON AVE WINCHESTER, VA 22601.4936 — 30 - A- -129- WARZINSKI, JOHN A & KATHERINE V 8007 BELMONT CT MARSHALL, VA 20115-2675 30 A• 129- WARZINSKI, JOHN A & KATHERINE V 8007 BELMONT CT MARSHALL, VA 20115-2675 30 A- - 45-G THE HARD WAY, LC 826 BUCKNER DR WINCHESTER, VA 22601.6745 30 - A- - 45-G THE HARD WAY, LC 826 BUCKNER DR WINCHESTER, VA 22601.6745 30 -A- -118- BAYLISS, ROBERT M SR 280 GRANNIES LN WINCHESTER,VA 22603.3770 30 -A- -118- BAYLISS, ROBERT M SR 280 GRANNIES LN WINCHESTER, VA 22603.3770 6965 ®��jl ��� -- A83AV-O9-008-I. ®L9 s wege6 al zosinin ® uao:)-Aaane•MMM apldea a6epas a ja a6eaanogllue uolssaaduul I