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Home My WebLink About01-04 Susie C Yost Antique & Collectible Shop - Gainesboro - BackfilemmPq Date: p File opened Reference Manual updated/number assigned 1-.3 o V D-base updated 1 3 ° One location map requested from Mapping Dept. Four sets of labels requested from Data Processing I- -6 File given to Renee' to update Application Action Summary QU` CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's 3 File stamped "approved", "denied" or "withdrawn" Reference Manual updated r ( D-base updated 3 • //,-C7L/ File given to Renee' for final update to Application Action Summary rse, U U \Carol\Common\Tracking sheets\CURTRK Revised 12/19/02 CASH 003681 w 0 RECEIPT Date --Sc)-, Received From 3 dress � c i o f s $ (A � c7 v Y o • • U AMT OF ACCOUNT CASH g AMT. PAID CHECK fL BALANCE DUE MONEY ORDER ❑ CREDIT CARD❑i By -N 0 FILE COPY 6 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Bev Dellinger, Secretary IIJ SUBJECT: Return Of Sign Deposit DATE: April 22, 2004 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the person named below as a deposit for one sign for a Conditional Use Permit #01-04 for Susie C. Yost. She 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: /bad Susie C.Yost 9113 N. Frederick Pike Cross Junction, VA 22625 107 North Kent Street • Winchester, Virginia 22601-5000 IE Rd COFY 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 20, 2004 Ms. Susie C. Yost 9113 N. Frederick Pike Cross Junction, VA 22625 RE: CUP #01-04 for Re-establishing a Legally Nonconforming Use Property Identification Number 6-A-77 Dear Ms. Yost: This letter replaces the letter which was previously sent to you on March 1 l , 2004 confirming the action taken by the Frederick County Board of Supervisors at their mdeting on March 10, 2004. Your Conditional Use Permit #01-04 for re-establishing a legally nonconforming use (antique and collectible shop), was approved with the following conditions: 1. All review agency comments 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 prior to operation of the business. All parking shall be in compliance with zoning district standards. 3. Signage will be limited to one (1) illuminated freestanding 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). 4. Any change of use or modification 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, A f ark R. Ch ran Planner I MRC/dlw cc: Gary Dove, Gainesboro District Supervisor Commissioner of Revenue Jane Anderson, Real Estate George J. Kriz and Charles E. Triplett, Gainesboro Planning Commissioners 107 North Kent Street • Winchester, Virginia 22601-5000 • 9 cK Co CONDITIONAL USE PERMIT #01-04 4` °tea SUSIE C. YOST Staff Report for the Board of Supervisors Prepared: February 24, 2004 one 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: 02/18/04 Recommended Approval Board of Supervisors: 03/10/04 pea&ug_. Met D V LOCATION: This subject property is located at 9263 North Frederick Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 6-A-77 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Country store ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) and B-2 (Business, General District) Zoning District. Land Use: Residential and Gas Station PROPOSED USE: Re-establish a legally nonconforming use (Antique and collectible shop) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have a measurable impact on Route 522 the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Department: This is not a change of use, former and new use is all mercantile. No building permit is needed. C.U.P. #01-04 February 24, 2004 Page 2 Fire Marshal: No significant fire department impact Health Department: Health Department has no objection to request Planning and Zoning: This property is subject to Conditional Use Permit #14-01, which was approved by the Board of Supervisors on October 24, 2001. This approval was for re- establishing a legally non -conforming use. (A country store with.a twenty-four (24) seat restaurant use - Alkire's Country Store) Condition #5 of this Conditional Use Permit states: "Any change of use or modification will require a new Conditional Use Permit." The applicant is seeking to operate an antique shop, and has requested a new Conditional Use Permit to do such. This new proposed use for an antique shop would have a lesser impact on the surrounding community than a country store with a 24-seat restaurant. No exterior alterations or changes to the property or building are being proposed. The re-establishing of this non -conforming use will be appropriate to bring the property into compliance with the Frederick County Zoning Ordinance. An inspection of the property revealed that the parking area is not delineated by striping or wheel stops. The Frederick County Zoning Ordinance requires that parking areas outside the UDA and SWSA are to have a minimum of double prime -and -seal treatment of all parking areas, with striping and wheel stops. The Department of Transportation revealed the northern most entrance does not meet minimum standards for sight distance due to topography. VDOT has indicated their preference to use Cumberland Trail Road (Route 694) for egress from the site. Staff would recommend any 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). An engineered site plan shall be submitted to and approved by Frederick County. All identified site improvements shall be installed within six (6) months of CUP approval. STAFF CONCLUSIONS FOR THE 02-18-04 PLANNING COMMISSION MEETING: Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: 1. All review agency comments and requirements must 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 watli3�r sip( I�1:'ppfoval. All parking shall be in compliance with zoning district standards. 70- 3. 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). 4. Any change of use or modification will require a new CUP application. C.U.P. #01-04 February 24, 2004 Page 3 PLANNING COMMISSION SUMMARY & ACTION OF 02/18/04 MEETING: Questions from the Commission included a request for clarification on the timing for completion of the upgrades per VDOT's comments and in what manner direct access of the site viallorth Frederick Pike (Rt. 522) would be prohibited. Staff replied that these issues would be addressed at the site plan review process and would not affect the Commission's ability to act on the conditional use permit. The applicant was comfortable in her ability to address VDOT's comments. There were no public comments. Members of the Commission believed this would be a good use for this particular structure and they unanimously recommended approval with the same conditions recommended by the staff as follows: 1. All review agency comments and requirements must 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 months of conditional use permit approval. 3. Signage shall be limited to one illuminated free-standing business sign, not to exceed 50 square feet in area and ten feet in height, along the frontage of North Frederick Pike (Rt. 522N.) 4. Any change of use or modification will require a new conditional use permit application. 4.1 Submittal Deadline �i{n1 �3 9N P/C Meeting 4 BOS Meeting /o & APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the ✓ owner other) NAME: to "L C -/- I ADDRESS: //J � / �t /, v TELEPHONE � y d - ky 2. Please list all owners, occupants, or parties in interest of the property: CS 3. The property is located at: (please give exact directions and include the route numberofyour road or street) Vz "ate /\J . ep I d L I'C 4. The property has a road frontage of JI feet and a depth of feet and consists of q Sacres. (Please be exact) 5. The property is owned by UJeS1 L - C as evidenced by deed from v'oeG iK= E71 e- recorded (previous owner) in deed book no. -5 S8 on page :;A- as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel) Identification (I.D. )No. -7 Magisterial District 6z;,y,3�.zt Current Zoning R/F 7. Adjoining Property: USE North S r- /) East South West Rr -sZ/- ZONING � JAN 2 3 2004 Z �/g 8. The type of use proposed is (consult with the Planning Dept. before completing) 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 M tm-1tiAA,c}--1ma 6eaclL. PROPERTY ID# 1 '/4 NAME ki r I' L ADDRESS Cuss ADDRESS i q � �u m be,, b, L -T-e-G ,� PROPERTY ID# O b- A- L S D NAME 1�� I C Z .l�v� -r6t m , [1 AA-LdtADDRESS PROPERTY ID# NAME A en h PROPERTY ID# A60z-1ear,Vr,,- NAME OS (�oL7��12R rV n Pn PROPERTY ID# � W % ik%.WD PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# c 120 ss te/Kur o,. VA. i �J t fired eplIcK ADDRESSSl 'e�4 ��•'i ADDRESS ADDRESS ADDRESS ADDRESS 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 C%�asS Owners' Telephone No. C N I 'Flee ele,(,Ct- TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: �\ 06 7 4 M Q �� SIMMERS V_ O j � UO � ALKIRE 06 A 75D ritlf► Wdan(VTmHRd--- 06 7 5 ,\ FORTNER 06 A 77 ROUTE 522 WEST, A 75C L L C r'6\ ROSEN 06 A 75H YOST i Cup#01-04 06 A 75Susie C. Yost HOLTZMAN FAMILY \-c� LIMITED PR #1 PIN: B \� 06-A-77 N S 0 80 Feet r� m-,l N R= 879.00 CUMBERLAND TRAIL ROAD A= 75.02 STATE ROUTE 694 C= 75.00' POSTED AS REYNOLDS ROAD CH BRG = N 86054'21 "W TITLE SURVEY OF 5.623 ACRES. •`c .c LOCATED IN GAINSBORO DISTRICT, FREDERICK COUNTY, VIRGINIA. OWNER: J. W. PROPERTIES L.L.0 INSTRUMENT NO. 010011665 INSTRUMENT NO. 030027636 PLAT DECEMBER II, 2003 CH = 35.49' CH BRG= S 18031'28"W "B" R= 471.7 A = 149.85' CH = 149.22' BRG = S 76039'26"W NEWMAN SURVEYING Professional Land Surveyor Mt. Jackson, Virginia 22842 (540) 477-3730 n REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Kent Street Winchester, Virginia 22601 (540) 665-5650 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: 5'�_5 ►-C. G Vo s 1- ':M - YW- 3SV61 l,Q /V4 1�rJcfel - ( k (iCGO SS 4"u/12C''� V4 Name of development and/or descrip `re S _,54- e- C h-Q44 ion of the requjuest: _e,e, 4--o 4nqece cy S 4cr Location: N , 6eif d _P_K1.G k /91)(�e- Inspection Department Comments: N. This is not a change of use, former and new use is all M-Mercantile. No building permit is needed. Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT.*PLEASE WOURN 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. • 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 n address andtS ne number: e, "; P C• � o Name of development and/or description of the request: aid %� ee s S �� u- -� h%S 6 Location: = _ lie ctas�S Va. Dept. of Transportation Comments: `1-he Eq 11cation for a coalitional use petmi.t for this � t�a�7pears to have a rreast enable lnpact on Route 522, the WX facility wbich mould provide access to the'Property. Prior to oreration of the business a ca eerci,al entrance mast be constructed to our mu mm standards to allow for safe egress and irgress of the property. Any vxork perf om--d on the State's rigit-of-u y mast be covered. Linder a land use�t. Ihne permit is issued by this office aryl requiresan instion fee and surety bond. coverage. VDOT Signature and Date: "dl �1 �,�8'� /�Z/e`l (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. 0 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS 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' phone number: Name of development and/or description of the request: Location: Health Department Comments: Signature and Date:—W�T��' S,1/a 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. • Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments -VIR(iINIA J Control number Date received CUP04-0001 1/9/2004 Project Name Old Alkires Store/ Antique and Collectible Shop Address City 9113 N Frederick Pike Cross Junction Type Application Tax ID Number Condiitional Use TM 6-A77 Current Zoning Date reviewed 1 /13/2004 Applicant Susie Yost State Zip VA 22625 Fire District 20 RA Recommendations Date Revised Applicant Phone 540-888-1412 Rescue District 20 Election District Gainesboro Automatic Sprinkler System Automatic Fire Alarm System Residential Sprinkler System No No No Other recommendation Maintain existing smoke detectors and fire extinguishers. Add exit signs and white lights as discussed. Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Must maintain access for emergency vehicles Access Comments Additional Comments No significant fire dept impact. Plan Approval Recommended Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Fire Lane Required Yes Special Hazards No Reviewed By Signature Karl Steudl Title SS 1,2 k 9 0 5 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 February 4, 2004 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #01-04 FOR SUSIE C. YOST. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, February 18, 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 #01-04 of Susie C. Yost, for re-establishing a legally nonconforming use (antique and collectible shop). The property is located at 9263 North Frederick Pike and is identified with Property Identification Number 6-A-77 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 r. 0 This is to certi th t t e attached correspondence was mailed to the following on ' from the Department of Planning and Development, Frederick County, Virginia: - -- -- - -- _ _ 06 -6- 1- 1- 06 - 1- A- HAMILTON, WILLIAM F TRUSTEE CROSEN, MONTANA & ALMA & THOMPSON, ELIZABETH S TRUSTE 9291 N FREDERICK PIKE 159 CUMBERLAND TRAIL RD CROSS JUNCTION, VA. 22625.1829 CROSS JUNCTION, VA. 22625.1813 06 • A• . 75-D i 06 - A- - 75•C ALKIRE, ROBERT E. & CARMEN E. CROSEN, ROGER L & CAROL 0 271 SPRING VALLEY DR 192 CUMBERLAND TRAIL RD WINCHESTER, VA 22603.2951 CROSS JUNCTION, VA 22625.1804 — 06 -7- - 5- 06 - A• - 75.1 FORTNER, DONIVON DWAIN HOLTZMAN FAMILY LIMITED PR A THE 372 SPRING HILL LN & SUE YOST WINCHESTER, VA 22603 9181 N FREDERICK PIKE 04) 06 •7- - 4- CROSS JUNCTION,VA 22625.2159 SIMMERS, EDWARD A SR & ALLYSON A 06 - A• . 5-A 161 SHERWOOD PINES LN KERNS, JEFFREY WAYNE CROSS JUNCTION, VA 22625 1662 2096 N SLEEPY CREEK RD WHITACRE, VA 22625.1842 06 -7- • 5-A COMMONWEALTH OF VIRGINIA O6 A 77 PO BOX 2249 ROUTE 522 WEST, LLC STAUNTON, VA 24402.2249 PO BOX 8 MT JACKSON, VA 22842 06 -A- . 75•H YOST, SUE C 9113 N FREDERICK PIKE Mark R. Cheran, Planner I CROSS JUNCTION, VA 22625 215o Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do b#eby certify that Vrk R. Cheran, Planner I for the DepiartTent of Planning and Development, whose name is signed to the foregoing, dated b = , has personally appeared before me and acknowledged the same in my Stad and C unty aforesaid. Given under my hand this C6a day of Qo My commission expires on ,:2od NOTARY PTALIC COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING February 25, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #01-04 FOR SUSIE C. YOST. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, March 10, 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 #01-04 of Susie C. Yost, for re-establishing a legally nonconforming use (antique and collectible shop). The property is located at 9263 North Frederick Pike and is identified with Property Identification Number 6-A-77 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, i Mark R. Cheran Planner I MRC/bad 107 North Kent Street - Winchester, Virginia 22601-5000 This is to ertify that the attached correspondence was mailed to the following on �� from the Department of Planning and Development, Frederick County, Virginia: 06 7- 4- - - SIMMERS, EDWARD A SR & ALLYSON A O6 -1- - A- CROSEN, MONTANA & ALMA 161 SHERWOOD PINES LN 9291 N FREDERICK PIKE j CROSS JUNCTION, VA 22625-1662 CROSS JUNCTION, VA. 22625.1829 _ I 06 -7- - 5-A O6 - A- - 75-D COMMONWEALTH OF VIRGINIA ALKIRE, ROBERT E. & CARMEN E. PO BOX 2249 STAUNTON, VA 24402-2249 192 CUMBERLAND TRAIL RD CROSS JUNCTION, VA 22625-1 B04 06 - A- - 75.1 HOLTZMAN FAMILY LIMITED PR #I, THE & SUE YOST 9181 N FREDERICK PIKE CROSS JUNCTION,VA 22625.2159 06 - A- - 5-A KERNS, JEFFREY WAYNE 2096 N SLEEPY CREEK RD WHITACRE, VA 22625.1842 06 - A- - 77- ROUTE 522 WEST, LLC PO BOX 8 MT JACKSON, VA 22842 O6 -7- - 5- FORTNER, DONIVON DWAIN 372 SPRING HILL LN WINCHESTER, VA 22603 06 -6- 1- 1- HAMILTON, WILLIAM F TRUSTEE & THOMPSON, ELIZABETH S TRUSTE 159 CUMBERLAND TRAIL RD CROSS JUNCTION, VA. 22625-1813 06 - A- - 75-C CROSEN, ROGER L & CAROL 0 271 SPRING VALLEY DR WINCHESTER, VA 22603.2951 06 - A- - 75-H YOST, SUE C 9113 N FREDERICK PIKE CROSS JUNCTION, VA 22625.2150 Mark R. Cheran, Planner I Frederick County Planning Dept. STAl'E+'-ur' vixuiwrti - - -- - COUNTY OF FREDERICK I, C l��Pic� C/-✓ , a Notary Public in and for the State and County aforesaid, do reby certify that M R. Cheran, Planner I for the Depart t of Planning and Development, whose name is signed to the foregoing, dated 'Z_ �, p `- , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 6,v�-,day of My commission expires on ti Z20 NOTARY PUENIC