Loading...
HomeMy WebLinkAbout09-04 James & Barbara Bayliss Real Estate Brokerage - Gainesboro - BackfileFile opened Reference Manual updated/number assigned D-base updated One location map requested from Mapping Dept, 4 �)- L/S; 7-6 M10c- Four sets of labels requested from Data Processing File given to Renee' to update Application Action Summary CLOSE OUT FILE: % S 0 Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's `% 0 v File stamped "approved", "denied" or "withdrawn" % 0� Reference Manual updated * D-base updated / . File given to Renee' for final update to Application Action Summary -'3ts TO 1(0 . U.\Carol\Common\Tracking sheets\CUP.TRK Revised 12/19/02 Pate CASH 00303 RECEIPT Received From L Address - u Dollars $ Y For Aa cn -g� L ACCOUNT o = Q AMT. OF .�a77 M ACCOUNT AMT PAID ' 1 BALANCE DUE CASH i CHECK i f EY ORDER ❑ By E COPY MUNTY FIL of FREDERICK Department of Planning and Development HAND DELIVERED 540/665-5651 FAX: 540/ 665-6395 Mr. James A. Bayliss PO Box 1816 Winchester, VA 22604 RE: CONDITIONAL USE PERMIT #09-04 Property Identification Numbers 52-A-55 and 52-A-56 Dear Mr. Bayliss: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on May 14, 2008. Conditional Use Permit #09-04 was permitted to remain in force as a cottage occupation as a real estate brokerage office, subject to the following conditions. 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any one time. 3. Any proposed business sign shall conform to cottage occupation sign requirements, including that it shall not exceed four square feet in size. Only one such sign may be placed on the two properties (Property Identification Numbers 52-A-55 and 52-A- 56) combined. No other sign of any kind (including but not limited to any real estate sign advertising either or both of the two properties as for sale) is allowed on either of the two properties unless the cottage occupation sign is removed. Even upon removal of the cottage occupation sign, only one real estate advertising sign (or other sign type) may be placed on the two properties combined. 4. Any expansion or modification of facilities will require a new Conditional Use Permit. 5. Up to temporary employees allowed. Please note that condition #3 was created by the Frederick County Attorney specifically for this conditional use. This condition must be adhered to at all times; failure to comply will result in revocation. If you have any questions regarding this action, please feel free to call this office. Sincerely, ar R. Cher n Zoning Administrator cc: Gary W. Dove, Gainesboro District Supervisor George Kriz and Charles Triplett, Gainesboro Planning Commissioners MRC/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • • milkCOPYC FREDERICK CERTIFIED MAIL February 7, 2008 Mr. James Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 RE: 2680 Northwestern Pike Property Identification Number (PIN): 52-A-56 Zoning District: RA (Rural Areas) Dear Mr. Bayliss: This letter is in reference to your telephone call of February 5, 2008 and the letter you sent to this office for a Freedom of Information Act (FOIA) request with regards to your violations of Conditional Use Permit (CUP) #09-04. Violations of the Frederick County Zoning Ordinance are not subject to the provisions of the FOIA with regards to the information of the complainant. Furthermore, Conditional Use Permits are a legislative action and may be revoked by the Frederick County Board of Supervisors for any violation of the conditions of the CUP. As my letter to you dated December 12, 2007, stated, "This letter is to inform you that your Conditional Use Permit (CUP) 409-04 is being scheduled for revocation at the earliest public hearing, due to violations of the conditions placed on CUP 409-04. You will receive further notice from this office in regards to the time and location of this public hearing". You are scheduled for revocation of your CUP on February 20, 2008, and you will receive notice of the public hearing via letter which will be mailed on February 8, 2008. Our procedure for hearing items is to advertise the item on the two the Wednesdays prior to the Planning after thCommission first ad runs,lng. The as well as the nda is owner/applicdto ant and Planning Commission on Friday adj oiner letters. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • C� ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: James Bayliss 2680 Northwestern Pike Winchester, VA 22603 A. Received by (Please Print Clearly) I B. Date of Delivery C. Sig lure El Agent X �'� ❑ Addressee K.delivery address d' Brent from item 1' ❑ Yes If YES, enter deliv. y� address below: ❑ No 3. Service Type $XCertified Mail ❑ Express Mail ❑ Registered XX Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) 7005 311,E 0001 2607 0643 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 M CERTIFIED MAIL,,, RECEIP I (Domestic Mail Only; No Insurance Coverage Provided) MF F! 11 f1J Postage $ A rR Certified Fee 0 Return Receipt Fee 173 (Endorsement Required) t3 Restricted Delivery Fee r-H (Endorsement Required) r-i tt�� ;yam eax� Postmark Here g � o-� /-� Boy m Total Postage & Fees 1 $ Ln 1=1 Sent To N------------------------Jam'eS""'$' "TSS""- ------------------------------- - f`- Straet ApP. o.; � or PO Box No. ..... f $Q_.4.Rj:j;hL Le—StP—rA._Y-�-------------- Ciry,srare;ziP+a Winchester, VA 22603 PS Foim 3800� June 2002 See Reverse for instructions RAVIissi R 1: A L T Y 10 lop rI r Itm 04. 12-2006 A,' Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL April 3, 2006 James and Barbara Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike Property Identification Number (PIN): 52-A-56 Zoning District: RA (Rural Areas) Dear Mr. and Ms. Bayliss: This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing due to violations of the conditions placed on CUP 09-04. You will receive further notice from this office in regards to the time and location of this public hearing. 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 office has received complaints of violations of the conditions placed on Conditional Use Permit #09-94, due to the size of your sign. I have included a copy of the conditions placed on this CUP. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator Enclosure MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 U.S. Postal Service,. CERTIFIED MAILTm RECEIPT (Domestic Mail Only; No insurance Coverage Provided) m 0 Er Postage $ 0 p Certified Fee 0 ® Return t Fee (Endorsement Required) ® Restricted Delivery Fee rl (Endorsement Required) 0 Total Postage :s Postmark Here m pLor. I1SS o.; Jaynes and Barbara Bayo. 2680 Northwestern Pike IP+ Virginia 22603 ..__.._Winchester, ti �� • s VILE coipy COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 CERTIFIED MAIL January 17, 2007 James and Barbara Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike Property Identification Number (PIN): 52-A-56 Zoning District: RA (Rural Areas) Dear Mr. and Ms. Bayliss: This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at. the earliest public hearing due to violations of the conditions placed on CUP 09-04. You will receive further notice from this office in regards to the time and location of this public hearing. 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 office has received complaints of violations of the conditions placed on Conditional Use Permit #09-94, due to the size of your sign. I have included a copy of the conditions placed on this CUP. Please contact me regarding any questions that you may have at (540) 665-5651. LR ly, . Cheran Zoning Administrator Enclosure bc: Gary Dove, Supervisor George Kriz & Charles Triplett, Commissioners 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 M-11 fuc COUN o off" aK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 July 15, 2004 James A. and Barbara V. Bayliss 2680 Northwestern Pike Winchester, VA 22603 RE: CUP #09-04 for Cottage Occupation - Real Estate Brokerage Property Identification Number 52-A-56 Dear Mr. and Mrs. Bayliss: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 14, 2004. Your Conditional Use Permit 409-04 for a Cottage Occupation - Real Estate Brokerage, was approved with the following conditions: l . All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any one time on site. 3. Any proposed business signs shall conform to cottage occupation sign requirements; and, shall not exceed four square feet in size. 4. Any expansion or modification will require approval of a new conditional use permit. 5. Up to two temporary employees allowed. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Interim Zoning & Subdivision Administrator MRC/bad cc: teary W. Dove, Gainesboro District Supervisor /�7eorge Kriz andGh6les Triplett, Gainesboro Planning Commissioners -1-ane Anderson, Real Estate —10�mmissioner of Revenue 107 North Kent Street • Winchester, Virginia 22601-5000 M .. a For delivery information visit our website at Z�%usps.com'- Ir m 0 I r Postage $ Certified Fee Postmark Return Redept Fee Here (Endorsement Required) 0 Restricted Delivery Fes r-1 (Endorsement Required) O r-9 Total Postage & Fees m C 2n �J y� 1 6fVzg&i Y),--LS f� Street, Apf. No.; or PO Box No. ------------------------------------------------------------------------ City, State, ZIP+4 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Mark R. Cheran, Zoning Administratorf��`-�~ RE: Revocation of Conditional Use Permit #09-04 for a Cottage Occupation for a Real Estate Brokerage Office DATE: April 30, 2008 The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #09-04 for a cottage occupation as a real estate brokerage office on July 14, 2004, with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any one time. Any proposed business sign shall conform to cottage occupation sign requirements, and shall not exceed four square -feet in size. 4. Any expansion or modification of facilities will require a new Conditional Use Permit. 5. Up to two temporary employees allowed. Violation of Conditions: Staff received a complaint regarding violations of the CUP #09-04 with regards to size and number of signs located on the property. The property has two signs located on the property, which do not meet the requirements of Condition 3 of Conditional Use Permit #09-04. Staff has met with the property owner and discussed the sign issue in order to bring the property into compliance with the conditions of the Conditional Use Permit. A letter of revocation was sent to the property owner on December 12, 2007. Staff conclusions for the 02/20/08 Planning Commission Meeting: The holder of Conditional Use Permit #09-04 is in violation of the above -referenced conditions with regards to the size and number of signs on the property. Summary and Action of the Planning Commission meeting on 02/20/08: The applicant and his legal counsel stated that the property on which the CUP was granted (PIN 52-A-56) does not have a sign at this time; however, his adjoining property (PIN 52-A-55) contains a realty sign advertising the sale of his residence. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Frederick County Board of Supervisors Re: Revocation of CUP #09-04 for Real Estate Brokerage Office April 30, 2008 The Planning Commission noted that the applicant applied for both properties under his CUP application. Commission members believed the existing sign had the appearance of a sign advertising Mr. Bayliss' business, rather than a "For Sale" sign because it contained a directional arrow with the word, "office." 'In addition, the sign exceeded the size limitation of four square -feet. They questioned whether it was an off -premises business sign, which would require a CUP. Commissioners suggested the applicant place an appropriately -sized business sign onto the property for which the original CUP was granted (PIN 52-A-56) and place a typical For -Sale sign on the adjacent property (PIN 52-A-55) advertising the sale of his residence. The applicant contended that the existing sign was no different than any realty sign posted in Frederick County. There were no public comments. The Planning Commission unanimously recommended that CUP #09-04 of James and Barbara Bayliss be revoked due to a violation of the conditions of the permit, specifically regarding the size of the sign and the appearance of an off -premise business sign. (Note: Commissioner Manuel abstained; Commissioners Ambrogi, Triplett, and Mohn were absent from the meeting.) Staff Comments for Board of Supervisors Meeting March 26, 2008: The applicant was cited for an illegal business and sign (s) on April 5, 2004. The applicant applied for a Conditional Use Permit (CUP 409-04) for a cottage occupation on the property, to bring the property into compliance with the Frederick County Zoning Ordinance. At the June 2, 2004 Planning Commission meeting, members explained to the applicant about the size requirements for a cottage occupation sign, which is two feet -by -two feet, not four feet -by -four feet. The applicant acknowledged that the current sign was too large and would modify any sign to meet the requirements of a cottage occupation sign. This CUP was approved by the Board of Supervisors on July 14, 2004. Staff received complaints with regards to the size and the number of signs located on the property. Staff met with and notified the applicant via certified mail that the applicant was in violation of the conditions placed on CUP # 09-04. The applicant has not removed the sign (s) and was scheduled for revocation of CUP #09-04. As noted above, the Planning Commission at their February 20, 2008 meeting voted for revocation of CUP #09-04. Staff has included attachments associated with CUP #09-04 for your review. Summary and Action of the Board of Supervisors meeting on 03/12/08: Mr. Cheran presented the staff report stating that Mr. Bayliss is not in compliance with requirement #3 of his CUP regarding size and number of signs located on the property. Mr. Bayliss acknowledged that the sign in question did exceed four square feet and he asked the Board for a 30 day extension so he could work with Mr. Cheran because he wanted to have a real estate sign in addition to the sign allowed by the CUP. Some of the Supervisors had concerns because this issue has been going on for three and a Page 3 Frederick County Board of Supervisors Re: Revocation of CUP #09-04 for Real Estate Brokerage Office April 30, 2008 half years and it is obvious what needs to be done to bring the sign issue into compliance. The Board determined that no signs are to be placed on the property until approved by the Zoning Administrator and Mr. Bayliss is in compliance with CUP #09-04. The applicant has since submitted to staff a sign plan that meets the cottage occupation sign requirements. Condition #3 has been modified to allow the applicant to have a real estate sign in lieu of the cottage occupation sign to advertise the sale of his property. UPDATE FOR MAY 14, 2008 BOARD OF SUPERVISORS MEETING: Roderick B. Williams, Frederick County Attorney, proposes the following language for condition #3: Any proposed business sign shall conform to cottage occupation sign requirements, including that it shall not exceed four square feet in size. Only one such sign may be placed on the two properties (Property Identification Numbers 52-A-55 and 52-A-56) combined. No other sign of any kind (including but not limited to any real estate sign advertising either or both of the two properties as for sale) is allowed on either of the two properties unless the cottage occupation sign is removed. Even upon removal of the cottage occupation sign, only one real estate advertising sign (or other sign type) may be placed on the two properties combined. Staff would recommend the conditions be as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any one time. 3. Any proposed business sign shall conform to cottage occupation sign requirements, including that it shall not exceed four square feet in size. Only one such sign may be placed on the two properties (Property Identification Numbers 52-A-55 and 52-A-56) combined. No other sign of any kind (including but not limited to any real estate sign advertising either or both of the two properties as for sale) is allowed on either of the two properties unless the cottage occupation sign is removed. Even upon removal of the cottage occupation sign, only one real estate advertising sign (or other sign type) may be placed on the two properties combined. 4. Any expansion or modification of facilities will require a new Conditional Use Permit. 5. Up to two temporary employees allowed. MRC/bad Attachments COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING April 30, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REVOCATION OF CONDITIONAL USE PERMIT APPLICATION #09-04 OF JAMES AND BARBARA BAYLISS On behalf of the Frederick Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, May 14, 2008, 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: Revocation of Conditional Use Permit #09-04 for James and Barbara Bayliss. This Conditional Use Permit is being revoked due to the size and number of signs on the property. The property is located at 2680 Northwestern Pike (Route 50 W), and is identified with Property Identification Numbers 52-A-55 and 52-A-56 in the Gainesboro Magisterial District. A copy of the agenda 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. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to ce the attached correspondence was mailed to the following . on 1Qthat from the Department of Planning and Development, Frederick County, Virginia: James A. Bayliss PO Box 1816 Winchester, VA 22604 C.L. Robinson c/o F&M Bank 9 Court Sq. j Winchester, VA 22601 Clarence & Viva Cather 2691 Northwestern Pike Winchester, VA 22603 Silver Lake LLC c/o James R. Wilkins III 13 S. Loudoun St. Winchester, VA 22601 Philip & Diana Haines 675 Poorhouse Rd. Winchester, VA 22603 [ark R. Cheran, Zoning & Subdivision Administrator - - : --rrederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do reby certify that .Ma R. Cheran, Zoning & Subdivision Administrator for the De ent 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 Uountv aforesaid. Given under my hand this My commission expires on n1 Vi kLY H. DELL ER OOTARY ID # 331878 ;X IV�JT4RY PUBLIC `�"�t' W�ALTN OF VIRGINIA EXPIRES JULY 31, 20 day ofaj� �� 01 W A V /� 10 0 Page 1 of 1 Mark Cheran From: Rod Williams [rwillia@co.frederick.va.us] Sent: Monday, April 14, 2008 1:19 PM To: mcheran@co.frederick.va.us Subject: Bayliss CUP Mark, Here is my rewrite of the language for condition 3: Any proposed business sign shall conform to cottage occupation sign requirements, including that it shall not exceed four square -feet in size. Only one such sign may be placed on the two properties (Property Identification Numbers 52-A-55 and 52-A-56) combined. No other sign of any kind (including but not limited to any real estate sign advertising either or both of the two properties as for sale) is allowed on either of the two properties unless the cottage occupation sign is removed. Even upon removal of the cottage occupation sign, only one real estate advertising sign (or other sign type) may be placed on the two properties combined. Please let me know if you have questions. Also, on a separate matter, Ben Butler called and wants to get the Rutherford Farm deed (the. agreeable one) back as soon as possible. If you can sign and get it back to me, will coordinate John's signature. Thanks. ;e Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia co.frederick.va.us 4/28/2008 COUNTY of FREDERICK Department of Planning and Development MEMORANDUM 540/665-5651 FAX: 540/665-6395 TO: Frederick County Board of Supervisors FROM: Mark R. Cheran, Zoning Administrator"l�'"a -- RE: Revocation of Conditional Use Permit #09-04 for a Cottage Occupation for a Real Estate Brokerage Office DATE: April 2, 2008 The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #09-04 (applicable to Property Identification Numbers 52-A-56 and 52-A-55) for a cottage occupation as a real estate brokerage office on July 14, 2004, with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any one time. 3. Any proposed business sign shall conform to cottage occupation sign requirements, and shall not exceed four square -feet in size. 4. Any expansion or modification of facilities will require a new Conditional Use Permit. 5. Up to two temporary employees allowed. Since the approval of this CUP, staff has notified the applicant on numerous occasions of a violation of condition #3 regarding signs on the property. More specifically, the business sign posted on the property exceeds the allowable four square feet size requirement, resulting in a violation of their CUP. Staff also advised of concern with a second sign on the property which appeared to advertise a real estate office. On February 20, 2008, the Planning Commission recommended that the CUP be revoked because of the continuing violations. On March 12, 2008, the Board of Supervisors tabled action on the revocation for 30 days to enable the applicant to resolve the illegal sign concerns. Since the March 12, 2008, Board meeting, the applicant has removed the signs from the property, and has submitted a sketch of a proposed business sign that dimensionally complies with the CUP's cottage occupation sign requirement. Application for a sign permit has not been made at this time. In an effort to more affectively manage the signage permitted on this CUP site, staff would suggest that if the Board is inclined to allow the CUP to continue, that the Board revise CUP condition #3 to read: 3. Any proposed business sign shall conform to cottage occupation sign requirements, and shall not exceed four square -feet in size. Any other sign will not be allowed unless the cottage occupation sign is removed. (Sign to include real estate sign for applicant's property not to advertise Bayliss Realty Office.) Staff is available should you have questions. Thank you. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Frederick County Board of Supervisors Re: Revocation of CUP #09-04 for Real Estate Brokerage Office April 2, 2008 Supplemental Information on Case History Violation of Conditions: Staff received a complaint regarding violations of the CUP #09-04 with regards to size and number of signs located on the property. The property has two signs located on the property, which do not meet the requirements of Condition 3 of Conditional Use Permit #09-04. Staff has met with the property owner and discussed the sign issue in order to bring the property into compliance with the conditions of the Conditional Use Permit. A third letter of revocation was sent to the property owner most recently on December 12, 2007. Staff conclusions for the 02/20/08 Planning Commission Meeting: The holder of Conditional Use Permit #09-04 is in violation of the above -referenced conditions with regards to the size and number of signs on the property. Summary and Action of the Planning Commission meeting on 02/20/08: The applicant and his legal counsel stated that the property on which the CUP was granted (PIN 52-A-56) does not have a sign at this time; however, his adjoining property (PIN 52-A-55) contains a realty sign advertising the sale of his residence. The Planning Commission noted that the applicant applied for both properties under his CUP application. Commission members believed the existing sign had the appearance of a sign advertising Mr. Bayliss' business, rather than a "For Sale" sign because it contained a directional arrow with the word, "office." In addition, the sign exceeded the size limitation of four square -feet. They questioned whether it was an off -premises business sign, which would require a CUP. Commissioners suggested the applicant place an appropriately -sized business sign onto the property for which the original CUP was granted (PIN 52-A- 56) and place a typical For -Sale sign on the adjacent property (PIN 52-A-55) advertising the sale of his residence. The applicant contended that the existing sign was no different than any realty sign posted in Frederick County. There were no public comments. The Planning Commission unanimously recommended that CUP #09- 04 of James and Barbara Bayliss be revoked due to a violation of the conditions of the permit, specifically regarding the size of the sign and the appearance of an off -premise business sign. (Note: Commissioner Manuel abstained; Commissioners Ambrogi, Triplett, and Mohn were absent from the meeting.) Staff Comments for Board of Supervisors Meeting March 12, 2008: The applicant was cited for an illegal business and sign (s) on April 5, 2004. The applicant applied for a Conditional Use Permit (CUP #09-04) for a cottage occupation on the property, to bring the property into compliance with the Frederick County Zoning Ordinance. At the June 2, 2004 Planning Commission meeting, members explained to the applicant about the size requirements for a cottage occupation sign, which is two feet -by -two feet, not four feet -by -four feet. The applicant acknowledged that the current sign was too large and would modify any sign to meet the Page 3 Frederick County Board of Supervisors Re: Revocation of CUP #09-04 for Real Estate Brokerage Office April 2, 2008 requirements of a cottage occupation sign. This CUP was approved by the Board of Supervisors on July 14, 2004. Staff received complaints with regards to the size and the number of signs located on the property. Staff met with and notified the applicant via certified mail that the applicant was in violation of the conditions placed on CUP # 09-04. The applicant has not removed the sign (s) and was scheduled for revocation of CUP #09-04. As noted above, the'Planning Commission at their February 20, 2008 meeting voted for revocation of CUP #09-04. Staff has included attachments associated with CUP #09-04 for your review. Summary and Action of the Board of Supervisors meeting on 03/12/08: Mr. Cheran presented the staff report stating that Mr. Bayliss is not in compliance with requirement #3 of his CUP regarding size and number of signs located on the property. Mr. Bayliss acknowledged that the sign in question did exceed four square feet and he asked the Board for a 30 day extension so he could work with Mr. Cheran because he wanted to have a real estate sign in addition to the sign allowed by the CUP. Some of the Supervisors had concerns because this issue has been going on for three and a half years and it is obvious what needs to be done to bring the sign issue into compliance. The Board determined that no signs are to be placed on the property until approved by the Zoning Administrator and Mr. Bayliss is in compliance with CUP #09-04. The Board tabled action of the revocation for 30 days. Update since 3/12/08 Board meeting: The applicant has since submitted to staff a sign plan that meets the cottage occupation sign requirements. Staff suggests a revision to Condition #3 to enable the continued use of the CUP with the stipulations that only one sign shall be on the CUP property (identified by PIN 52-A-56 and 52-A-55) at any given time. MRC/bad Attachments Jim Bayliss 540 662-9216 OFFICE 2.25" 2m5" 2If 0 24 " x 24" CUP # 09 - 04 // James & Barbara Bayliss i 52 A 57 MILLER 52 A 63 SILVER LAKE LLC 52 A 56 BAYLISS / — -- - ---_ 52 A 63 SILVER LAKE LLC 52 A 55 50 BAYLISS 52 A 166 GATHER 660 MAP FEATURES ^� Primary Roads secondary Roads Tertiary Roads Parcel Lines a ` �' City / Town Bounday SL� j 10 CUPp09-04 5025 0 50 100 150 Feet Created by Frederick County Department of Planning & Development rr This map is for general reference and is not to be construed as accurate. Locate actual property documents on file with the Frederick County Clerks Office. s 52-A 52-A- Hin 50 11 CUP # 09 - 04 // James & Barbara Bayliss 11 MAP FEATURES Primary Roads Secondary Roads Terciary Roads 7-2 0 City / Town Bounday �? CUP#09-04 5025 0 50 100 150 Feet Created by Frederick County Department of Planning & Development N This map is for general reference and is not to be construed as accurate. Locate actual property documents on f le with the Frederick County Clerk's Office. s c` 52-A-� 52-A- �r°e S ,tea Northwexle P � 12 Hill 50 0 ti i f E= Its 1 1 • 1. -,V.�, a - 11. 7.2007 I 11-27-2007 0 0 James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 February 18, 2008 Chairperson and Members Frederick County Planning Commission 107 Kent Street Winchester, VA 22601 RE: Revocation Hearing of CUP 09-04 Dear Chairperson and Members: I am most concerned that I found myself facing a hearing that could affect my ability to earn a living with a matter that I understood was resolved. I have been charged with two (2) violations of the conditions of my CUP # 09-04, I will respond to them as follows: Allegation of too many signs on my property and signs too large: The reason that there was two signs on my property from the period of January 21, 2007 — February 7, 2008 are as follows: 1) One of the signs is a real estate for sale sign on my property with the Pin ID # 52-A-55. This is not the property for which my CUP permit #09-04 was approved by The Frederick County Board of Supervisors on July 14, 2004. My permit was issued for a separate piece of property on which my home and office are located, that property is identified by PIN ID # 52- A-56 and I am enclosing a copy of the approval letter dated July 15, 2004 from Mr. Mark Cheran, Interim & Subdivision Administration to verify this statement. 2) On January 19, 2007 Mr. Mark Cheran and a female associate from the planning department visited my home/office and after discussing several options that Mr. Cheran assured me would resolve the dispute between The Frederick County Planning Department and myself. Mr. Cheran stated that I should put up a smaller sign that would be in compliance for the permit. I showed Mr. Cheran and his associate a sign I felt would be in compliance and he and his associate agreed it would be in compliance. We (Mr. Cheran, his associate & I) then walked down the driveway to where, Mr. Cheran showed me the area that he recommended the sign be erected. Mr. Cheran also stated that this sign would be on the property of where my CUP permit was issued and the other sign would be a real estate/offsite sign and by doing this would put me in total compliance. The sign was erected as agreed upon within 2 days. I had no further contact or complaints from Mr. Cheran until December 12, 2007 when I received a letter threatening to revoke my CUP permit. I phoned Mr. Cheran twice after receiving this letter and was only able to reach his voicemail. I left messages asking what the issue was with permit but my calls were never returned. In our discussion on January 19, 2007 Mr. Cheran said he had received complaints about my sign, I asked him numerous times who this person was,not to cause problems but to address this person's concerns. Mr. Cheran would never give me the name of the person making the complaint. I have since been told by a County employee that the person making the complaint was a member of the Planning Commission. 3) As further evidence of the validity of my statements, I am enclosing an aerial tax map showing the two separate parcels of land in question and that my real estate sign is located Offsite of the property for which my CUP permit was issued. I am also enclosing copies of letters from Mr. Cheran and my written responses to show that I have always tried to cooperate with the Planning Department on this matter. I believe this letter setting forth my defense and other evidence I am submitting to you will prove that I am not now or have I ever been in violation of the conditions of my Conditional Use Permit and that I have cooperated with the Planning Dept. to try to resolve this issue. If the information that I was given is correct, that it is indeed a member of the Planning Commission that has been making these complaints, I respectfully suggest to the other members of the Planning Commission that you obtain the name of the person who is making these complaints to ascertain if these are legitimate complaints or if this person is using County time and assets for personal reasons. I have always felt and still do feel that the great majority of government workers and the people that serve on government Commissions and on our local government Board of Supervisors are dedicated hardworking and honest people. I respectfully request that my Conditional Use Permit be evaluated objectively and in the best traditions of our County of which we are all proud. Respectfully, A 6/ James A. Bayliss Enc: COUNM K Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 July 15, 2004 James A. and Barbara V. Bayliss 2680 Northwestern Pike Winchester, VA 22603 RE.: CUP #09-04 for Cottage Occupation - Real Estate Brokerage T operty-Identif cation -Number _52=A=S6; Dear Mr. and Mrs. Bayliss: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 14, 2004. Your Conditional Use Permit #09-04 for a Cottage Occupation - Real Estate Brokerage, was approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any one time on site. Any proposed business signs shall conform to cottage occupation sign requirements; and, shall not exceed four square feet in size. 4. Any expansion or modification will require approval of a new conditional use permit. 5. Up to two temporary employees allowed. If you have any questions regarding this action, please feel free to call this office. Sincerely. Mark R. Cheran Interim Zoning & Subdivision Administrator MRC/bad cc: teary W. Dove, Gainesboro District Supervisor �Cieorge Kriz and�les Triplett, Gainesboro Planning Commissioners rae Anderson, Real Estate _-JC-�mmissioner of Revenue 107 North Kent Street - Winchester, Virginia 22601-5000 County Kiosk: Powered By *ance 4.2.1 - TDC Group Inc Current Map Tool: Recenter Click or drag the map to pan. Search This Map Roads Tax Map Address Address House Number: 2680 Street Name: Northwestern Pike Property Owner Subdivision Overview Map R � r 4 y tr / Map Legend ,A/ Roads U Bufkfings Parcels County Boundary Towns Contour Labels 2001 Aerial Photography Customize This Map BASE MAP: contact Dept. of GIS 540- 665.5614 ❑v Roads Q Parcels County Boundary ( Towns F Buildings ❑ Subdivisions n 2006 Aerial Photography PLANNING: contact Dept. of Planning and Developement 540-665-5651 E. Proposed Eastern Rt. 37 [_ Community Centers ❑ Sewer water Service Area Urban Developement Area ❑ Agricultural Districts Long Range Plan [J- Zonning ENVIROMENTAL: contact Dept. of GIS 540-665-5614 ❑ Streams r Lakes Ponds Frederick County Soil Types Geology ^dex Contours : oelowr Labels tw nedtate Contours —CAL ccr tact Dept of GIS 540- - =card a Ptaxs va?sto a Drsti:s Page 1 of 1 entiacatton Number.,._ _ a0wners Name Physkal Houw NumMr.__ �Phyakal.She�t Nama.T, .BAYLISS JAME5A 2680 ,NORTHWESTERN PIKE Zoom 7o Result Set Prev Current Page: [1]out o41] Next ��� ��7- 0 rJ http: gis.co.frederick.va.us/Freeance/Client/PublicKioskl/index.html?appconfig=Political 2/17/2008 AGENDA • FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia February 20, 2008 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adoptthe Agenda for the meeting............................................................................ (no tab) 2) December 19, 2007 Minutes............................................................................................ (A) 3) Committee Reports.................................................................................................. (no tab) 4) . Citizen Comments.....:.............................................................................................. (no tab) PUBLIC HEARING 5) 2008-2009 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. The Plan is created as an informational document to assist in the development of the County's annual budget. If adopted, the CIP is a component of the Comprehensive Policy Plan. Mr. Ruddy....................................................................................................................... (B) 6) Revocation of Conditional Use Permit #09-04 of James and Barbara Bayliss. This Conditional Use Permit is being revoked due to the size and number of signs on the property. The property is located at 2680 Northwestern Pike (Route 50 V) and is identified with Property Identification Numbers 52-A-55 and 52-A-56 in the Gainesboro Magisterial District. Mr. Cheran....................................................................................................................... (C) 7) Ordinance Amendment — Dedication of Right -of -Way — Proposed revision to the Frederick County Subdivision Ordinance, § 144-17E — Expansion of existing right-of-way. Mrs. Perkins..................................................................................................................... (D) 8) Ordinance Amendment — Handicap Accessible Ramps Proposed revision to the Frederick County Zoning Ordinance § 165-23F - Setback Requirements. Mrs. Perkins......................................................................................:.............................. (E) 9;) Ordinance Amendment — Trash Storage and Screening Requirements — Proposed revision to theFrederickCounty Zoning Ordinance § 165-47 — Landfills, junkyards and inoperable -�-ehicles. lrs. Perkins..................................................................................................................... �) ��� z O&rer COUNTY of FREDERICK Department of Planning and Development 540/G65-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 8, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REVOCATION OF CONDITIONAL USE PERMIT APPLICATION #09-04 OF JAMES AND On behalf of the Frederick Planning Commission, you are hereby notified of a public hearing being held on Wednesday, February 20, 2008, 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 #09-04 for James and Barbara Bayliss. This Conditional Use Permit is being revoked due to the size and number of signs on the property. The property is located at 2680 Northwestern Pike (Route 50 W), and is identified with Property Identification Numbers 52 .A-55 and 52-A-56 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda 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. Information regarding this application will also be available via the Planning Department's website at Arww.co.frederick.va.us. Sincerely, Mark R. Cheran Zoning Adminisuator MRClbad 107 North Rent Street, Suite 202 - lWinchester, Virginia 22601-5000 0 CERTIFIED MAIL February 7, 2008 Mr. James Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 9 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: 2680 Northwestern Pike _Property_ Identification Number (PIN):-52-A-56� Zoning District: RA (Rural Areas) Dear Mr. Bayliss: This letter is in reference to your telephone call of February 5, 2008 and the letter you sent to this office for a Freedom of Information Act (FOIA) request with regards to your violations of Conditional Use Permit (CUP) #09-04. Violations of the Frederick County Zoning Ordinance are not subject to the provisions of the FOIA with regards to the information of the complainant. Furthermore, Conditional Use Permits are a legislative action and may be revoked by the Frederick. County Board of Supervisors for any violation of the conditions of the CUP. As my letter to you dated December 12, 2007, stated, "This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing, due to violations of the conditions placed on CUP #09-04. You will receive further notice from this office in regards to the time and location of this public hearing". You are scheduled for revocation of your CUP on February 20, 2008, and you will receive notice of the public hearing via letter which will be mailed on Februar-y 8, 2008. Our procedure for hearing items is to advertise the item on the two Wednesdays prior to the Planning Commission meeting. The agenda is mailed to the Planning Commission on Friday after the first ad runs, as well as the owner/applicant and adjoiner letters. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Mark R. Cheran ZGrkg. Ad&--ninitor RCS' M- 107 North Bent -Street, Suite 202 • Winchester, Virginia 22601-5000 Certified Letter #7001 2510 0001 1951 6069 February 7, 2008 James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 Mr. Mark Cheran Frederick County Dept. Of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601-5000 Re: Conditional Use Permit (CUP) # 09-04 Dear Mark: While reading the Winchester Star newspaper yesterday, I was drawn to a Public Hearing Notice that in part read that the Frederick County Planning Commission was holding a hearing on February 20, 2008 to revoke my CUP for the reasons that there were too many signs on my property and one sign was too large and I would like to respond as follows: 1.) I have never been notified orally or in writing that a date and time was set for this hearing. I first learned of this hearing by reading the Winchester Star. Is this normal procedure for your office? 2.) Today I am removing the one sign that you and your associate reccomended last year that I erect to be in compliance with County Regulations. This should solve the one cause of "Too many signs that you had listed in the Public Hearing Notice published in the Winchester Star on February 6, 2008. 3.) The only sign now existing on my property is the real estate sign that indicates that my property is for sale. I do not believe that the County regulates the size or the contents of a real estate "for sale" sign. If I am wrong please let me know and I will immediately correct the problem. 4.) 1 hereby request that you notify me in writing of any specific violations that would now put me in violation of my Conditional Use Permit. I ask for this in writing because I have learned from past experience with you, that reccomendations and directions that you have orally given to me in the past does not solve this problem. I am willing to cooperate with your office and Frederick County to lawfully solve this problem once and for all. Thank you for your anticipated attention and written reply. -.-----,Sincerely. ..fames A. Bayliss 1 opeclal fvouces 1 Special Notices �`'`. NOTICE OF �'` PUBLIC HEARING The Frederick County Planning Commissio will hold a public hearing on Wednesday February 20, 2008 at 7:00 p.m., in the Boan Room of the Frederick County Administratioi Building at 107 North Kent Street, Winchester Virginia, to consider the following: PUBLIC HEARING 2008-2009 Capital Improvement Plan (CIP), The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. The Plan is created as an informa- tional document to assist in the development of the County's annual budget. If adopted, the CIP is a component of the Comprehensive Policy Plan. Revocation of Conditional Use Permit #09- 04 of James and Barbara Bayliss. This Con- ditional Use Permit is being revoked due to the size and number of signs on the property. The property is located at 2680 Northwestern Pike (Route 50 W) and is identified with Property Identification Numbers 52-A-55 and 52-A-56 in the Gainesboro Magisterial District. Ordinance Amendment — Dedication of Right -of -Way — Proposed revision to the Fred- erick County Subdivision Ordinance, §144-17E — Expansion of existing right-of-way. Ordinance Amendment — Handicap Acces- sible Ramps — Proposed revision to the Fred- erick County Zoning Ordinance §165-23F — Setback Requirements. Ordinance Amendment — Trash Storage and Screening Requirements — Proposed revision to the Frederick County Zoning Ordi- nance §165-47 — Landfills, junkyards and inop- erable vehicles. Interested citizens may appear before the Commission to speak on the above items. A -opy of the agenda will be available at the -landley Library and the Bowman Library the. week of the meeting. Further information may >e obtained at the Department of Planning and development, 107 North Kent Street, Win- :hester, Virginia, or by calling (540) 665-5651. 'ou can also visit us on the web at: iww.co.frederick.va.us. • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 MEMORANDUM FAX: 540/665-6395 TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning Administrator �--- RE: Revocation of Conditional Use Permit #09-04 for a Cottage Occupation for a Real Estate Brokerage Office DATE: February 4, 2008 The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #09-04 for a cottage occupation as a real estate brokerage office on July 14, 2004, with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any one time. 3. Any proposed business sign shall conform to cottage occupation sign requirements, and shall not exceed four square feet in size. 4. Any expansion or modification of facilities will require a new Conditional Use Permit. 5. Up to two temporary employees allowed. Violation of Conditions: Staff received a complaint regarding violations of the CUP #09-04 with regards to size and number of signs located on the property. The property has two (2) signs located on the property, with the signs not meeting the requirements of Condition 3 of Conditional Use Permit #09-04. Staff has met with the property owner and discussed the signage issue in order to bring the property into compliance with the conditions of the Conditional Use Permit. A letter of revocation was sent to the property owner December 12, 2007. Staff conclusions for the 02/20/08 Planning Commission Meeting: The holder of Conditional Use Permit #09-04 is in violation of the above -referenced conditions with regards to the size and number of signs on the property. A recommendation from the Planning Commission for revocation of Conditional Use Permit #09-04 would be appropriate. This recommendation will be forwarded to the Board of Supervisor for their consideration. 107 North Kent Street, Suite 202 * Winchester, Virginia 22601-5000 Certified Mail # 7001 2510 0001 1951 6994 January 25, 2007 James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 County Of Frederick Dept. Of Planning & Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Attn: Mr. Mark R. Cheran Dear Mark: In reply to your certified letter dated January 17, 2007, 1 would like to respond as follows: 1.) 1 previously responded via certified mail to this same issue last year and after several telephone conversations with you last year regarding this matter, I felt that this matter had been settled. 2.) 1 do not feel that I am in violation of my conditional Use Permit (CUP)# 09-04 because the sign size that identifies my office does not exceed 4 square feet. It is attached to a larger For Sale sign on my property. To the best of my knowledge, Frederick County does not have a re- striction on the size of real estate For Sale signs. 3.) As I stated to you in my certified letter to you last year in regard to this same matter and in my telephone conversations with you last year, I will be glad to have a smaller seperate Office Sign made and erected if you so desire and if this will resolve this matter, but I still intend to use the existing For Sale Sign to indicate that my property is for sale. Would please let me know in writing if this would be acceptable? 4.) Under the Federal Freedom Of Information Act, I hereby request that you provide me with a copy of these complaints and the idenity of the person(s) who have made these complaints this year and last year. Thank You! Sincerely, r Names a. Bayliss is Certified letter # 7001 2510 0001 1951 6014 December 18, 2007 James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 . Mr. Mark Cheran Zoning Administrator County Of Frederick Dept. of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601-5000 RE: Conditional Use Permit #09-04 Dear Mark: I received your certified letter dated December 12, 2007 and must admit that again I have received a letter from you again threatning to have my CUP permit scheduled for revocation at the earliest public hearing and I would like to reply as follows: (1) When I last met with you and your associate at my office, we walked to the site where my sign was on my property and discussed what corrections I needed to make to my sign to be in total compliance with County regulations. (2) It was your associate and your suggestion that I remove the top "Office" part of my for sale sign and erect a smaller sign that were within County regulations. I asked you and your associate that if I modified one of my smaller "for sale" signs and used the word "Office" on it, if that would meet your requirements. After viewing and measuring the sign you stated that this would satisfy your requirements. I did exactly what you requested and now I receive another threatning letter from you. (3) I, again submit to you -that•my,signs. are -in total -compliance with Frederick County reg- lations as the Larger sign is a For Sale sign and is not County regulated and the smaller Office sign is in total compliance with County regulations. I believe that under the Fed- eral Freedom of Information Act that I am entitled to know who originated the complaint that triggered your letter and I hereby request this information. Thank you for your prompt attention and response to this letter! Sincerely, a Jam es Bayliss • COUNTY of FREDERIC]K Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL December 12, 2.007 James and Barbara Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike `PropertyIderitificati®n Number (PIN): 52-A=56 � Zoning District: RA_ (Rural Areas) Dear Mr. and Ms. Bayliss: This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing, due to violations of the conditions placed on CUP #09-04. You will receive further notice from this office in regards to the time and location of this public hearing. 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 office has received complaints of violations of the conditions placed va:- Cvndl'tloiTc...i Use Permit #09-04, due to � alc... �i yvw Sagn .x."iii tliC:" i...u'211h.i" of Sigtio vu. tu.. property-. These violations have been ongoing. Staff has met with you on the property about these violations. I have enclosed a copy of the conditions placed on CUP #09-04. Please contact me regarding any questions that you may have at (540) 665-5651. Since -rely. . C Bran Zonine :administrator Enclosure NIRCldIN-v 107 North Kent Street, Suite 202 • i4'inchester, Virginia 22601-5000 CERTIFIED MAIL April 10, 2006 Mr. Mark R. Cheran Zoning Administrator County Of Frederick Dept. Of Planning & Development 107 North kent Street, Suite 202 Winchester, VA 22601-5000 Dear Mr. Cheran: In reply to your certified letter dated April 3, 2006 that I received on April 7, 2006 that in brief threatened to schedule a hearing to revoke my Conditional Use Permit #09-04 due to complaints that you stated you had received in regard to the size of my sign, I would like to respond as follows: 1.) I do not believe that I am in violation of the conditions placed upon my conditional use permit. The sign that indicates that this is an Office is a 6" X 24" sign that reads "Office". 2.) 1 do not believe that there is a size limit on real estate signs on property that are for sale and since my property at 2680 Northwestern Pike is for sale, and my sign is being used to indicate that my property is for sale, I do not believe that this sign is in violation of my Conditional Use Permit. 3.) 1 would like to request that you or someone from your office visit the area of my sign and verify that This real estate sign is not in violation of my Conditional Use Permit. 4.) Since this is a matter of public record, I would request the Names of the person(s) who have made the complaints about my sign. Thank you for your attention to this matter and I will await your reply! Sincerely yours; James A, Bayliss 2680 Northwestern Pike Winchester, VA 22603 540-662-9216 540-662-9585 jimbayliss@msn.com 877-662-9216 Toll Free COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL April 3, 2006 James and Barbara Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern -Pike _ Property Identification Number (PIN): 52-A-56; Zoning District: RA (Rural Areas) -- -- - -" Dear Mr. and Ms. Bayliss: This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing due to violations of the conditions placed on CUP 09-04. You will receive further notice from this office in regards to the time and location of this public hearing. 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 office has received complaints of violations of the conditions placed on Conditional Use Permit #09-94, due to the size of your sign. I have included a copy of the conditions placed --n this CUP. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator Enclosure MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Mark R. Cheran, Zoning Administrator /IA - RE: Revocation of Conditional Use Permit #09-04 for a Cottage Occupation for a Real Estate Brokerage Office DATE: February 26, 2008 The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #09-04 for a cottage occupation as a real estate brokerage office on July 14, 2004, with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any one time. 3. Any proposed business sign shall conform to cottage occupation sign requirements, and shall not exceed four square -feet in size. J 4. Any expansion or modification of facilities will require a new Conditional Use Permit. Up to two temporary employees allowed. Violation of Conditions: Staff received a complaint regarding violations of the CUP #09-04 with regards to size and number of signs located on the property. The property has two signs located on the property, which do not meet the requirements of Condition 3 of Conditional Use Permit #09-04. Staff has met with the property owner and discussed the sign issue in order to bring the property into compliance with the conditions of the Conditional Use Permit. A letter of revocation was sent to the property owner on December 12, 2007. Staff conclusions for the 02/20/08 Planning Commission Meeting: The holder of Conditional Use Permit #09-04 is in violation of the above -referenced conditions with regards to the size and number of signs on the property. Summary and Action of the Planning Commission meeting on 02/20/08: The applicant and his legal counsel stated that the property on which the CUP was granted (PIN 52-A-56) does not have a sign at this time; however, his adjoining property (PIN 52-A-55) contains a realty sign advertising the sale of his residence. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 Page 2 Frederick County Board of Supervisors Re: Revocation of CUP #09-04 for Real Estate Brokerage Office February 26, 2008 The Planning Commission noted that the applicant applied for both properties under his CUP application. Commission members believed the existing sign had the appearance of a sign advertising Mr. Bayliss' business, rather than a "For Sale" sign because it contained a directional arrow with the word, "office." In addition, the sign exceeded the size limitation of four square -feet. They questioned whether it was an off -premises business sign, which would require a CUP. Commissioners suggested the applicant place an appropriately -sized business sign onto the property for which the original CUP was granted (PIN 52-A-56) and place a typical For -Sale sign on the adjacent property (PIN 52-A-55) advertising the sale of his residence. The applicant contended that the existing sign was no different than any realty sign posted in Frederick County. There were no public comments. The Planning Commission unanimously recommended that CUP #09-04 of James and Barbara Bayliss be revoked due to a violation of the conditions of the permit, specifically regarding the size of the sign and the appearance of an off -premise business sign. (Note: Commissioner Manuel abstained; Commissioners Ambrogi, Triplett, and Mohn were absent from the meeting.) Staff Comments for Board of Supervisors Meeting March 27, 2008: The applicant was cited for an illegal business and sign (s) on April 5, 2004. The applicant applied for a Conditional Use Permit (CUP #09-04) for a cottage occupation on the property, to bring the property into compliance with the Frederick County Zoning Ordinance. At the June 2, 2004 Planning Commission meeting, members explained to the applicant about the size requirements for a cottage occupation sign, which is two feet -by -two feet, not four feet -by -four feet. The applicant acknowledged that the current sign was too large and would modify any sign to meet the requirements of a cottage occupation sign. This CUP was approved by the Board of Supervisors on July 14, 2004. Staff received complaints with regards to the size and the number of signs located on the property. Staff met with and notified the applicant via certified mail that the applicant was in violation of the conditions placed on CUP # 09-04. The applicant has not removed the sign (s) and was scheduled for revocation of CUP #09-04. As noted above, the Planning Commission at their February 20, 2008 meeting voted for revocation of CUP #09-04. Staff has included attachments associated with CUP #09-04 for your review. MRC/rsa Attachments n I March 26, 2008 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REVOCATION OF CONDITIONAL USE PERMIT APPLICATION #09-04 OF JAMES AND BARBARA BAYLISS On behalf of the Frederick Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, April 9, 2008, 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: Revocation of Conditional Use Permit #09-04 for James and Barbara Bayliss. This Conditional Use Permit is being revoked due to the size and number of signs on the property. The property is located at 2680 Northwestern Pike (Route 50 W), and is identified with Property Identification Numbers 52-A-55 and 52-A-56 in the Gainesboro Magisterial District. A copy of the agenda 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. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. . Sincerely, Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to ce ify tat the attached correspondence was mailed to the following on o from the Department of Planning and Development, Frederick County, Virginia: James A. Bayliss PO Box 1816 Winchester, VA 22604 C. L. Robinson c/o F&M Bank Winchester 9 Court Square Winchester, VA 22601 Clarence & Viva Cather 2691 Northwestern Pike Winchester,VA 22603 Silver Lake, LLC c/o James Wilkins III 13 S. Loudoun St: Winchester, VA 22601 Audrey Miller 2696 Northwestern Pike Winchester, VA 22603 Philip & Diana Haines 675 Poorhouse Rd. Winchester, VA 22603 STATE OF VIRGINIA COUNTY OF_FREDERICK [ark R. Cheran, Zoning & Subdivision Administrator ,ederick County Planning Department I, 4dereby a Notary Public in and for the State and County aforesaiJd, certify that - rk R. Cheran, Zoning & Subdivision Administrator for the Depart nt of Planning and Development, whose name is signed to the foregoing, dated Z7 ly, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this o-(O; ' day of ���z O? L�os My commission expires on s NOTARY. BLIC ✓ srwggy lI. UC:i.I.I9dCC:f2 N6TARYID # 331878 NOTARY PUBLIC COMMONWEAL"fH OF VI(IGIIIIA i' MY COMMISSION EXPIRE.s JULY 31 J2lll,l^ ` I� C� is James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 February 18, 2008 Chairperson and Members Frederick County Planning Commission 107 Kent Street Winchester, VA 22601 RE: Revocation Hearing of CUP 09-04 Dear Chairperson and Members: I am most concerned that I found myself facing a hearing that could affect my ability to earn a living with a matter that I understood was resolved. I have been charged with two (2) violations of the conditions of my CUP # 09-04, I will respond to them as follows: Allegation of too many signs on my property and signs too large: The reason that there was two signs on my property from the period of January 21, 2007 — February 7, 2008 are as follows: 1) One of the signs is a real estate for sale sign on my property with the Pin ID # 52-A-55. This is not the property for which my CUP permit #09-04 was approved by The Frederick County Board of Supervisors on July 14, 2004. My permit was issued for a separate piece of property on which my home and office are located, that property is identified by PIN ID # 52- A-56 and I am enclosing a copy of the approval letter dated July 15, 2004 from Mr. Mark Cheran, Interim & Subdivision Administration to verify this statement. 2) On January 19, 2007 Mr. Mark Cheran and a female associate from the planning department visited my home/office and after discussing several options that Mr. Cheran assured me would resolve the dispute between The Frederick County Planning Department and myself. Mr. Cheran stated that I should put up a smaller sign that would be in compliance for the permit. I showed Mr, Cheran and his associate a sign I felt would be in compliance and he and his associate agreed it would be in compliance. We (Mr. Cheran, his associate & I) then walked down the driveway to where, Mr. Cheran showed me the area that he recommended the sign be erected. Mr. Cheran also stated that this sign would be on the property of where my CUP permit was issued and the other sign would be a real estate/offsite sign and by doing this would put me in total compliance. The sign was erected as agreed upon within 2 days. I had no further contact or complaints from Mr. Cheran until December 12, 2007 when I received a letter threatening to revoke my CUP permit. I phoned Mr. Cheran twice after receiving this letter and was only able to reach his voicemail. I left messages asking what the issue was with permit but my calls were never returned. In our discussion on January 19, 2007 Mr. Cheran said he had received complaints about my sign, I asked him numerous times who this person was,not to cause problems but to address this person's concerns. Mr. Cheran would never give me the name of the person making the complaint. I have since been told by a County employee that the person making the complaint was a member of the Planning Commission. 3) As further evidence of the validity of my statements, I am enclosing an aerial tax map showing the two separate parcels of land in question and that my real estate sign is located Offsite of the property for which my CUP permit was issued. I am also enclosing copies of letters from Mr. Cheran and my written responses to show that I have always tried to cooperate with the Planning Department on this matter. I believe this letter setting forth my defense and other evidence I am submitting to you will prove that I am not now or have I ever been in violation of the conditions of my Conditional Use Permit and that I have cooperated with the Planning Dept. to try to resolve this issue. If the information that I was given is correct, that it is indeed a member of the Planning Commission that has been making these complaints, I respectfully suggest to the other members of the Planning Commission that you obtain the name of the person who is making these complaints to ascertain if these are legitimate complaints or if this person is using County time and assets for personal reasons. I have always felt and still do feel that the great majority of government workers and the people that serve on government Commissions and on our local government Board of Supervisors are dedicated hardworking and honest people. I respectfully request that my Conditional Use Permit be evaluated objectively and in the best traditions of our County of which we are all proud. Respectfully, P'/Ja mes A. Bayliss Enc: CO UN o o K Department of Planning and Development 540/665-5651 FAX: 540/665-6395 July 15, 2004 James A. and Barbara V. Bayliss 2680 Northwestern Pike Winchester, VA 22603 RE: CUP #09-04 for Cottage Occupation - Real Estate Brokerage (Proper-ty Ideatificatiori Number 52-A-56 Dear Mr. and Mrs. Bayliss: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 14, 2004. Your Conditional Use Permit 409-04 for a Cottage Occupation - Real Estate Brokerage, was approved with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any one time on site. 3. Any proposed business signs shall conform to cottage occupation sign requirements; and, shall not exceed four square feet in size. 4. Any expansion or modification will require approval of a new conditional use permit. 5. Up to two temporary employees allowed. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Interim Zoning & Subdivision Administrator MRC/bad cc: teary W. Dove, Gainesboro District Supervisor /George Kriz andC-Ira'xles Triplett, Gainesboro Planning Commissioners —Ta'ne Anderson, Real Estate _,J,�,�mmissioner of Revenue 107 North Kent Street • Winchester, Virginia 22601-5000 County Kiosk: Powered By Feance 4.2.1 - TDC Group Inc. • Page 1 of 1 Current Map Tool: Recenter Click or drag the map to pan. Search This Map Roads Tax Map Address Address House Number. 2680 Street Name: Northwestern Pike Property Owner Subdivision Overview Map 1� LR c � r Map Legend Roads Buildings [F_1 Parcots County Boundary Towns Contour Labe Ls 2001 Aerial Photography Customize This Map BASE MAP: contact Dept of GIS 540. 665-5614 C Roads Q Parcels [vJ County Boundary (v Towns C Buildings Subdivisions r' 2006 Aerial Photography PLANNING: contact Dept. of Planning and Developement 540-665.5651 Proposed Eastern Rt. 37 Community Centers G7 Sewer Water Service Area (-J Urban Developement Area Agricultural Districts C Long Range Plan Zoning ENVIROMENTAL: contact Dept. of GIS 540.665-5614 Streams r Lakes Ponds Fradenck County Soil Types Geology ?dex Contours .� Co -lour Labels -'* -Kdate Contours y' --SA- co -tact Dept of GIS 540- �c55•c Maces Base Map Planning Enviromental Political -•/r it Si .J o i9 ham: 21s.co. frederick.va.us/Freeance/Client/PublicKioskl /index.html?appconfig=Political 2/17/2008 AGENDA r FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia February 20, 2008 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adoptthe Agenda for the meeting............................................................................ (no tab) 2) December 19, 2007 Minutes............................................................................................ (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) 2008-2009 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. The Plan is created as an informational document to assist in the development of the County's annual budget. If adopted, the CIP is a component of the Comprehensive Policy Plan. Mr. Ruddy........................................................................................................................ (B) 6) Revocation of Conditional Use Permit #09-04 of James and Barbara Bayliss. This Conditional Use Permit is being revoked due to the size and number of signs on the property. The property is located at 2680 Northwestern Pike (Route 50 W) and is identified with Property Identification Numbers 52-A-55 and 52-A-56 in the Gainesboro Magisterial District. Mr. Cheran....................................................................................................................... (C) 7) Ordinance Amendment — Dedication of Right -of -Way — Proposed revision to the Frederick County Subdivision Ordinance, § 144-17E — Expansion of existing right-of-way. Mrs. Perkins..................................................................................................................... (D) 8) Ordinance Amendment — Handicap Accessible Ramps Proposed revision to the Frederick County Zoning Ordinance § 165-23F — Setback Requirements. Mrs. Perkins..................................................................................................................... (E) 9) Ordinance Amendment — Trash Storage and Screening Requirements — Proposed revision to the Frederick County Zoning Ordinance § 165-47 — Landfills, junkyards and inoperable vehicles. Mrs. Perkins ........................................ ............. (F) ................................................................ 0 0. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING February 8, 2008 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REVOCATION OF CONDITIONAL USE PERMIT APPLICATION #09-04 OF JAMES AND On behalf of the Frederick Planning Commission, you are hereby notified of a public hearing being held on Wednesday, February 20, 2008, 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 #09-04 for James and Barbara Bayliss. This Conditional Use Permit is being revoked due to the size and number of signs on the property. The property is located at 2680 Northwestern Pike (Route 50 W), and is identified with Property Identification Numbers 52 :A-55 and 52-A-56 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda 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. Information regarding this application will also be available via the Planning Department's website at w-ww.co.frederick.va.us. Sincerely. Mark R. Cheran Zoning Administrator MRC bad 107 'north Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL February 7, 2008 Mr. James Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike Proper y_ld_entification-Nit er,(PIN)`=52-- 56. Zoning District: RA (Rural Areas) Dear Mr. Bayliss: This letter is in reference to your telephone call of February 5, 2008 and the letter you sent to this office for a Freedom of Information Act (FOIA) request with regards to your violations of Conditional Use Permit (CUP) #09-04. Violations of the Frederick County Zoning Ordinance are not subject to the provisions of the FOIA with regards to the information of the complainant. Furthermore, Conditional Use Permits are a legislative action and may be revoked by the Frederick. County Board of Supervisors for any violation of the conditions of the CUP. As my letter to you dated December 12, 2007, stated, "This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing, due to violations of the conditions placed on CUP #09-04. You will receive further notice from this office in regards to the time and location of this public hearing". You are scheduled for revocation of your CUP on February 20, 2008, and you will receive notice of the public hearing via letter which will be mailed on Februar-y 8; 2008. Our procedure for hearing items is to advertise the item on the two Wednesdays prior to the Planning Commission meeting. The agenda is mailed to the Planning Commission on Friday after the first ad runs, as well as the owner/applicant and adjoiner letters. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, rG Mark R. Cheran, Zt3P�2-Admnis-nssstraior RC;hd 107 North lent Street.. Suite 202 Ninchester, Virginia 22601-5000 • 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL February 7, 2008 Mr. James Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike {Property Identification Number (PIN).52-A-56 Zoning District: RA (Rural Areas) Dear Mr. Bayliss: This letter is in reference to your telephone call of February 5, 2008 and the letter you sent to this office for a Freedom of Information Act (FOIA) request with regards to your violations of Conditional Use Permit (CUP) #09-04. Violations of the Frederick County Zoning Ordinance are not subject to the provisions of the FOIA with regards to the information of the complainant. Furthermore, Conditional Use Permits are a legislative action and may be revoked by the Frederick. County Board of Supervisors for any violation of the conditions of the CUP. As my letter to you dated December 12, 2007, stated, "This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing, due to violations of the conditions placed on CUP #09-04. You will receive further notice from this office in regards to the time and location of this public hearing". You are scheduled for revocation of your CUP on February 20, 2008, and you will receive notice of the public hearing via letter which will be mailed on February 8, 2008. Our procedure for hearing items is to advertise the item on the two Wednesdays prior to the Planning Commission meeting. The agenda is mailed to the Planning Commission on Friday after the first ad runs, as well as the owner/applicant and adjoiner letters. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, r Nfarrk R. Cheran ZODI22 Adm:i:n stet—Loi. N IRC hd 107 North lent Street, Suite 202 • NN'inchester, Virginia 22601-5000 0 0 Certified Letter #7001 2510 0001 1951 6069 February 7, 2008 James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 Mr. Mark Cheran Frederick County Dept. Of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601-5000 Re: Conditional Use Permit (CUP) # 09-04 Dear Mark: While reading the Winchester Star newspaper yesterday, I was drawn to a Public Hearing Notice that in part read that the Frederick County Planning Commission was holding a hearing on February 20, 2008 to revoke my CUP for the reasons that there were too many signs on my property and one sign was too large and I would like to respond as follows: 1.) 1 have never been notified orally or in writing that a date and time was set for this hearing. I first learned of this hearing by reading the Winchester Star. Is this normal procedure for your office? 2.) Today I am removing the one sign that you and your associate reccomended last year that I erect to be in compliance with County Regulations. This should solve the one cause of "Too many signs that you had listed in the Public Hearing Notice published in the Winchester Star on February 6, 2008, 3.) The only sign now existing on my property is the real estate sign that indicates that my property is for sale. I do not believe that the County regulates the size or the contents of a real estate "for sale" sign. If I am wrong please let me know and I will immediately correct the problem. 4.) 1 hereby request that you notify me in writing of any specific violations that would now put me in violation of my Conditional Use Permit. I ask for this in writing because I have learned from past experience with you, that reccomendations and directions that you have orally given to me in the past does not solve this problem. I am willing to cooperate with your office and Frederick County to lawfully solve this problem once and for all. Thank you for your anticipated attention and written reply. Sincerely. ,flames A. Bayliss 1 apewal imouces r Special Notices NOTICE OF PUBLIC HEARING The Frederick County Planning Commissioi will hold a public hearing on Wednesday February 20, 2008 at 7:00 p.m., in the Boar( Room of the Frederick County Administratior Building at 107 North Kent Street, Winchester Virginia, to consider the following: PUBLIC HEARING 2008-2009 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. The Plan is created as an informa- tional document to assist in the development of the County's annual budget. If adopted, the CIP is a component of the Comprehensive Policy Plan. Revocation of Conditional Use Permit #09- 04 of James and Barbara Bayliss. This Con- ditional Use Permit is being revoked due to the size and number of signs on the property. The property is located at 2680 Northwestern Pike (Route 50 W) and is identified with Property Identification Numbers 52-A-55 and 52-A-56 in the Gainesboro Magisterial District. Ordinance Amendment — Dedication of Right -of -Way — Proposed revision to the Fred- erick County Subdivision Ordinance, §144-17E — Expansion of existing right-of-way. Ordinance Amendment — Handicap Acces- sible Ramps — Proposed revision to the Fred- erick County Zoning Ordinance §165-23F — Setback Requirements. Ordinance Amendment — Trash Storage and Screening Requirements — Proposed revision to the Frederick County Zoning Ordi- -iance §165-47 — Landfills, junkyards and inop- ?rable vehicles. Interested citizens may appear before the Commission to speak on the above items. A copy of the agenda will be available at the Handley Library and the Bowman Library the. week of the meeting. Further information may be obtained at the Department of Planning and Development, 107 North Kent Street, Win- chester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.0 - is COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 MEMORANDUM FAX: 540/665-6395 TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning Administrator�--- RE: Revocation of Conditional Use Permit #09-04 for a Cottage Occupation for a Real Estate Brokerage Office DATE: February 4, 2008 The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #09-04 for a cottage occupation as a real estate brokerage office on July 14, 2004, with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any one time. 3. Any proposed business sign shall conform to cottage occupation sign requirements, and shall not exceed four square feet in size. 4. Any expansion or modification of facilities will require a new Conditional Use Permit. 5. Up to two temporary employees allowed. Violation of Conditions: Staff received a complaint regarding violations of the CUP #09-04 with regards to size and number of signs located on the property. The property has two (2) signs located on the property. vvith the signs not meeting the requirements of Condition 3 of Conditional Use Permit #09-04. Staff has met with the property owner and discussed the signage issue in order to bring the property into compliance with the conditions of the Conditional Use Permit. A letter of revocation was sent to the property owner December 12, 2007. Staff conclusions for the 02/20/08 Planning Commission Meeting The holder of Conditional Use Permit #09-04 is in violation of the above -referenced conditions with regards to the size and number of signs on the property. A recommendation from the Planning Commission for revocation of Conditional Use Permit #09-04 would be appropriate. This recommendation will be forwarded to the Board of Supervisor for their consideration. 107 'north Bent Street, Suite 202 • Winchester, Virginia 22601-5000 0 10 Certified letter # 7001 2510 0001 1951 6014 December 18, 2007 James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 Mr. Mark Cheran Zoning Administrator County Of Frederick Dept. of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601-5000 RE: Conditional Use Permit #09-04 Dear Mark: I received your certified letter dated December 12, 2007 and must admit that again I have received a letter from you again threatning to have my CUP permit scheduled for revocation at the earliest public hearing and I would like to reply as follows: (1) When I last met with you and your associate at my office, we walked to the site where my sign was on my property and discussed what corrections I needed to make to my sign to be in total compliance with County regulations. (2) It was your associate and your suggestion that I remove the top "Office" part of my for sale sign and erect a smaller sign that were within County regulations. I asked you and your associate that if I modified one of my smaller "for sale" signs and used the word "Office" on it, if that would meet your requirements. After viewing and measuring the sign you stated that this would satisfy your requirements. I did exactly what you requested and now I receive another threatning letter from you. 3 I, again submit to you that m si ns are..-in.total.com compliance with Frederick Count re () 9 Y � y' g P� Y 9- lations as the Larger sign is a For Sale sign and is not County regulated and the smaller Office sign is in total compliance with County regulations. I believe that under the Fed- eral Freedom of Information Act that I am entitled to know who originated the complaint that triggered your letter and I hereby request this information. Thank you for your prompt attention and response to this letter! Sincerely, r James Bayliss Certified Mail # 7001 2510 0001 1951 5994 January 25, 2007 James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 County Of Frederick Dept. Of Planning & Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Attn: Mr. Mark R. Cheran Dear Mark: In reply to your certified letter dated January 17, 2007, 1 would like to respond as follows: 1.) 1 previously responded via certified mail to this same issue last year and after several telephone conversations with you last year regarding this matter, I felt that this matter had been settled. 2.) 1 do not feel that I am in violation of my conditional Use Permit (CUP)# 09-04 because the sign size that identifies my office does not exceed 4 square feet. It is attached to a larger For Sale sign on my property. To the best of my knowledge, Frederick County does not have a re- striction on the size of real estate For Sale signs. 3.) As I stated to you in my certified letter to you last year in regard to this same matter and in my telephone conversations with you last year, I will be glad to have a smaller seperate Office Sign made and erected if you so desire and if this will resolve this matter, but I still intend to use the existing For Sale Sign to indicate that my property is for sale. Would please let me know in writing if this would be acceptable? 4.) Under the Federal Freedom Of Information Act, I hereby request that you provide me with a copy of these complaints and the idenity of the person(s) who have made these complaints this year and last year. Thank You! Sincerely, ames a. Bayliss �M i COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL December 12, 2007 James and Barbara Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike Property Identification Nu`mb-er (PIN): 52-A=56 Zoning District:- RA(Rural-Areas)- - - Dear Mr. and Ms. Bayliss: This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing, due to violations of the conditions placed on CUP #09-04. You will receive further notice from this office in regards to the time and location of this public hearing. 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 office has received complaints of violations of the conditions placed o Ccrdltlonal Use Permit #09-04. due to the. s3z- of- ur"sign—and the-num'ber-of 3-gnS-O ilia rope . These violations have been ongoing. Staff has met with you on the property about these iolatiom. I have enclosed a copy of the conditions placed on CUP #09-04. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely. " C eran Zoning Administrator Enclosure N1RC/dlw 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 CERTIFIED MAIL April 10, 2006 Mr. Mark R. Cheran Zoning Administrator County Of Frederick Dept. Of Planning & Development 107 North kent Street, Suite 202 Winchester, VA 22601-5000 Dear Mr. Cheran: In reply to your certified letter dated April 3, 2006 that I received on April 7, 2006 that in brief threatened to schedule a hearing to revoke my Conditional Use Permit #09-04 due to complaints that you stated you had received in regard to the size of my sign, I would like to respond as follows: 1.) I do not believe that I am in violation of the conditions placed upon my conditional use permit. The sign that indicates that this is an Office is a 6" X 24" sign that reads "Office". 2.) 1 do not believe that there is a size limit on real estate signs on property that are for sale and since my property at 2680 Northwestern Pike is for sale, and my sign is being used to indicate that my property is for sale, I do not believe that this sign is in violation of my Conditional Use Permit. 3.) 1 would like to request that you or someone from your office visit the area of my sign and verify that This real estate sign is not in violation of my Conditional Use Permit. 4.) Since this is a matter of public record, I would request the Names of the person(s) who have made the complaints about my sign. Thank you for your attention to this matter and I will await your reply! Sincerely yours; James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 540-662-9216 540-662-9585 jimbayliss@msn.com 877-662-9216 Toll Free 0 • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401665-6395 CERTIFIED MAIL April 3, 2006 James and Barbara Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike rProp.erty ,Identification Number=(PIN) 52 A=56-= Zoning District: RA (Rural Areas) Dear Mr. and Ms. Bayliss: This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing due to violations of the conditions placed on CUP 09-04. You will receive further notice from this office in regards to the time and location of this public hearing. 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 ofthe conditions placed upon the Conditional Use Permit. This office has received complaints of violations of the conditions placed on Conditional Use Permit 409-94, due to the size of your sign. I have included a copy of the conditions placed on this CL P. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Nlark R. Cheran Zoning Administrator Enclosure MRC/bad 107 North Kent Street, Suite_202 - Winchester, Virginia 22601-5000 • • M Ak COPYC FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL February 7, 2008 Mr. James Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike Property Identification Number (PIN): 52-A-56 Zoning District: RA (Rural Areas) Dear Mr. Bayliss: This letter is in reference to your telephone call of February 5, 2008 and the letter you sent to this office for a Freedom of Information Act (FOIA) request with regards to your violations of Conditional Use Permit (CUP) #09-04. Violations of the Frederick County Zoning Ordinance are not subject to the provisions of the FOIA with regards to the information of the complainant. Furthermore, Conditional Use Permits are a legislative action and may be revoked by the Frederick County Board of Supervisors for any violation of the conditions of the CUP. As my letter to you dated December 12, 2007, stated, "This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing, due to violations of the conditions placed on CUP #09-04. You will receive further notice from this office in regards to the time and location of this public hearing". You are scheduled for revocation of your CUP on February 20, 2008, and you will receive notice of the public hearing via letter which will be mailed on February 8, 2008. Our procedure for hearing items is to advertise the item on the two Wednesdays prior to the Planning Commission meeting. The agenda is mailed to the Planning Commission on Friday after the first ad runs, as well as the owner/applicant and adjoiner letters. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • u ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. IN Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: James Bayliss 2680 Northwestern Pike Winchester, VA 22603 A. Received by (Please Print Clearly) I B. Date of Delivery C. Sig lure //__ El Agent X �'!� �� ❑ Addressee lydelivery address d' erent from item 1? ❑ Yes If YES, enter deliv, j y address below: ❑ No 3. Service Type $$Certified Mail ❑ Express Mail ❑ Registered XX Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) 7005 3110 0001 2607 0643 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 m - • r .. ED •FC , o Al N Postage $ Certified Fee Postmark ® 0 Return Receipt Fee (Endorsement Required) Here ) ED Restricted Delivery Fee (Endorsement Required) �O �l / rl M Total Postage & Fees Lrl tZI Sent To Ell--------------------------------- f� -------- Street ApP. No.; James -$ay -rss" or PO Box No. ___2_fj8.0— Mar tha IP-Ste--K17.- ik-P — City seal®,"ziP+a" Winchester, VA 22603 PS Foirn r June 2002 ti .01 04.12. @06`+ s ' ft a i MEOW IL Jw C 40662 Licensed Broker 7717�1 V P 04. 12-2006 �J Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL April 3, 2006 James and Barbara Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike Property Identification Number (PIN): 52-A-56 Zoning District: RA (Rural Areas) Dear Mr. and Ms. Bayliss: This letter is to inform you that your Conditional Use Permit (CUP) 409-04 is being scheduled for revocation at the earliest public hearing due to violations of the conditions placed on CUP 09-04. You will receive further notice from this office in regards to the time and location of this public hearing. 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 office has received complaints of violations of the conditions placed on Conditional Use Permit 409-94, due to the size of your sign. I have included a copy of the conditions placed on this CUP. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator Enclosure MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 U.S. Postal Servicew CERTIFIED MAIL,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) m 0 F F I Cp I A L Er Postage $ F-1 Certified Fee �j �/� E=l Return Reciept Fee Postmark (Endorsement Required) Here M Restricted Delivery Fee r-q (Endorsement Required) I 1:3 --, r-=1 Total Postage M — m Sent —To E3 Sreef,Apt. No.; James and Barbara BYliss or POEaxNq. 2690 Northwestern Pike City, State, ZIP+ Virginia 22603 ------ Winchester, PS Form 3800, June 2002 See Reverse for Instructions COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL January 17, 2007 James and Barbara Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike Property Identification Number (PIN): 52-A-56 Zoning District: RA (Rural Areas) Dear Mr. and Ms. Bayliss: This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing due to violations of the conditions placed on CUP 09-04. You will receive farther notice from this office in regards to the time and location of this public hearing. 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 office has received complaints of violations of the conditions placed on Conditional Use Permit #09-94, due to the size of your sign. I have included a copy of the conditions placed on this CUP. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, ark R. Cheran Zoning Administrator Enclosure MRC/bad bc: Gary Dove, Supervisor George Kriz & Charles Triplett, Commissioners 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 E COUN0o MUK Department of Planning and Development 5401665-5651 FAX:540/665-6395 July 15, 2004 James A. and Barbara V. Bayliss 2680 Northwestern Pike Winchester, VA 22603 RE: CUP 909-04 for Cottage Occupation - Real Estate Brokerage Property Identification Number 52-A-56 Dear Mr. and Mrs. Bayliss: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 14, 2004. Your Conditional Use Permit 409-04 for a Cottage Occupation - Real Estate Brokerage, was approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any one time on site. 3. Any proposed business signs shall conform to cottage occupation sign requirements; and, shall not exceed four square feet in size. 4. Any expansion or modification will require approval of a new conditional use permit. 5. Up to two temporary employees allowed. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Interim Zoning & Subdivision Administrator MRC/bad cc: teary W. Dove, Gainesboro District Supervisor eorge Kriz and axles Triplett, Gainesboro Planning Commissioners --ra—ne Anderson, Real Estate '�Gcfmmissioner of Revenue 107 North Kent Street • Winchester, Virginia 22601-5000 M Wj •. • a Er,. L USE m IT Postage $ Certified Fee Return Reciept Fee Postmark ere (Endorsement Required) O Restricted nt 'VeryFee ,q (Endorsement Requ red) ( // Total Postage S Fees m(� y� p Sen �Ls -- - --U�dJ �C��/ ----------- ----------- - f`- Street, Apt. Na.; or PO Box No. CityState.Z1P+4-------------------------------------------------------------------- • • � kq!ERICK .LC CERTIFIED MAIL February 7, 2008 Mr. James Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 RE: 2680 Northwestern Pike Property Identification Number (PIN): 52-A-56 Zoning District: RA (Rural Areas) Dear Mr. Bayliss: This letter is in reference to your telephone call of February 5, 2008 and the letter you sent to this office for a Freedom of Information Act (FOIA) request with regards to your violations of Conditional Use Permit (CUP) #09-04. Violations of the Frederick County Zoning Ordinance are not subject to the provisions of the FOIA with regards to the information of the complainant. Furthermore, Conditional Use Permits are a legislative action and may be revoked by the Frederick County Board of Supervisors for any violation of the conditions of the CUP. As my letter to you dated December 12, 2007, stated, "This letter is to inform you that your Conditional Use Permit (CUP) 409-04 is being scheduled for revocation at the earliest public hearing, due to violations of the conditions placed on CUP 409-04. You will receive further notice from this office in regards to the time and location of this public hearing". You are scheduled for revocation of your CUP on February 20, 2008, and you will receive notice of the public hearing via letter which will be mailed on February 8, 2008. Our procedure for hearing items is to advertise the item on the two Wednesdays prior to the Planning Commission meeting. The agenda is mailed to the Planning Commission on Friday after the first ad runs, as well as the owner/applicant and adjoiner letters. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • u ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: James Bayliss 2680 Northwestern Pike Winchester, VA 22603 A. Received by (Please Print Clearly) I B. Date of Delivery C. SIL /— ❑ Agent C* !�� \ ❑ Addressee KTdelivery address d' erent from item 1? ❑ Yes If YES. enter deliv u% address below: ❑ No 3. Service Type %$Certified Mail ❑ Express Mail ❑ Registered XX Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) 7005 31,1,E 0001 2607 0643 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 stal Service,,, F(DOE�estic FIED MAILT,, RECEIPT Mail Only; No Insurance Coverage Provided) ._�__ .............��. ,,,,� _.hI itP at wWw.usDs.COnr..; r- OFF ml n ru Postage $ Certified Fee 1=3 Return Receipt Fee t3 (Endorsement Required) E3 Restricted Delivery Fee (Endorsement Required) r-� X Postmark Here Coy M Total Postage & Fees Ln ED Sent To --------•--•-------•----3am�s--$a zss----- tti Street, ApP. No.; Y or PO Box No. (?$Q_.lkiJ;hJdP-SteaM-�1 -------------- city,siaie,z+P+a Winchester, VA 22603 PS Form 3800, June 2002 ti COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL January 17, 2007 James and Barbara Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike Property Identification Number (PIN): 52-A-56 Zoning District: RA (Rural Areas) Dear Mr. and Ms. Bayliss: This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing due to violations of the conditions placed on CUP 09-04. You will receive further notice from this office in regards to the time and location of this public hearing. 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 office has received complaints of violations of the conditions placed on Conditional Use Permit #09-94, due to the size of your sign. I have included a copy of the conditions placed on this CUP. Please contact me regarding any questions that you may have at (540) 665-5651. Zark ely, R. Cheran Zoning Administrator Enclosure MRC/bad bc: Gary Dove, Supervisor George Kriz & Charles Triplett, Commissioners 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • 0 m .. • For delivery - U OFFICIAL USE MI p IT' Postage $ p Certified Fee p p Return Reciept Fee Postmark !-lere (Endorsement Required) Cl Restricted Delivery Fes ,-9 (Endorsement Required) p r-R Total Postage & Fees $ Qm y� Sen�C��/9----(.l�.l,� lti S`trset, Apt. No.; JJ or PO Box No. City State, ZlX. • 01 COPY COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL December 12, 2007 James and Barbara Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike Property Identification Number (PIN): 52-A-56 Zoning District: RA (Rural Areas) Dear Mr. and Ms. Bayliss: This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing, due to violations of the conditions placed on CUP #09-04. You will receive further notice from this office in regards to the time and location of this public hearing. 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 office has received complaints of violations of the conditions placed on Conditional Use Permit #09-04, due to the size of your sign and the number of signs on the property. These violations have been ongoing. Staff has met with you on the property about these violations. I have enclosed a copy of the conditions placed on CUP #09-04. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, eran Zoning Administrator Enclosure MRC/dlw 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 11 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. & Mrs. James Bayliss 2680 Northwestern Pike Winchester, VA 22603 A. Signature X ❑ Agent ❑ Addressee eived by (Printed N e) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ,Certified Mail ❑ Express Mail ❑ Registered J'Retum Recel ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service taboo 7006 2760 0003 4408 3365 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL April 3, 2006 James and Barbara Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike Property Identification Number (PIN): 52-A-56 Zoning District: RA (Rural Areas) Dear Mr. and Ms. Bayliss: This letter is to inform you that your Conditional Use Permit (CUP) 409-04 is being scheduled for revocation at the earliest public hearing due to violations of the conditions placed on CUP 09-04. You will receive further notice from this office in regards to the time and location of this public hearing. 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 office has received complaints of violations of the conditions placed on Conditional Use Permit 909-94, due to the size of your sign. I have included a copy of the conditions placed on this CUP. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator Enclosure MRC/bad 107 North Bent Street, Suite 202 • Winchester, Virginia 22601-5000 U.S. Postal Servicew CERTIFIED MAILT. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) M1 OFFF cIAL URF M Er Postage $ r-1 Certified Fee �j �/� E:3 Return Reciept Fee Postmark (Endorsement Required) Here Restricted Delivery Fee 'N r-9 (Endorsement Required) M r-1 Total Postage M — =I gent —73 M James and Barb,, Bayliss 0.r . f�!x.O--- 2690 Northwestern Pike clty'siate'AX Winchester, Virginia 22601 t-a torm jauu, June 2002 See Reverse for Instruction. OFFICE �s .1.,o@0-, lop s. y r'j A J.' 04-12-2006 4 r� (P% d ca COUN o K Department of Planning and Development 540/665-5651 FAX: 540/665-6395 July 15, 2004 James A. and Barbara V. Bayliss 2680 Northwestern Pike Winchester, VA 22603 RE: CUP #09-04 for Cottage Occupation - Real Estate Brokerage Property Identification Number 52-A-56 Dear Mr. and Mrs. Bayliss: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 14, 2004. Your Conditional Use Permit #09-04 for a Cottage Occupation - Real Estate Brokerage, was approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any one time on site. 3. Any proposed business signs shall conform to cottage occupation sign requirements; and, shall not exceed four square feet in size. 4. Any expansion or modification will require approval of a new conditional use permit. 5. Up to two temporary employees allowed. If you have any questions regarding this action, please feel free to call this office. Sincerely, r Mark R. Cheran Interim Zoning & Subdivision Administrator MRC/bad cc: ,-Gary W. Dove, Gainesboro District Supervisor 1 eorge Kriz andGha'rles Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate _,G5mmissioner of Revenue 107 North Kent Street - Winchester, Virginia 22601-5000 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the X owner other) NAME: James A. & Barbara V. Bayliss ADDRESS: 2680 Northwestern Pike, Winchester, Virginia 22603 TELEPHONE 540-667-3983 Home 540-662-9216 Office 2. Please list all owners, occupants, or parties in interest of the property: James A. Ba liss Barbara V. Bayliss 3. The property is located at: (please give exact directions and include the route number of your road or street) Approx. 2 miles west of Winchester on Route 50 west on the north side of Route 50. Property address is 2680 Northwestern Pike, Winchester, VA 22603. Property address. -is on mailbox. 4. The property has a road frontage of 3 feet and a depth of 2.33,yy feet and consists ur _ acres. (Please be exact) 5. The property is owned by James A. & Barbara V. Bayliss evidenced by deed from Dona ay as recorded (previous owner) in deed book no. on page 3F , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. Ei. Tax(Parcel) Identification (I.D. )No. Magisterial District�z„ti s�3�o Current Zoning ,ezi 7. Adjoining Property: USE North Orchard East __Country grocery store South Residences West Residences & Country ZONING �C-2 Cc,L ,,A� u -; & s s store p 8 0. 8. The type of use proposed is (consult with the Plahnine Dleprt. before completing) Cottage industry consisting of a small gen ra ea l estate brokerage consisting of the owners ana pernaps one emp r date. 9. It is proposed that,the following buildings will be. constructed: A 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: d,x, x 2 G 1 C ti 1) / - 7-14 w e= S "r,6 ,d NAME S ;L- . ,k} r�r M e 4 k ADDRESS 41 i h, e !f z s Tc 2-, V4 ,�2 wz G o 3 PROPERTY ID# � 15-, 0 S°" 2 NAME �' U E yz_ )_,q. l"e-` / /_ ADDRESS PROPERTY ID# S 2 63 NAME C )-, Re 133 ADDRESS PROPERTY ID# NAME �, �(�✓L, Y r`'v < /n -� ✓! ADDRESS PROPERTY ID# NAME 'C ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ma�yy'' Zff- 1,3_ 5' - 'Lo VA C/o c C bA �-zcal It fit,, f,-TIFF,Zs'T��n, t'01 //� � r2 t1A '9 v2'' a 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. This small business would generate on 12. ,Additional comments, if any: an average of 2-5 customers per day that would rive to e p the business conducted would be by phone or the internet. 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 2680 Northwestern Pike, Winchester, VA 22603 Owners' Telephone No. 540-667-3983 Home TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 February 18, 2008 Chairperson and Members Frederick County Planning Commission 107 Kent Street Winchester, VA 22601 RE: Revocation Hearing of CUP 09-04 Dear Chairperson and Members: I am most concerned that I found myself facing a hearing that could affect my ability to earn a living, with a matter that I understood was resolved. I have been charged with two (2) violations of the conditions of my CUP # 09-04, I will respond to them as follows: Allegation of too many signs on my property and signs too large: The reason that there was two signs on my property from the period of January 21, 2007 — February 7, 2008 are as follows: 1) One of the signs is a real estate for sale sign on my property with the Pin ID # 52-A-55. This is not the property for which my CUP permit #09-04 was approved by The Frederick County Board of Supervisors on July 14, 2004. My permit was issued for a separate piece of property on which my home and office are located, that property is identified by PIN ID # 52- A-56 and I am enclosing a copy of the approval letter dated July 15, 2004 from Mr. Mark Cheran, Interim & Subdivision Administration to verify this statement. 2) On January 19, 2007 Mr. Mark Cheran and a female associate from the planning department visited my home/office and after discussing several options that Mr. Cheran assured me would resolve the dispute between The Frederick County Planning Department and myself. Mr. Cheran stated that I should put up a smaller sign that would be in compliance for the permit. I showed Mr. Cheran and his associate a sign I felt would be in compliance and he and his associate agreed it would be in compliance. We (Mr. Cheran, his associate & 1) then walked down the driveway to where, Mr. Cheran showed me the area that he recommended the sign be erected. Mr. Cheran also stated that this sign would be on the property of where my CUP permit was issued and the other sign would be a real estate/offsite sign and by doing this would put me in total compliance. The sign was erected as agreed upon within 2 days. I had no further contact or complaints from Mr. Cheran until December 12, 2007 when I received a letter threatening to revoke my CUP permit. I phoned Mr. Cheran twice after receiving this letter and was only able to reach his voicemail. I left messages asking what the issue was with permit but my calls were never returned. • 0 In our discussion on January 19, 2007 Mr. Cheran said he had received complaints about my sign, I asked him numerous times who this person was,not to cause problems but to address this person's concerns. Mr. Cheran would never give me the name of the person making the complaint. I have since been told by a County employee that the person making the complaint was a member of the Planning Commission. 3) As further evidence of the validity of my statements, I am enclosing an aerial tax map showing the two separate parcels of land in question and that my real estate sign is located Offsite of the property for which my CUP permit was issued. I am also enclosing copies of letters from Mr. Cheran and my written responses to show that I have always tried to cooperate with the Planning Department on this matter. I believe this letter setting forth my defense and other evidence I am submitting to you will prove that I am not now or have I ever been in violation of the conditions of my Conditional Use Permit and that I have cooperated with the Planning Dept. to try to resolve this issue. If the information that I was given is correct, that it is indeed a member of the Planning Commission that has been making these complaints, I respectfully suggest to the other members of the Planning Commission that you obtain the name of the person who is making these complaints to ascertain if these are legitimate complaints or if this person is using County time and assets for personal reasons. I have always felt and still do feel that the great majority of government workers and the people that serve on government Commissions and on our local government Board of Supervisors are dedicated hardworking and honest people. I respectfully request that my Conditional Use Permit be evaluated objectively and in the best traditions of our County of which we are all proud. Respectfully, James A. Bayliss Enc: u • Certified Letter #7001 2510 0001 1951 6069 February 7, 2008 James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 Mr. Mark Cheran Frederick County Dept. Of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601-5000 Re: Conditional Use Permit (CUP) # 09-04 Dear Mark: F r_ :9 8 2008 While reading the Winchester Star newspaper yesterday, I was drawn to a Public Hearing Notice that in part read that the Frederick County Planning Commission was holding a hearing on February 20, 2008 to revoke my CUP for the reasons that there were too many signs on my property and one sign was too large and I would like to respond as follows: 1.) 1 have never been notified orally or in writing that a date and time was set for this hearing. I first learned of this hearing by reading the Winchester Star. Is this normal procedure for your office? 2.) Today I am removing the one sign that you and your associate reccomended last year that I erect to be in compliance with County Regulations. This should solve the one cause of "Too many signs" that you had listed in the Public Hearing Notice published in the Winchester Star on February 6, 2008. 3.) The only sign now existing on my property is the real estate sign that indicates that my property is for sale. I do not believe that the County regulates the size or the contents of a real estate "for sale" sign. If I am wrong please let me know and I will immediately correct the problem. 4.) 1 hereby request that you notify me in writing of any specific violations that would now put me in violation of my Conditionai use Permit. I ask for this in writing because I have learned from past experience with you, that reccomendations and directions that you have orally given to me in the past does not solve this problem. I am willing to cooperate with your office and Frederick County to lawfully solve this problem once and for all. Thank you for your anticipated attention and written reply. Sincerely, James A. Bayliss Certified Mail # 7001 2510 0001 1951 5994 January 25, 2007 James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 County Of Frederick Dept. Of Planning & Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Attn: Mr. Mark R. Cheran Dear Mark: In reply to your certified letter dated January 17, 2007, 1 would like to respond as follows: 1.) 1 previously responded via certified mail to this same issue last year and after several telephone conversations with you last year regarding this matter, I felt that this matter had been settled. 2.) 1 do not feel that I am in violation of my conditional Use Permit (CUP)# 09-04 because the sign size that identifies my office does not exceed 4 square feet. It is attached to a larger For Sale sign on my property. To the best of my knowledge, .Frederick County does not have a re- striction on the size of real estate For Sale signs. 3.) As I stated to you in my certified letter to you last year in regard to this same matter and in my telephone conversations with you last year, I will be glad to have a smaller seperate Office Sign made and erected if you so desire and if this will resolve this matter, but I still intend to use the existing For Sale Sign to indicate that my property is for sale. Would please let me know in writing if this would be acceptable? 4.) Under the Federal Freedom Of Information Act, I hereby request that you provide me with a copy of these complaints and the idenity of the person(s) who have made these complaints this year and last year. Thank You! Sincerely, /01 ��` ames a. Bayliss • 0 Certified letter # 7001 2510 0001 1951 6014 December 18, 2007 James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 Mr. Mark Cheran Zoning Administrator County Of Frederick Dept. of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601-5000 RE: Conditional Use Permit #09-04 Dear Mark: I received your certified letter dated December 12, 2007 and must admit that again I have received a letter from you again threatning to have my CUP permit scheduled for revocation at the earliest public hearing and I would like to reply as follows: (1) When I last met with you and your associate at my office, we walked to the site where my sign was on my property and discussed what corrections I needed to make to my sign to be in total compliance with County regulations. (2) It was your associate and your suggestion that I remove the top "Office" part of my for sale sign and erect a smaller sign that were within County regulations. I asked you and your associate that if I modified one of my smaller "for sale" signs and used the word "Office" on it, if that would meet your requirements. After viewing and measuring the sign you stated that this would satisfy your requirements. I did exactly what you requested and now I receive another threatning letter from you. 3 I, again submit toyou-that- my Lsigns>ara-inAotal _com Rance with Frederick Count re lations as the Larger sign is a For Sale sign and is not County regulated and the smaller Office sign is in total compliance with County regulations. I believe that under the Fed- eral Freedom of Information Act that I am entitled to know who originated the complaint that triggered your letter and I hereby request this information. Thank you for your prompt attention and response to this letter! Sincerely, James Bayliss ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Mr. Jim Bayliss 2680 Northwestern Pike Winchester, Virginia 22604 M A. Signature / Agent X C �L Q 'ra ❑ Addressee B. Received by (Printed Name) C. Date of Delivery y-6-04 D. Is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7003 1010 0000 9039 2825 PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03-P-4081 UNITED STATES POSTAL SERVICE First -Class Mail Posta USPSge &Fees Paid Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • cOG�� Frederick County Dept. of Planning and Development 107 N. Kent Street Winchester, VA 22601 APR 0 9 2004 FVZ7ERiCK COtJ" Aku N, Jill IVA Ib. —NIEL W�_ �� I "qq ! -MEMO- Braddock Realty _:.. t— 665-0700 w;,:--�- .� � �r CIE -��.� rr 3 �OSI%Gi SATgLlIr CERTIFIED MAIL April 10, 2006 Mr. Mark R. Cheran Zoning Administrator County Of Frederick Dept. Of Planning & Development 107 North kent Street, Suite 202 Winchester, VA 22601-5000 Dear Mr. Cheran: In reply to your certified letter dated April 3, 2006 that I received on April 7, 2006 that in brief threatened to schedule a hearing to revoke my Conditional Use Permit #09-04 due to complaints that you stated you had received in regard to the size of my sign, I would like to respond as follows: 1.) 1 do not believe that I am in violation of the conditions placed upon my conditional use permit. The sign that indicates that this is an Office is a 6" X 24" sign that reads "Office". 2.) 1 do not believe that there is a size limit on real estate signs on property that are for sale and since my property at 2680 Northwestern Pike is for sale, and my sign is being used to indicate that my property is for sale, I do not believe that this sign is in violation of my Conditional Use Permit. 3.) 1 would like to request that you or someone from your office visit the area of my sign and verify that This real estate sign is not in violation of my Conditional Use Permit. 4.) Since this is a matter of public record, i would request the Names of the person(s) who have made the complaints about my sign. Thank you for your attention to this matter and I will await your reply! Sincerely yours; James A. Bayliss cc: Peter Thos. Hansen Attorney At Law APR 1 t 20106 2680 Northwestern Pike Winchester, VA 22603 540-662-9216 540-662-9585 jimbayliss@msn.com 877-662-9216 Toll Free 0 COUNTY of FREDERICK Department of Planning and Development MEMORANDUM 5401665-5651 FAX: 540/ 665-6395 TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning Administrator ///X/G C-°-' RE: Revocation of Conditional Use Permit #09-04 for a Cottage Occupation for a Real Estate Brokerage Office DATE: February 4, 2008 The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #09-04 for a cottage occupation as a real estate brokerage office on July 14, 2004, with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any one time. 3. Any proposed business sign shall conform to cottage occupation sign requirements, and shall not exceed four square feet in size. 4. Any expansion or modification of facilities will require a new Conditional Use Permit. 5. Up to two temporary employees allowed. Violation of Conditions: Staff received a complaint regarding violations of the CUP #09-04 with regards to size and number of signs located on the property. The property has two (2) signs located on the property, with the signs not meeting the requirements of Condition 3 of Conditional Use Permit #09-04. Staff has met with the property owner and discussed the signage issue in order to bring the property into compliance with the conditions of the Conditional Use Permit. A letter of revocation was sent to the property owner December 12, 2007. Staff conclusions for the 02/20/08 PlannintZ Commission Meeting: The holder of Conditional Use Permit #09-04 is in violation of the above -referenced conditions with regards to the size and number of signs on the property. A recommendation fiom the Planning Commission for revocation of Conditional Use Permit #09-04 would be appropriate. This recommendation will be forwarded to the Board of Supervisor for their consideration. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 9 COUN o o K Department of Planning and Development 540/665-5651 FAX: 540/665-6395 July 15, 2004 James A. and Barbara V. Bayliss 2680 Northwestern Pike Winchester, VA 22603 RE: CUP #09-04 for Cottage Occupation - Real Estate Brokerage (-Property Identification: Number 52-A-56— - Dear Mr. and Mrs. Bayliss: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 14, 2004. Your Conditional Use Permit 409-04 for a Cottage Occupation - Real Estate Brokerage, was approved with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any one time on site. 3. .Any proposed business signs shall conform to cottage occupation sign requirements; and, shall not exceed four square feet in size. 4. Any expansion or modification will require approval of a new conditional use permit. 5. Up to two temporary employees allowed. If you have any questions regarding this action, please feel free to call this office. Sincerely. Mark R. Cheran Interim Zoning & Subdivision Administrator MRC/bad cc: age Dove, Gainesboro District Supervisor /George Kriz and ,�les Triplett, Gainesboro Planning Commissioners --ra'ne Anderson, Real Estate ��mmissioner of Revenue 107 North Kent Street • Winchester, Virginia 22601-5000 County Kiosk: Powered By eance 4.2.1 - TDC Group Inc. Page 1 of 1 Current Map Tool: Recenter Click or drag the map to pan. Search This Map Roads Tax Map Address Address House Number: 2680 ...........: Street Name: Northwestern Pike Property Owner Subdivision Overview Map 1 ti t \ Map Legend ,o/ Roads 0 Buildings �_--� Parcels County Boundary Towns Contour Labels 2001 Aerial Photography Customize This Map BASE MAP: contact Dept. of GIS 540- 665-5614 F Roads 2) Parcels Fy—o1 County Boundary L%� Towns Buildings ❑ Subdivisions n 2006 Aerial Photography PLANNING: contact Dept. of Planning and Developement 540-665.5651 Proposed Eastern Rt. 37 L'; Community Centers ❑ Sewer Water Service Area Urban Developement Area ❑ Agricultural Districts Long Range Plan ❑ Zonning ENVIROMENTAL: contact Dept. of GIS 540-665-5614 r7 Streams r Lakes Ponds Frederick County Soil Types _ Geology ;-+deex Contours Contour Labels '-rerrneCiWe Contours K'.­7-1 oortact Dept. of GIS 540- 6655'.'a Wi-d' irS'KL$ --; "-ecr, http::"gis.co. frederick.va.us/Freeance/Client/PublicKioskl /index.html?appconfig=Political 2/17/2008 0 • AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia February 20, 2008 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adoptthe Agenda for the meeting............................................................................ (no tab) 2) December 19, 2007 Minutes............................................................................................ (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments...........................................:........................................................ (no tab) PUBLIC HEARING 5) 2008-2009 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. The Plan is created as an informational document to assist in the development of the County's annual budget. If adopted, the CIP is a component of the Comprehensive Policy Plan. Mr. Ruddy........................................................................................................................ (B) 6) Revocation of Conditional Use Permit #09-04 of James and Barbara Bayliss. This Conditional Use Permit is being revoked due to the size and number of signs on the property. The property is located at 2680 Northwestern Pike (Route 50 W) and is identified with Property Identification Numbers 52-A-55 and 52-A-56 in the Gainesboro Magisterial District. Mr. Cheran....................................................................................................................... (C) 7) Ordinance Amendment — Dedication of Right -of -Way — Proposed revision to the Frederick County Subdivision Ordinance, § 144-17E — Expansion of existing right-of-way. Mrs. Perkins.......:............................................................................................................. (D) 8) Ordinance Amendment — Handicap Accessible Ramps -= Proposed revision to the Frederick County Zoning Ordinance § 165-23F — Setback Requirements. Mrs. Perkins..................................................................................................................... (I-) 9.) Ordinance Amendment — Trash Storage and Screening Requirements — Proposed revision to the Frederick County Zoning Ordinance §165-47 — Landfills, junkyards and inoperable vehicles. �.Ls. Perkins..................................................................................................................... M O tg€cr 9 0. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 8, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REVOCATION OF CONDITIONAL USE PERMIT APPLICATION #09-04 OF JAMES AND BARBARA BAYLISS On behalf of the Frederick Planning Commission, you are hereby notified of a public hearing being held on Wednesday, February 20, 2008, 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 #09-04 for James and Barbara Bayliss. This Conditional Use Permit is being revoked due to the size and number of signs on the property. The property is located at 2680 Northwestern Pike (Route 50 W), and is identified with Property Identification Numbers 52 1A-55 and 52-A-56 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda 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. Information regarding this application will also be available via the Planning Department's website at vvww.co.frederick.va.us. Sincerely, Mark R. Cherar Zoning Ad=* isuaLor MRC/bad 107 North Dent Street, Suite 202 - 'Winchester, Virginia 22601-5000 • 0 CERTIFIED MAIL February 7, 2008 Mr. James Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: 2680 Northwestern Pike CProperty__Identification Numbef (PIN):-52-A-56 -' Zoning District: RA (Rural Areas) - Dear Mr. Bayliss: This letter is in reference to your telephone call of February 5, 2008 and the letter you sent to this office for a Freedom of Information Act (FOIA) request with regards to your violations of Conditional Use Permit (CUP) #09-04. Violations of the Frederick County Zoning Ordinance are not subject to the provisions of the FOIA with regards to the information of the complainant. Furthermore, Conditional Use Permits are a legislative action and may be revoked by the Frederick, County Board of Supervisors for any violation of the conditions of the CUP. As my letter to you dated December 12, 2007, stated, "This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing, due to violations of the conditions placed on CUP #09-04. You will receive further notice from this office in regards to the time and location of this public hearing". You are scheduled for revocation of your CUP on February 20, 2008, and you will receive notice of the public hearing via letter which will be mailed on February 8, 2008. Our procedure for hearing items is to advertise the item on the two Wednesdays prior to the Planning Commission meeting. The agenda is mailed to the Planning Commission on Friday after the first ad runs, as well as the owner/applicant and adjoiner letters. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Mark R. C:heran Zon R2 Adm—L'li.aaa or MC'bad 107 North Bent Street. Suite 202 • NNTinchester, Virginia 22601-5000 Certified Letter #7001 2510 0001 1951 6069 February 7, 2008 James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 Mr. Mark Cheran Frederick County Dept. Of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601-6000 Re: Conditional Use Permit (CUP) # 09-04 Dear Mark: While reading the Winchester Star newspaper yesterday, I was drawn to a Public Hearing Notice that in part read that the Frederick County Planning Commission was holding a hearing on February 20, 2008 to revoke my CUP for the reasons that there were too many signs on my property and one sign was too large and I would like to respond as follows: 1.) 1 have never been notified orally or in writing that a date and time was set for this hearing. I first learned of this hearing by reading the Winchester Star. Is this normal procedure for your office? 2.) Today I am removing the one sign that you and your associate reccomended last year that I erect to be in compliance with County Regulations. This should solve the one cause of "Too many signs that you had listed in the Public Hearing Notice published in the Winchester Star on February 6, 2008. 3.) The only sign now existing on my property is the real estate sign that indicates that my property is for sale. I do not believe that the County regulates the size or the contents of a real estate "for sale" sign. If I am wrong please let me know and I will immediately correct the problem. 4.) 1 hereby request that you notify me in writing of any specific violations that would now put me in violation of my Conditional Use Permit. I ask for this in writing because I have learned from past experience with you, that reccomendations and directions that you have orally given to me in the past does not solve this problem. I am willing to cooperate with your office and Frederick County to lawfully solve this problem once and for all. Thank you for your anticipated attention and written reply. Sincerely. times A. Bayliss j owulal Ivouces. , 7 : special Notices; �,. �K. I NOTICE OF PUBLIC HEARING : The:Frederick County Planning Cormission will hold a public hearing on Wednesday, February 20, 2008 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: PUBLIC HEARING 2008-2009 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects . ,requested by various County Departments and Agencies. The'Plan is°created'as an informa-, tional document to. assist in t46 development of the County's annual budget. If adopted, the CIP is a component of the Comprehensive, Policy Plan. .Revocation of Conditional Use Permit #09- 04:of James and Barbara Bayliss: This Con- ditional Use Permit is being revoked due to:the. size'and number'of signs on, the property: The j property is located at 2680 Northwestern. Pike. (Route .50 W) •and .isAdentified with`�Property Identification Numbers 52=A-55 and 52-A-56 in the Gainesboro Magisterial District.. Ordinance Amendment Dedication of Right -of -Way — Proposed revision to the Fred- erick.County.Subdivision Ordinance, §144 17E I — Expansion of existing right-of-way. Ordinance Amendment =Handicap Acce's sible'Ramps _ Proposed revision- to the Fred- erick County Zoning_. Ordinance §165-23F — ' Setback Requirements:- Ordinance Amendment. Trash Storage' j and Screening ReqProposed uirements -' revision to: the 'Frederick County Zoning Ordi- i narice. §165-47 — Landfills, junkyards and inop- erable vehicles. Interested citizens may appear before the Commission to speak on the above items. A 1 copy.''of.".the agenda'. will be available at the Handley: Library and the_Bowman Library the. week of the meeting Further information may be obtained at the Department of Planning and Development, 107 North Kent Street, Win- chestee; `:Virginia, or by calling (540) 665=5651. You can also visit 'us on the web, at: j www.co.frederick.va.us. 9 0 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 MEMORANDUM FAX: 540/665-6305 TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning Administrator W RE: Revocation of Conditional Use Permit #09-04 for a Cottage Occupation for a Real Estate Brokerage Office DATE: February 4, 2008 The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #09-04 for a cottage.occupation as a real estate brokerage office on July 14, 2004, with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any one time. 3. Any proposed business sign shall conform to cottage occupation sign requirements, and shall not exceed four square feet in size. 4. Any expansion or modification of facilities will require a new Conditional Use Permit. 5. Up to two temporary employees allowed. Violation of Conditions: Staff received a complaint regarding violations of the CUP #09-04 with regards to size and number of signs located on the property. The property has two (2) signs located on the property, -with the signs not meeting the requirements of Condition 3 of Conditional Use Permit #09-04. Staff has met with the property owner and discussed the signage issue in order to bring the property into compliance with the conditions of the Conditional Use Permit. A letter of revocation was sent to the property owner December 12, 2007. Staff conclusions for the 02/20/08 Planning Commission Meeting: The holder of Conditional Use Permit #09-04 is in violation of the above -referenced conditions with regards to the size and number of signs on the property. A recommendation from the Planning Commission for revocation of Conditional Use Permit #09-04 would be appropriate. This recommendation will be forwarded to the Board of Supervisor for their consideration. 107 _- orth Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL December 12, 2007 James and Barbara Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike Property Identification Number (PIN): 52-A-56 Zoning District: RA (Rural Areas) Dear Mr. and Ms. Bayliss: This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing, due to violations of the conditions placed on CUP #09-04. You will receive further notice from this office in regards to the time and location of this public hearing. 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 office has received complaints of violations of the conditions placed or: Conditional Use Permit #09-04, due to the size of your sign and the number of signs on the property-. These violations have been ongoing. Staff has met with you on the property about these violations. I have enclosed a copy of the conditions placed on CUP #09-04. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely. C eran Zoning Administrator Enclosure NIRC dlx.- 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 CERTIFIED MAIL April 10, 2006 Mr. Mark R. Cheran Zoning Administrator County Of Frederick Dept. Of Planning & Development 107 North kent Street, Suite 202 Winchester, VA 22601-5000 Dear Mr. Cheran: In reply to your certified letter dated April 3, 2006 that I received on April 7, 2006 that in brief threatened to schedule a hearing to revoke my Conditional Use Permit #09-04 due to complaints that you stated you had received in regard to the size of my sign, I would like to respond as follows: 1.) I do not believe that I am in violation of the conditions placed upon my conditional use permit. The sign that indicates that this is an Office is a 6" X 24" sign that reads "Office". 2.) 1 do not believe that there is a size limit on real estate signs on property that are for sale and since my property at 2680 Northwestern Pike is for sale, and my sign is being used to indicate that my property is for sale, I do not believe that this sign is in violation of my Conditional Use Permit. 3.) 1 would like to request that you or someone from your office visit the area of my sign and verify that This real estate sign is not in violation of my Conditional Use Permit. 4.) Since this is a matter of public record, I would request the Names of the person(s) who have made the complaints about my sign. Thank you for your attention to this matter and I will await your reply! Sincerely yours; James A. Bayliss 2680 Northwestern Pike Winchester, VA 22603 540-662-9216 540-662-9585 jimbayliss@msn.com 877-662-9216 Toll Free COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 CERTIFIED MAIL April 3, 2006 James and Barbara Bayliss 2680 Northwestern Pike Winchester, Virginia 22603 RE: 2680 Northwestern Pike 'Property_-Identif cation Number (PIN):_52=A=56~,> Zoning District: RA (Rural Areas) Dear Mr. and Ms. Bayliss: This letter is to inform you that your Conditional Use Permit (CUP) #09-04 is being scheduled for revocation at the earliest public hearing due to violations of the conditions placed on CUP 09-04. You will receive further notice from this office in regards to the time and location of this public hearing. 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 office has received complaints of violations of the conditions placed on Conditional Use Permit #09-94, due to the size of your sign. I have included a copy of the conditions placed On this CUP. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator Enclosure MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 �tC • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 27, 2008 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REVOCATION OF CONDITIONAL USE PERMIT APPLICATION #09-04 OF JAMES AND BARBARA BAYLISS On behalf of the Frederick Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, March 12, 2008, 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: Revocation of Conditional Use Permit #09-04 for James and Barbara Bayliss. This Conditional Use Permit is being revoked due to the size and number of signs on the property. The property is located at 2680 Northwestern Pike (Route 50 W), and is identified with Property Identification Numbers 52-A-55 and 52-A-56 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda 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. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, , f" i, i ar R. �Ch Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ?,S� �so 4 u) 4k • COUNTY of FREDERICK Department of Planning and Development Kent Street, Winchester, Virginia. 22601-5000 elephone: 540/665-5651 FAX:540/665-6395 STUDY rederick County? (select one) _ Loss of non -farm open space _ Traffic Other (please specify) for the rural areas study? _ Yes _ No below. areas? Yes No This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 52 - A. 55- BAYLISS, JAMES A. PO BOX 1816 22604 8316 WINCHESTER, VA 52 - A- - 54- ROBINSON, C I. CIO F&M BANK WINCHESTER 9 COURT SO ICHESTER, VA 22601.4736 52 - A- - 166- iOBATHER, CLARENCE & VIVA 2691 NO',"T4WI;8 ERN PIKE WINCHESTER, VA 22603-3821 52 - A- - 63- SILVER LAKE LLC CIO JAMES R WILKINS III 13 S LOUDOUN ST WINCHESTER, VA 22601.4777 Philip & Diana Haines 675 Poorhouse Rd. Winchester, VA 22603 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1, , 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 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 8, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REVOCATION OF CONDITIONAL USE PERMIT APPLICATION #09-04 OF JAMES AND BARBARA BAYLISS On behalf of the Frederick Planning Commission, you are hereby notified of a public hearing being held on Wednesday, February 20, 2008, 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 #09-04 for James and Barbara Bayliss. This Conditional Use Permit is being revoked due to the size and number of signs on the property. The property is located at 2680 Northwestern Pike (Route 50 W), and is identified with Property Identification Numbers 52-A-55 and 52-A-56 in the Gainesboro Magisterial District. Any interested,parties having questions or wishing to speak may attend this public hearing. A copy of the agenda 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. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 . This is to ertify that the attached correspondence was mailed to the following on p V from the Department of Planning and Development, Frederick County, V' ginia: AarkR.ran, Zoning & Subdivision Administrator Frederick County Planning Department S 5 F ^I I-Pt2X S}�ET fl-rW STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, d ereby certify that k R. Cheran, Zoning & Subdivision Administrator for the De met of Planning and Development, whose name is signed to the foregoing, dated O , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this �— day of C� OO g My commission expires on NOTARY P LIC This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 52 - A- - 55- BAYLISS, JAMES A. PO BOX 1816 WINCHESTER, VA 22604-8316 52 - A- - 54- 081NSON, C L CIO F&M BANK WINCHESTER 9 COUR i S0 WINCHESTEh, i A 22601.4736 52 - A- - 57- 4AINES, PHILIP C & DIANA N 306 1 UOOR J'.. WiNCHESTFK,VA 5? A- - 1 F S uATHER, CLARENf � & VIVA 2691 NORTHWESTERN'PIKE WINCHESTER, VA 22603-3821 52 - A- - 63- SILVER LAKE LLC CIO JAMES R WILKINS III 13 S LOUDOUN ST WINCHESTER, VA 22601-4777 Frederick Counl-, Plarriirig iJcpc. STATE OF VIRGINIA COUNTY OF FREDERICK 1, , a Notary Public in and for the State and County aforesaid, do hereby certify that Lauren E. Krempa, Zoning Inspector 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 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING March 23, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #03-07 FOR JAMES AND BARBARA BAYLIS S On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, April 4, 2007, 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 #03-07 of James and Barbara Bayliss for modification to Conditional Use Permit #09-04 to increase the size of an existing business sign. This property is located at 2680 Northwestern Pike (Route 50 W), and is identified with Property Identification Numbers 52-A-55 and 52-A-56 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda 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. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Since y, Wau!ren E. Krempa Zoning Inspector LEK/bad 107 North Kent Street, Suite 202 m Winchester, Virginia 22601-5000 Cam' o3-0? PrMLS ��RBFi���S-S O:BARBARA-DATA PROCESSING :F.G_ _ FROM:BEV - Panning Dept. Please print sets a NAME C. L Robin 50 e RM B HANKS! ADDRESS f o�a�o01- PROPSZTY I n / ADDRESS r r VA ad(oO3 PROPERTY U ID# - NAME r-G ier ADDRESS G ►nchcS4Cr, VA PRORT I D # ME ME 6 ' AADRESS � C d- r I inc r cio� �oO.3 p / P PERTY D# - AAj � NAME cThn . +�paiCi O N A1/V 1 ADDRESS n fnche V �a6o t ntv PROPERTY ID# NA i r 0clamcsR. i t KinS, ll ADDRESS V as c,o1- PROP TY # - - IV 0+ 0-VI i NAME b 76 -%ADDRESS PROP�ERT ID# NAME ADDRESS PROPERTY I D # NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# 'I NAME ADDRESS I 'No+ m -!�, 6 � N of a v) l Ad,Jotn-ev � NAME U, ADDRESS PROPF6RTY NAME ADDRESS PROPERTY 4O:BARBARA-DATA PROCESSING FROM:BEV - P anning Dept. Please print sets qf-fdbzt --by ZrHANKSI v� a a c�o3 NAME r n d- Vivocr ADDRESS c, inchcs+cr, VA as (003 PROJ�,ERT ID# F%--L(o(a AME C DRESS RZ?PERTY D# NAME'"" ADDRESS PROPF TY + NAME 9ADKESS ; (j1 1 Y lw PRORT�Y NAME ADDRESS PROPERTY ID# dQ%2A NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID NAME ADDRESS PROPERTY ID# NAME _ ADDRESS aa03 [i i Kins, -UL Vpr aal�oj- a (/ �'_ N T0: Barbara - Data Processing 7` � j 54,560 j 4 S6 0 FROM: Bev - Planning Dept. J /1 / fS 6 ,qc4 ACA6A`-1L/ss- Please print sets of labels by: 8. The type of use proposed is '2V THANKS!! P P (consult with t before completing) Cottage industry consisting of estate brokerage consisting of the owners ana yuilicys one nipluyee at-- —ter date. 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 i ADDRESS PROPERTY ID# _� 5`2 0 j'- 7 NAME < ;.0 v r L.z- C ADDRESS PROPERTY ID# , S 2 J� Gj NAME C - L : P-a ,, ADDRESS PROPERTY ID# _ S // NAM—P /)"'J/L� y �V ADDRESS PROPERTY ID# n. /n\ NAME C Z.h� F�'c t C t j /7`� �L ADDRESS PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# Cz_ �V� E /L ADDRESS ADDRESS ADDRESS 2G 9G ti A7-14 sTC'L„J P/fit c- s 'Tz 2. V-4. �2 z 603 =�Cc/ cja rc//t}7_ -4�_,2 U/9 24c COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 30, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #09-04 FOR JAMES A. BAYLISS AND BARBARA V. BAYLISS On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 14, 2004, at 6:00 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 909-04 of James A. Bayliss and Barbara V. Bayliss, for a Cottage Occupation - Real Estate Brokerage. The property is located at 2680 Northwestern Pike (Route 50 W) and is identified with Property Identification Number 52-A-56 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. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, ark R. Cheran Planner I MRC/bad 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 52 - A- - 54- ROBINSON, C L CIO F&M BANK WINCHESTER 9 COURT SO WINCHESTER, VA 22601-4736 NIXIE 2077 1 34 O7/O2/O4 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD RETURN TO SENDER ...*Mai,��wewwxsa:axe»wrcrx.ara..«.a4:r-,. +a+.a If1I1i11lfI,li11lit 111211 IIf1111111111lifflifi„ifill11111i • W a S i DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGIl` IA � E U GIS, MAPP G, GRAPHICS WORK iEQUIEST DATE RECEIVED: �r REQUESTED COMPLETION DATE: ill REQUESTING AGENT; Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write 1 Z— o IU M,4P 1.-I�A)(S 5,� - A -s s; 6 DIGITAL: PAPER: F SIZES: COLOR: BLACK/WHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: tional-Wfo =atzon QnJback of Le- uuest_; .--E NUM3ER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) f COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 30, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #09-04 FOR JAMES A. BAYLISS AND On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 14, 2004, at 6:00 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 #09-04 of James A. Bayliss and Barbara V. Bayliss, for a Cottage Occupation - Real Estate Brokerage. The property is located at 2680 Northwestern Pike (Route 50 W) and is identified with Property Identification Number 52-A-56 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. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. 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 p 09 V1 from the Department of Planning and Development, Frederick County, irginia: 52 - A- - 57- MILLER, AUDREY W 2696 NORTHWESTERN PIKE WINCHESTER, VA 22603.3812 52 - A. - 63- SILVER LAKE LLC CIO JAMES R WILKINS III 13 S LOUDOUN ST WINCHESTER, VA 1 li 22601.4777 52 - A- - 54- ROBINSON, C L CIO F&M BANK WINCHESTER 9 COURT SO WINCHESTER, VA 22601.4736 52 - A- - 166- CATHER, CLARENCE & VIVA 2691 NORTHWESTERN PIKE WINCHESTER, VA 22603.3821 I i James & Barbara Bayliss 2680 Northwestern Pike Winchester, VA 22603 ,f Mark R. Cheran, Planner I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF RICK 0I, , a Notary Public in and for the State and County aforesaid, do h eby certify that Mar R. Cheran, Planner I for th epartment of Planning and Development, whose name is signed to the foregoing, dated Qb , has personally appeared before me and acknowledgeAe same in my ate and County aforesaid. Given under my hand this :V �i day of My commission expires on W ` MRS FROM: Bev Barbara Planning Dept. sDID Please print sets of labels by: 8. The type of use proposed is QS/ THANKS!!! P (consult with t before completing) Cottage industry consisting of estate brokerage consisting or the owners and pernaps one empinyce—at--a--latter Gate. 9. It is proposed that -the following buildings will be constructed: A /I 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: /' 26 76 ti0/-TN u/,csTC-R.i P1Irt NAME 4!h ADDRESS L4.1 � n, c & z- s 725- 2f V 4. 2 z G o 3 PROPERTY IDI � L' S`2 /9 S' NAME v fL 1, ,4 fTE L ADDRESS PROPERTY ID#j§ , S 2 J� 6.3 NAME C . L : P—v /3 ADDRESS PROPERTY ID,# S /9 S` �_z NAME Y .,C LS1 ADDRESS PROPERTY ID, �- /G G NAME C �_/}I�t�c CA PROPERTY IDI IzKK cf " Jl�"t�C v W: L%T'NS. ALL 35• 2zCc/ C/o ADDRESS t.0, .J,_ %:= , L aA . ,2 ,::; � ADDRESS PROPERTY IDI NAME ADDRESS PROPERTY IDI NAME PROPERTY IDI 1,12 V ADDRESS 444Y 10 2004 kl�(. 0 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 19, 2004 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #09-04 FOR JAMES A. BAYLISS AND BARBARA V. BAYLISS On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 2, 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 #09-04 of James A. Bayliss and Barbara V. Bayliss, for a Cottage Occupation - Real Estate Brokerage. The property is located at 2680 Northwestern Pike (Route 50 W) and is identified with Property Identification Number 52-A-56 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. Information regarding this application will also be available via the Planning Department's website at www.co.fred.va.us. Sincerely, Mark R. Cheran -- -- Planner I MRC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 V This is to certify that the attached correspondence was mailed to the following on 106) from the Department of Planning and Development, Frederick County, irginia: 52 -A-' - 57- MILLER, AUDREY W 2696 NORTHWESTERN PIKE WINCHESTER, VA 22603.3812 52 - A- - 63- SILVER LAKE LLC CIO JAMES R WILKINS III 13 S LOUDOUN ST WINCHESTER, VA 22601.4777 52 - A- - 54- ROBINSON, C L CIO F&M BANK WINCHESTER 9 COURT SO WINCHESTER, VA 22601.4736 52 - A- - 166. CATHER, CLARENCE & VIVA 2691 NORTHWESTERN PIKE WINCHESTER, VA 22603.3821 James & Barbara Bayliss 2680 Northwestern Pike 'Winchester, VA 22603 v (,)Aj tK 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 '�Laforesaid, o hereby certify tha ark R. Cheran, Planner I for the Dep in nt of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my Sta% an County aforesaid. Given under my hand this My commission expires of I- r COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6345 MEM0RANDU M :TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: August 11, 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 #09-04 for James and Barbara Bayliss. He has returned the sign and is therefore entitled to the return of the deposit. You nlav pay this through the regular bill cycle. r Please send a check in the amount of $50.00 to: ,��RSA/pd . o4 S46 ,Tames Bayliss Barbara Bayliss 2680 Northwestern Pike Winchester, VA 22603 107 North Kent Street • Winchester, Virginia 22601-5000 l o - 7 1 Date w z Received From E Address _ WW>U)< ❑ W Y mw 8 CfiLN. �-� w o For :°� oho o o z i . U ? r U " m U z o § ACCOUNT• A61i OF m W ACC('i:1N1 CASH U CHECK 5� 009$99 Dollars $ IF J T A X R E C E I P T Ticket #:00011820001 FREDERICK COUNTY Date 5/03/2004 C. WILLIAM ORNDOFF: JR Register: HMT/HM P.O. BOX 225 Trans. #: 00337 Dept # ZASP WINCHESTER VA 22604-0225 Acct# ZONING APPLICATIONS Previous Balance $ 1125.00 Principal Being Paid $ 1125.00 Penalty $ .00 Interest $ .00 Amount Paid $ 1125.00 *Balance Due $ .00 Pd by PLANNING Check 1200.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 5/2004 • o COUN a o YK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 July 15, 2004 James A. and Barbara V. Bayliss 2680 Northwestern Pike Winchester, VA 22603 RE: CUP #09-04 for Cottage Occupation - Real Estate Brokerage Property Identification Number 52-A-56 Dear Mr. and Mrs. Bayliss: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 14, 2004. Your Conditional Use Permit 409-04 for a Cottage Occupation - Real Estate Brokerage, was approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any one time on site. Any proposed business signs shall conform to cottage occupation sign requirements; and, shall not exceed four square feet in size. 4. Any expansion or modification will require approval of a new conditional use permit. 5. Up to two temporary employees allowed. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Interim Zoning & Subdivision Administrator MRC/bad cc: /Gary W. Dove, Gainesboro District Supervisor George Kriz andChdirles Triplett, Gainesboro Planning Commissioners -1an-e Anderson, Real Estate _,G�inmissioner of Revenue 107 North Kent Street • Winchester, Virginia 22601-5000 Ww¢, CONDITIONAL USE PERMIT #09-04 a JAMES A. BAYLISS AND BARBARA V. BAYLISS Staff Report for the Board of Supervisors Meeting y0.GIN/ ' '"fl Prepared: June 9, 2004 Staff Contact: Mark R. Cheran, Planner 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: 06/02/04 Recommended Approval. Board of Supervisors: 07/14/04 d-Pmding�' eG� LOCATION: This subject property is located at 2680 Northwestern Pike (Route 50 W). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER(s): 52-A-56 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential, County Store, and Vacant PROPOSED USE: Cottage Occupation - Real Estate Brokerage REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 50, 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 commercial standards. CUP #09-04 James A. and Barbara V. Bayliss June 9, 2004 Page 2 Frederick County Fire Marshall: No significant increase in fire department response. Health Department: Health Department has no objection to request. Frederick County Inspections: Area of the building utilized 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 17.1-98 Accessible and Usable Buildings and Facilities. Please submit a floor plan of the area at the time of change of use building permit application for review. Permit shall be issued, inspections approved and new certificate of occupancy issued prior to operation. Planning and Zoning This proposed application is in response to a zoning complaint that staff received. The applicant was cited for operating a cottage occupation without obtaining a Conditional Use Permit (CUP). The Frederick County Zoning Ordinance allows cottage occupations in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The proposed use would occur at the applicant's residence. There will be no large scale real estate sales activity located on site. The customer base is managed over the telephone and computer, with no more than five (5) customers at any one time on site. There will be no employees associated with this proposed use, other than those residing in the dwelling. Based on the limited scale of this proposed use and evaluation of the property, it appears that this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 06-02-04 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. No more than five (5) customers at any one time on site. 3. Any proposed business sign shall conform to Cottage Occupation sign requirements; and shall not exceed four (4) square feet in size. 4. Any expansion or modification shall require approval of a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF THE 06/02/04 MEETING: A member of the Commission asked about the nature of the complaint received by the staff. Staff explained that during the review of Mr. Bayliss's business license review form, it was determined that the applicant was not in compliance for a cottage occupation. In addition, a field check of the 0 • CUP #09-04 James A. and Barbara V. Bayliss June 9, 2004 Page 3 site indicated the applicant had an illegal sign. The applicant explained that this will be a family business, primarily just himself and his wife. He said that after some reflection, however, he wondered whether it would be possible to have the option of one temporary administrative employee and one licensed employee, if by chance an illness would happen to either himself or his wife. Members of the Commission explained to Mr. Bayliss that the requirement for the sign size was two feet -by -two feet, not four feet -by -four feet. Mr. Bayliss said that he would modify the size of his existing sign to meet those requirements. When asked about the condition limiting the number of customers to five at any one time on the site, Mr. Bayliss said he was comfortable with that number of clients. There were no citizen comments. The Planning Commission believed the request for the two temporary employees would not have an adverse affect on the neighborhood; therefore, it was added as a fifth condition to those conditions recommended by the staff. The Planning Commission unanimously recommended approval of the conditional use permit with the following five conditions: All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any one time on site. Any proposed business sign shall conform to Cottage Occupation sign requirements; and shall not exceed four square feet in size. 4. Any expansion or modification shall require approval of a new Conditional Use Permit. 5. Up to two temporary employees allowed. (Please note: Commissioners Ours and Triplett were absent from the meeting.) 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: .Tames A. & Barbara V. Bayliss, 2680 Northwestern Pike, Winchester, VA 22603 Telephone: 54-667-3983 Home Name of development and/or description of the request: Conditional se permit to conduct a cottage industry general real estate brokerage. of huciness will be conducted by telephone or by internet Location: 2680 Northwestern Pike, Winchester, VA 22603(Said property is located approx. mi l ac wegr of Winchester on the north side of Route 50.) Va. Dept. of Transportation Comments: The application for a Conditional Use Permit fortis property appears to have little measurable on ou e e adequate for proposed tise. llawe-veF, should use ever @xpapd 44 the fi it, Ire thi- Pntrancp may have to -be -uoa.ra.ded_tr, \mnT rnmmPrrial standards. Thank you for allowing us the opportunity to comment. VDOT Signature and Date: &"— li L O&d� Y/� /Z--- V_eK (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. REQUEST FOR CONDITIONAL USEPERMITCOMMENTS Frederick County Fire Marshal ATTN: Fire Marshal 107 North Kent 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: James A. & Barbara V. Bayliss, 2680 Northwestern Pike, Winchester, VA 22603 Telephone: 540-667-3983 Home Name of development and/or description of the request: Conditional use permit to conduct a small general real estate business in an office in my residence. :Location: 2680 Northwestern Pike, Winchester, VA 22603. (This property is located approx. 2 miles west of Winchester on the north side of Route 50). Fire Marshal Comments: O , C. Fire Marshal Signature & Date (NOTICE TO FIRE MARSHAL - PLEASE RETURN I 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 any other pertinent information. 10 /ICX �o w x RS H 64 r VIRGINIA Control number CUP04-0010 Project Name Bayliss Real Estate Cottage Address 2680 Northwestern Pike Type Application Conditional Use Current Zoning RA Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed Date Revised 4/21 /2004 4/21 /2004 Applicant James & Barbara Bayliss City State Zip Applicant Phone Winchester VA 22603 540-667-3983 Tax ID Number Fire District Rescue District 52-A-56 15 15 Recommendations Automatic Sprinkler System Automatic Fire Alarm System No No Other recommendation Portable fire extinguishers and smoke detection equipment. Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Requirements Hydrant Location Not Identified Roadway/Aisleway Width Adequate Additional Comments No increase in risk factors for fire department response. Election District Gainesboro Residential Sprinkler System Yes Fire Lane Required No Special Hazards No Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh Title REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department RECEIVED Attn: Building Official APR 21 2004 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5650 &MSP CHO The Frederick County Inspections Department is located at 107 North Kent Street, 2nd floor of the County Administration North Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: James A & Barbara V. Bayliss 2690 Northwestern Pike, Winchester, VA 226M Home Telephone No. 540-662-9216 Name of development and/or description of the request: Conditional use permit to operate a small general real estate brokerage in my residence. Location: 2690 Northwestern Pike, Winchester, VA ?9AQ1 (PrnlPrfW is 1nratari apnrox_ 9 miles west of Winchester on the north side of Route 50. Inspections Department Comment: Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT-1 FORM c W 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. j;�'q '�;iD All� 0 Area of the building utilized 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 A117.1-98 Accessible and Usable Buildings and Facilities. Please submit a floor plan of the area at the time of change of use building permit application for review. Permit shall be issued, inspections approved and new certificate of occupancy issued prior to operation. • OCoq © 4 0315 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester -Frederick County Health Department;:- 107 North Kent Street, Suite 201 Winchester, Virginia 22601 y'nc*'`r�r (540) 722-3480 01DO _ 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 &ne�nuT James A. & Bartara V. Bayliss, GbtSU Northwestern Pike, Winchester, VA 22603 ---NeMQ T-Ipphnnp # 540-667-3983 Name of development and/or description of the request: A rnnd;ti_onal use permit to operate a small general real estate brokerage in a home office at my residence. Location: Pike Winchester, VA 22603 (Property is located approx. 2 mile west of Winchester on the north side of Route 50. :Health Department Comments: is Ct <s -(.- Signature and Date: �/— Z/ — �, % ks 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 Sanitation Authority Attn: Engineer Director P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone number: Name of development.and/or Location: Sanitation Authority Comments: on of the request: Sanitation Authority Signature & Date: (NOTICE TO SANITATION AUTHORITY RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. 'Also, please attach a copy of your application form, location map and all other pertinent information. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS CITY OF WINCHESTER Attn: Planning Director 15 North Cameron St. Winchester, Virginia 22601 (540) 667-1815 The City of Winchester Planning Dept. is located in Rouss City Hall at 15 North Cameron St. in Winchester, if you prefer to hand deliver this form. Applicants name, address and phone number: Name of development and/or description,.of the°request: City of Winchester Comments: Director Signature and Date: (NOTICE TO DIRECTOR * PLEASE RETURN THIS FORM TO THE 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. Please also attach a copy of your application form, location map, proffer, statement, impact analysis, and all other pertinent information. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Name of development and/or description of the request: Airport Signature and Date: (NOTICE TO AIRPORT. * PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT I:t 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, proffer statement, impact analysis, and all other pertinent' information. 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. 1. 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 info �, ation 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 --4Z 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? Mark R. Cheran was extremely helpful by giving me advice and instructions on how to accomplish the procedures for this permit in the shortest possible time. 7. Do you have any suggestions about what we could do to make this process work better? Perhaps, by being able to FAX the different departments their part in this process and by being able to receive their Faxed responses. Mai, 17, 1996 (KAwp\cmalbah crlapplic.rev)