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Home My WebLink About01-99 David L Shull Sr - Back Creek - Backfile4 CUP TRACKING SHEET (To be completed -by Fred�er.�ick Co Staff only.) CUP (�� 1 ^(1CI Owner/Applicant Application Date Fee Paid yes initials: --r'P2 Sign Deposit yes Sign return date: Submittal Cut -Off DateQ�� 9 �' P/C Mtg. date: -1- BOS Mtg. date: 1-7 AGENCY REVIEW COMMENTS VDOT y Inspections Fire Marshal Health Dept. Airport Authority City of Winchester X Co Sanitation Authority PLANNING COMMISSION RECOMMENDATIONS OF r (date) APPROVAL (WITH CONDITIONS) ✓ yes aDENIAL Signe ,Secretary Date :?j- ( 9- 91,q BOARD OF SUPERVISORS PUBLIC HEARING ACTION -r0_ja 5�; OOJIO, i CdhA��lo� (date) APPROVAL Signe YrAunt�. aDENIAL Date A Ir1TC C DATE: File opened Reference Manual updated/number assigned D-base updated ,/ 40 color location maps requested from Mapping & Graphics Four sets of labels requested from Data Processing !t . File given to Renee' to update Application Action Summary CLOSE OUT FILE: L, Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" Reference Manual updated V/ D-base updated ,/5 File given to Renee' for final update to Application Action Summary Other notes: U:\CAR0L\C0MM0N\TF-ACK1NG.CUP Revised 11/5/98 CASH I RECEIPT Date s- C 001095 wReceived From i .- Address Z it 0 o Ma ris For 22 AMT OF -1 , y,J a, ACCOUNT] CASH AMT. PAID CHECK ry LL BALANCE _ MONEY � �\ DUE - ORDER BY tr COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Clerk Typist IIJ SUBJECT: Return Of Sign Deposit DATE: May 4, 1999 The amount of $25.00 was deposited in line item #10-911-08 for the person named below as a deposit for a sign for Conditional Use Permit Application #01-99. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to; Mr. David L. Shull 7317 Northwestern Pike Gore, VA"22637 RSA/kaclp 107 North Kent Street 0 Winchester, Virginia 22601-5000 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824-0278 August 23, 1999 JERRYA. COPP RESIDENT ENGINEER TELE (540) 9845600 FAX(540)984-5607 Mrs. Marie Shull Ref: Proposed Commercial Entrance 7317 Northwestern Pike Route 50 (Northwestern Pike) Gore, VA 22637 Frederick County Dear Mrs. Shull: As requested, I am enclosing the following information: • Form CE-7A, Land Use Permit Application • Form MP-20, Land Use Permit Surety Bond • Form MP-231, Irrevocable Letter of Credit • Example Sketch and other miscellaneous information Form CE-7A will need to be filled out completely. The permit fee will be $40.00. This should be in check form made payable to VDOT and submitted with the above information. The proposed work will require a surety fee in the amount of $2,500.00. I have supplied you with both Forms MP-20 and MP-231. Select the one that is most convenient for you and submit it with your application. Should you have any questions concerning this information, please do not hesitate to give me a call at (540) 722-3460. Sincerely, Dave A. Heironimus Highway Permits and Subdivision Specialist, Sr. GENE pep AUG 2 5 7999 Enclosures pc: Mr. Greg Hoffman, Mr. Kris Tierney, Mr. Steve Melnikoff KEPI; OF PLANNING/DEVELOPMENT, WE KEEP VIRGINIA MOVING FILE COPY COUNTY of FREDFRICK Department of Planning and Develapment 540/665-5651 FAX: 540/ 678-0682 April 16, 1999 Mr. David L. Shull, Sr. 7317 Northwestern Pike Gore, VA 22637 RE: CUP #01-99 of David L. Shull, Sr. - Property Identification Number 27-A-91 Dear Mr. Shull: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on April 12, 1999. Your Conditional Use Permit, #01-99 for a public garage with body repair, was approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. 3. No more than five (5) inoperable vehicles shall be permitted to be stored on the property at any one time. These inoperable vehicles shall be screened from view from adjoining properties and Route 50. 4. An opaque device at least five (5) feet in height shall be installed to screen all activities associated with the operation of the public garage from view from adjoining properties and Route 50. 5. All repair activities shall occur entirely within an enclosed structure. 6. Any expansion of the business shall require a new Conditional Use Permit. 7. Compliance with all review agency requirements and conditions must occur within 90 days of permit approval. If you have any questions regarding this action, please feel free to call this office. Sincerely, Christopher M. Mohn, Planner H CMM/cc cc: Commissioner of Revenue 0AAgendas\APPR_DEN.LTR\DavidShuH.CUP 107 North Kent Street - Winchester, Virginia 22601-5000 PC REVIEW: 03/17/99 BOS REVIEW: 04/12/99 CONDITIONAL USE PERMIT #01-99 DAVID L. SHULL, SR. Public Garage with Body Repair LOCATION: This property is located at 7317 Northwestern Pike. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 27-A-91 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas); Land Use: Residential and Vacant PROPOSED USE: Public Garage with Body Repair REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. However, prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the state's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Department: Existing building shall comply with the Virginia Uniform Statewide Building Code and Section 311, Use Group S (Storage) of the BOCA National Building Code/1996. Other codes that apply are CABO Al 17.1-92, Accessible and Useable Buildings and Facilities. Please submit a floor plan of existing building showing the areas and their use. A change of use permit shall be issued and inspection performed before a new Certificate of Occupancy can be issued. Fire Marshal: Emergency vehicle access shall be maintained at all times. No application of flammable finishes will be allowed without proper protection. David L. Shull, Sr. CUP #01-99 Page 2 April 7, 1999 Health Department: No increase in sewage disposal from the body shop proposed. The Health Department has no objections to this conditional use permit. Frederick Co. Sanitation Authority: No comment. Planning and Zoning: Public garages with auto body repair are permitted in the RA Zoning District with an approved conditional use permit provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from the view from surrounding properties. If necessary, such screening should be accomplished through the installation of an opaque fence at least five (5) feet in height. This application was submitted following a site inspection by staff that revealed the operation of a public garage with auto body repair on the subject property without the required CUP. It should be noted that this inspection was initiated by a citizen complaint. The applicant was notified by certified mail that staff had observed violations of the Zoning Ordinance during their inspection of the site which could be resolved, in part, through the successful attainment of a CUP. The requested use consists of general automobile repair activities, as well as body repair that occurs within an existing two -car garage attached to the dwelling. Such body repair has been observed to involve the application of paints and finishes. There is very limited natural screening between the subject property and the adjoining parcel in closest proximity to the requested use. Furthermore, during periods of heavy business activity, vehicles awaiting service, as well as automobile parts, have been observed unscreened and visible from Route 50. Therefore, in accordance with applicable Zoning Ordinance standards, the applicant must install an opaque device at least five (5) feet in height to effectively screen such outdoor storage from view from both Route 50 and the adjoining property. Upon installation of the required screening and assuming compliance with all review agency comments, staff believes that the proposed use could operate on the subject property without significant impact on the surrounding community. STAFF RECOMMENDATION FOR 03/17/99 PLANNING COMMISSION MEETING: Staff recommends approval of this application with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. David L. Shull, Sr. CUP #01-99 Page 3 April 7, 1999 3. No more than five (5) inoperable vehicles shall be permitted to be stored on the property at any one time. These inoperable vehicles shall be screened from view from adjoining properties and Route 50. 4. An opaque device at least five (5) feet in height shall be installed to screen all activities associated with the operation of the public garage from view from adjoining properties and Route 50. 5. All repair activities shall occur entirely within an enclosed structure. 6. Any expansion of the business shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF 03/17/99: Two adjoining property owners were present and stated they had no objections to the operation ofthe public garage. One of the adjoiners, however, commented that Mr. Shull should be required to abide by the same regulations as other public garages with body repair in the County. He pointed out that there are building code requirements that must be met for operation of spray painting booths, and he also believed that installation of a commercial entrance would be somewhat problematic because of the elevation from Route 50 to Mr. Shull's property. The applicant was not present at the Planning Commission's public hearing on March 17. It was pointed out that the applicant is currently operating illegally, which was brought to the staff s attention via a complaint. Several items concerning Building Code compliance were discussed by the Commission and staff. It was noted that the Building Official would be responsible for ensuring that spray painting operations complied with code requirements and, in addition, the applicant would need to acquire a Change of Use Permit for the building. The staff noted that the applicant must comply with these requirements before the Building Official will issue a Certificate of Occupancy. It was also pointed out that the applicant's sign exceeded the size permitted for a Cottage Occupation and would need to be brought into compliance. A member of the Commission recommended that the applicant should be required to adhere to all review agency comments and conditions within 90 days of approval of the CUP. This was considered appropriate due to the fact that the public garage with body repair had already been established on the property. However, another member of the Commission believed that no action should be taken until the applicant could be present to answer questions directly from the Commission. It was also remarked that a great deal of work needed to be accomplished by the applicant to conform with review agency requirements, which prompted the Commission to discuss whether the suggested 90 days would be enough time for compliance. The Commission ultimately decided to include the 90- day deadline for compliance with their recommendation. It was further agreed that if the applicant needed more time, he could pursue an extension of time through standard CUP procedures. David L. Shull, Sr. CUP #01-99 Page 4 April 7, 1999 By majority vote, the Planning Commission recommended approval of Mr. Shull's Conditional Use Permit with the stipulation that compliance with all review agency comments and the following conditions be accomplished within 90 days of final permit approval: 1. All review agency comments and requirements shall be complied with at all times. 2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. 3. No more than five (5) inoperable vehicles shall be permitted to be stored on the property at any one time. These inoperable vehicles shall be screened from view from adjoining properties and Route 50. 4. An opaque device at least five (5) feet in height shall be installed to screen all activities associated with the operation of the public garage from view from adjoining properties and Route 50. 5. All repair activities shall occur entirely within an enclosed structure. 6. Any expansion of the business shall require a new Conditional Use Permit. The vote was as follows: YES (TO APPROVE): Miller, Stone, Thomas, Romine, DeHaven, Marker, Copenhaver, Light, Morris NO: Wilson (Note: Mr. Ours was absent from the meeting.) O: \Agendas\CO M M E NTS\C U P's\ D avi d S h u l I. C U P N 2 Pts. v 76B QO vc� w E �0 76A 81 80 79 �0 76 oc 4 �F 2 Pts. 82 s r° 75 85 oc 8 �o 83 84 87 ^ ,o. o r o� 0 44 95 e* 93 24 D. D. Whitacre Kollar L. Seldon B 24A 9�-9 a3q 88 25 21 N. Ker eval 6 ee or tern r" 26 2 J. Lambert m 90 �95brgaRoo 3o yo ae Rt. M1 48 43 Gore M28Pts. 39 99 00 dj x 39 ee 9�ej ? 43A 96 Bock ek d. 100 Rt. 7 x 89 909' 95 a J 9 30°� �°� 33 See 35 `� 106A 28 3 > 2 1 2 9 10 Pt 31 � 106 B Cr�� 3 t 32A 26A 2 Pts _ - (4) 2 Pts. o6e oa �s 22 ^� (5) I oc eF o 22 _ ^12tsPts �ts. i. X:4 _ '' �,j i 9 (6) Ito 32 oc 21 >> (7) 7 „ CUP #01-99 PIN: 27—A-91 David L. Shull, Sr. Produced by Frederick County Planning and Development, 02-08-99 -5-9q 3-11-99 4-1Z-9q 60,cP, CREEK ,�utomb�-Ile �epo-ir witti &d� kfpo'IK 0 0 BOOK 391 FAGF. 392 ' o scat e: 1'= 200' nov. 15,1963 i . u�) KtrNs Whitacre (JAI fill lc9i � rt2 SO (�) , 00 782 acres. 7 M fCtG (3) Pomtit 6&mih w COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.CUP98-0017 Date Received 11/24/98 Date Reviewed 12/14/98 Applicant David L. Shull Address 7317 Northwestern Pk. Gore, VA 232637 Project Name Body Shop Phone No. Type of ApplicationCUP Current Zoning 1st Due Fire Co. 14 1st Due Rescue Co. 14 Election DistrictGainesboro Tax I.D. No. 27-A-91 RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler SystemX i� Automatic Fire Alarm SystemX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments Emergency Vehicle shall be Maintained at all times. Roadway/Aisleway Widths Adequate X Inadequate Not Identified Special Hazards Noted Yes X No Comments No application of flammible finishes will be allowed without proper protection. Hydrant Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No Plan Approval Recommended? Yes No XX Signature/ Title - L 1 Virginia Department of Transportation Attn: Resident Engineer P.O. Bog 278 Edinburg, Virginia 22824-0278 (540) 984-5600 I ��woY t ..� - ') NT V DOT L:i,,J►NDUP,11 ►RETDENCY NOV P :1 1998 ❑J,AC Q NKS ❑ NDS ❑KQC ❑ HFC ❑ VCZ The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Va. Dept. of Transportation Comments: No objection to a conditional use permit for this property. However, prior to operation of the business a commercial entrance must be constructed to our mininn stnadards to allow for cafe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a 1 ad use permit. THe permit is issued by this office and requires an VDOT Signature and Date: (NOTICE TO RESIDENT ENGINEER*PLEA E RETURN TMS 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. 1.4 Qb.ac) REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Kent Street Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Name of development and/or description of the request: Location: Inspection Department Comments: Comments are on the back of this form. Code Administrator Signature & Date: G �` (NOTICE TO INSPECTIONS DEPT.*PLEASE U N T FORM T PLIC .) 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. 0 Vic, —1-Ir I - Existing building shall comply with the Virginia Uniform Statewide Building Code and section 311, use group S (Storage) of The BOCA National Building Code/1996 Other codes that apply are CABO A117.1-92 Accessible and Usable Buildings and Facilities. Please submit a floor plan of existing building showing the areas and there use. A change of use permit shall be issued and inspection preformed before a new Certificate of Occupancy can be issued. J_L L] • :*gaa3L)4b �S- REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand delivered this form. A plicant's name addr s and ne num e , f� �- -Oa 5 NWe of development and/ r de�:i`ptiioon of the request: Vx 11 Yl Loc ion: Health Department Comments: 1/'9 %r✓ lr2i-ads � �-,� �x-z✓frCr� �� c- Pv sist Fvt-�>,� ��{ ,�-0��1� Prcr�� s-rs� Signature and Date: NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in agency with their review. Also, please attach a copy of your application fi all other pertinent information. 21, 0 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. Name of development and/or des,ption of the request: �j� u\ \ 1S c�CY �,?�\j-,n-,(-) Sanitation Authority Comments: Sanitation Authority Signature & Date: (NOTICE TO SANITATION t HORITY * RETURN THIS FORM TO APPLICANT.) &0 �� r 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. . COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 March 29, 1999 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OF DAVID L. SHULL, SR., CONDITIONAL USE PERMIT #01-99 On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Monday, April 12, 1999, at 7:15 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia.. This hearing is to consider Conditional Use Permit #01-99, submitted by David L. Shull, Sr. to operate a public garage with body repair. This ,property is located at 7317 Northwestern Pike, and is identified with Property Identification Number 27-A-91 in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Christopher M. Mohn, CZO Planner II CMM/cc O:\Agendas\ADJOINER\DavidShull.CUP 107 North Kent Street • Winchester, Virginia 22601-5000 L� This is to certify that the attached correspondence was mailed to the following on / SO, /' 9 from the Department of Planning and Development, Frederick County, Virginia: Mr. David L. Shull, Sr. 7317 Northwestern Pike Gore, VA 22637 27 - A- - 91-A KERCHEVAL, NANCY G. 519 FAIRMONT AVE WINCHESTER, VA. 27 - A- - 92- SELOON, LYNDALL PO BOX 67 22601.3930 HIGH VIEW, WVA. 26808-0067 L/ - A- - HJ- KOLLAR, DAVID A. 4530 NORTHWESTERN PIKE WINCHESTER, VA 22603.3549 STATE OF V RGINIA COUNTY OF FREDERICK L/ - A- - Ub- WHITACRE, DELBERT W HC 61 BOX 144 CAPON BRIDGE, WV 26711.9710 Z/ - A- - 96- LAMBERT, JAMES L. RR 1 BOX 1829 BERRYVILLE, VA 22611-9717 Christ6pfier M. Mohn, Planner H Frederick Co. Planning Dept. I, a Notary Public in and for the State and County afores id, do hereby certify that Christopher M. Mohn, Planner II, for the De artment of Planning and Development, whose name is signed to the foregoing, dated 30 , 1a� q has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this �-T day of 21J UtJU My commission expires on ��j ac'�_ NO ARY PUBLIC c' • i COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 I rIFICAVIONI OF PUBLIC rlsARI G March 3, 1999 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS) RE: APPLICATION OF DAVID L. SHULL, SR., CONDITIONAL USE PERMIT #01-99 On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, March 17,1999, at 7:00 p.m., in the board room ofthe Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Conditional Use Permit #01-99, submitted by David L. Shull, Sr. to operate a public garage with body repair. This property is located at 7317 Northwestern Pike, and is identified with Property Identification Number 27-A-91 in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, Christopher M. Mohn, CZO Planner II CN M/cc O:\Agendas\ADJOINER\DavidShull.CUP 107 North Kent Street 9 Winchester, Virginia 22601-5000 0 4 This is to certify that the attached correspondence was mailed to the following on aml3 / ? % 9 from the Department of Planning and Development, Frederick Cou�ii y, Virginia: Mr. David L. Shull, Sr. 7317 Northwestern Pike Gore, VA 22637 27 - A- - 91-A - KERCHEVAL, NANCY G. 519 FAIRMONT AVE WINCHESTER,VA. 22601.3930 27 - A- - 92- SELDON, LYNDALL PO BOX 67 HIGH VIEW, WVA. 26800.0067 - --- — 27 - A. - 93- - --- ---- KOLLAR, DAVID A. 4530 NORTHWESTERN PIKE WINCHESTER, VA 22603-3549 21 - A- - 95- WHITACRE, DELBERT W 27 A• . 96- - - - — LAMBERT, JAMES L. RR 1 BOX 1829 BERRYVILLE, VA 22611.9717 i HC 61 BOX 144 CAPON BRIDGE, WV 26711.9710 Christo h r M. Moohn, Planner H Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, a Notary Public in and for the State and County aforesa' , do hereby certify that Christopher M. Mohn, Planner II, for the Department of Planning and Development, whose name is signed to the foregoing, dated ij3td, / 9q has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this � day of WlaAeL My commission expires on0&4uX / NOTARY PUBLIC 34- lrl2prc4-kb-+azy,(4l prc o'j &rb'c,t 4- E P.�e 5 � t., !L-a v; d Clco� 15awl J� _ !S4*d GU cAj ou.l cl rt (Mule. \J" vn (L iscr.een hem. 44 w o z Q.Qw 10-rof-wd 4h of f1mbocorc �wu'O Slgr) W he rmto ued , Y\,L IA)U(-4. 06 �s$- 35a�- DATE ORDERED ORDER TAKEN BY PHONE NO. CUSTOMER ORDER # JOB LOCATION JOB PHONE STARTING DATE TERMS QTY. MATERIAL UNIT I AMOUNT DESCRIPTION OF WORK low MISCELLANEOUS CHARGES LABOR HIRS. RATE T DATE ORDERED DATE COMPLETED i CUSTOMER APPROVAL S|GNATURE AUTHORIZED SIGNATURE a. wo2817 JOB INVOICE TOTAL LABOR TOTAL MATERIALS TOTAL MISCELLANEOUS SUBTOTAL TAX GRAND TOTAL () W L 2 l0 O O 00 Cl) E 0 t1 U) a Z 026 785 618 Receipt for Certified Mail t t� No Insurance Coverage Provided Do not use for International Mail [i�� SERVKf (See Reverse) Sent to MR. DAVID L. SHULL Street and No 7317 P 0. State a'o Iln Code GORE, VA 22637 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Retwn Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage & Fees Postmark or Date STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AN!L CHARGES FOR ANY SELECTED OPTIONAL SERVICES (see front)• 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hard it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 105603-93-B-0218 'e. CERTIFIED MAIL August 30, 1999 Mr. David L. Shull 7317 Northwestern Pike Gore, Virginia 22637 Eup 04 --cl�? COUNTY of FREDERICK , Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 RE: 7317 Northwestern Pike; Property Identification Number (PIN): 27-A-91 Zoning District: RA(Rural Areas District) Dear Mr. Shull: On August 24, 1999, at 10:00 a.m., I visited the above -referenced property to conduct a site inspection to verify conformance with the conditions approved with Conditional Use Permit #01-99, for a public garage with body repair. As you are aware, compliance with all review agency requirements and conditions was required to occur within ninety (90) days of permit approval, which occurred on April 12, 1999. My inspection of the site revealed the presence of the following violations of your Conditional Use Permit: 1. A Certificate of Occupancy has not been issued by the Building Official as required by Condition #1 of the approved permit. 2. A commercial entrance has not been constructed to Virginia Department of Transportation (VDOT) minimum standards as required by Condition #1 of the approved permit. As the ninety -day period for compliance has expired, it is necessary for you to submit a working plan that confirms your intention to immediately resolve these outstanding issues. Such a plan must be submitted to this department within fifteen (15) days of your receipt of this letter and should include a detailed outline of the measures proposed to attain compliance. It is also necessary for you to provide a commitment to accomplish identified tasks within a specific period of time. For your reference, I have enclosed a copy of the approved Conditional Use Permit and the relevant conditions have been highlighted. In accordance with Section 165-21(B) of the Frederick County Zoning Ordinance, a Conditional Use Permit may be revoked by the Board of Supervisors for violations of the conditions of the 107 North Kent Street 9 Winchester, Virginia 22601-5000 Page 2 Mr. David L. Shull Re: 7317 Northwestern Pike August 30, 1999 permit. Therefore, should the above -referenced issues not be resolved, your permit will be presented to the Board for potential revocation. Without a valid Conditional Use Permit, a public garage with body repair would not be permitted to operate from the subject property. Please contact me as soon as possible with your plan to resolve these violations. Sincerely, r Mark R. Cheran Planner I MRC/CMM/rsa Enclosures cc: John Trenary, Building Official Dave Heironimus, Virginia Department of Transportation (Edinburg) Michael T. Ruddy, Zoning Administrator Christopher M. Mohn, Planner II bc: Margaret B. Douglas, Back Creek District Supervisor U.MarklCommonlMettersi Shull.wpd FILE COPS' COUNTY of 11♦'REDEMCK DS�pnrtnnent of Plarni. g and :DevelopmAent 540/665-5651 TAX: 540/ 673-0632 April 16, 1999 Mr. David L. Shull, Sr. 7317 Northwestern Pike Gore, VA 22637 RE: CUP #01-99 of David L. Shull, Sr. - Property Identification Number 27-A-91 Dear Mr. Shull: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on April 12, 1999, Your Conditional Use Permit, #01-99 for a public garage with body repair, was approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. 3. No more than five (5) inoperable vehicles shall be permitted to be stored on the property at any one time. These inoperable vehicles shall be screened from view from adjoining properties and Route 50. 4. An opaque device at least five (5) feet in height shall be installed to screen all activities associated with the operation of the public garage from view from adjoining properties and Route 50. 5. All repair activities shall occur entirely within an enclosed structure. 6. Any expansion of the business shall require a new Conditional Use Permit. 7. Compliance with all review agency requirements and conditions must occur within 90 days of permit approval. If you have any questions regarding this action, please feel free to call this office. Sincerely, Q!R-�Nu- Christopher M. Mohn, Planner H CMM/cc cc: Commissioner of Revenue O Wgendab�APPR_DEN.LTR\DevidShuH.CUP 107 North Rent Street - Winchester, Virginia 22601-5000 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Kent Street Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building. in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Name of development and/or description of the request: Location: 2 Inspection Department comments: Comments are on the back of this form. Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT.*PLEASE NOTICE TO APPLICANT C61 1�-lQ FORM It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. • Existing building shall comply with the Virginia Uniform Statewide Building Code and section 311, use group S (Storage) of The BOCA National Building Code/1996 Other codes that apply are CABO A117.1-92 Accessible and Usable Buildings and Facilities. Please submit a floor plan of existing building showing the areas and there use. A change of use permit shall be issued and inspection preformed before a new Certificate of Occupancy can be issued. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS �.. Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540) 984-5600 The local office of the Transportation Department is located at 1550 Commerce St in'Winchester if you prefer to hand deliver this form. Name of development and/or description of the Va. Dept. of Transportation Comments: No objection to a_conditional use nerrrdt for this property. However, prior to operation of the business a commercial entrance must be constructed to our m;n;rrn,rr, stnadards to allow for safe ee2ress and inp-ress of the property. Any work performed on the States right -of --way must be covered under a lnad use penmt. THe permit is issued by this office and requires an inspection fee and surety bond coy race. VDOT Signature and Date: (NOTICE TO RESIDENT ENGINEER 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. y Z<Q- PC REVIEW: 03/17/99 BOS REVIEW: 04/12/99 CONDITIONAL USE PERMIT #01-99 DAVID L. SHULL, SR. Public Garage with Body Repair LOCATION: This property is located at 7317 Northwestern Pike. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 27-A-91 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas); Land Use: Residential and Vacant PROPOSED USE: Public Garage with Body Repair REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. However, prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the state's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Department: Existing building shall comply with the Virginia Uniform Statewide Building Code and Section 311, Use Group S (Storage) of the BOCA National Building Code/ 1996. Other codes that apply are CABO A l 17.1-92, Accessible and Useable Buildings and Facilities. Please submit a floor plan of existing building showing the areas and their use. A change of use permit shall be issued and inspection performed before a new Certificate of Occupancy can be issued. Fire Marshal: Emergency vehicle access shall be maintained at all times. No application of flammable finishes will be allowed without proper protection. • 4, David L. Shull, Sr. CUP #01-99 Page 2 April 7, 1999 Health Department: No increase in sewage disposal from the body shop proposed. The Health Department has no objections to this conditional use permit. Frederick Co. Sanitation Authority: No comment, Planning and Zoning: Public garages with auto body repair are permitted in the RA Zoning District with an approved conditional use permit provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from the view from surrounding properties. If necessary, such screening should be accomplished through the installation of an opaque fence at least five (5) feet in height. This application was submitted following a site inspection by staff that revealed the operation of a public garage with auto body repair on the subject property without the required CUP. It should be noted that this inspection was initiated by a citizen complaint. The applicant was notified by certified mail that staff had observed violations of the Zoning Ordinance during their inspection of the site which could be resolved, in part, through the successful attainment of a CUP. The requested use consists of general automobile repair activities, as well as body repair that occurs within an existing two -car garage attached to the dwelling. Such body repair has been observed to involve the application of paints and finishes. There is very limited natural screening between the subject property and the adjoining parcel in closest proximity to the requested use. Furthermore, during periods of heavy business activity, vehicles awaiting service, as well as automobile parts, have been observed unscreened and visible from Route 50. Therefore, in accordance with applicable Zoning Ordinance standards, the applicant must install an opaque device at least five (5) feet in height to effectively screen such outdoor storage from view from both Route 50 and the adjoining property. Upon installation of the required screening and assuming compliance with all review agency comments, staff believes that the proposed use could operate on the subject property without significant impact on the surrounding community, STAFF RECOMMENDATION FOR 03/17/99 PLANNING COMMISSION MEETING: Staff recommends approval of this application with the following conditions: 1. All review agency comments and requirements shall be complied with at all times, 2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. David L. Shull, Sr. CUP #01-99 Page 3 April 7, 1999 3. No more than five (5) inoperable vehicles shall be permitted to be stored pn the property at any one time. These inoperable vehicles shall be screened from view from adjoining properties and Route 50. 4. An opaque device at least five (5) feet in height shall be installed to 'screen all activities associated with the operation of the public garage from view from adjoining properties and Route 50. 5, All repair activities shall occur entirely within an enclosed structure. 6. Any expansion of the business shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF 03/17/99: Two adjoining property owners were present and stated they had no -objections to the operation ofthe public garage. One of the adjoiners, however, commented that Mr. Shull should be required to abide by the same regulations as other public garages with body repair in the County. He pointed out that there are building code requirements that must be met for operation of spray painting booths, and he also believed that installation of a commercial entrance would be somewhat problematic because of the elevation from Route 50 to Mr. Shull's property. The applicant was not present at the Planning Commission's public hearing on March 17. It was pointed out that the applicant is currently operating illegally, which was brought to the stars attention via a complaint. Several items concerning Building Code, compliance were discussed by the Commission and staff. It was noted that the Building Official would be responsible for ensuring that spray painting operations complied with code requirements and, in addition, the applicant would need to acquire a Change of Use Permit for the building. The staff noted that the applicant must comply with these requirements before the Building Official will issue a Certificate of Occupancy. It was also pointed out that the applicant's sign exceeded the size permitted for a Cottage Occupation and would need to be brought into compliance. A member of the Commission recommended that the applicant should be required to adhere to all review agency comments and conditions within 90 days of approval ofthe CUP. This was considered appropriate due to the fact that the public garage with body repair had already been established on the property. However, another member of the Commission believed that no action should be taken until the applicant could be present to answer questions directly from the Commission, It was also remarked that a great deal of work needed to be accomplished by the applicant to, conform with review agency requirements, which prompted the Commission to discuss whether the suggested 90 days would be enough time for compliance. The Commission ultimately decided to include the 90- day deadline for compliance with their recommendation. It was further agreed that if the applicant needed more time, he could pursue an extension of time through standard CUP procedures. David L. Shull, Sr. CUP #01-99 Page 4 April 7, 1999 f , By majority vote, the Planning Commission recommended approval of Mr. Shull's Conditional Use Permit with the stipulation `that compliance with all review agency comments and the following conditions be accomplished,within 90 days of final permit approval: I. All review agency comments and requirements shall be complied with at all times. 2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. .3. No more than five (5) inoperable vehicles shall be permitted to be stored on the property at any one time. These inoperable vehicles shall be screened from view from adjoining properties and Route 50. 4. An opaque device at least five (5) feet in height shall be installed to screen all activities associated with the operation of the public garage from view from adjoining properties and Route 50. 5. All repair activities shall occur entirely within an enclosed structure. 6. Any expansion of the business shall require a new Conditional Use Permit. The vote was as follows: YES (TO APPROVE,): Miller, Stone, Thomas, Romine, DeHaven, Marker, Copenhaver, Light, Morris NO: Wilson (Note: Mr. Ours was absent from the meeting.) O:\Agendas\COMMENTS\CUP's\OavidSh uII.CUP t .. Rvv- �y �w e V r 3 �A fli WS r rlk r C e • f �� `• fit,{•� � `�'" �• a ' ,� °[ lP4x fe Out* I tl I', f + N q-lg- 03 Y )a 413 NOWOpt 'y A4 JA • - 'rr 'tea' ° i - ^ m e r - k- m ,_ - •.. � _ - _ .." ..ter ,�, f ow .ter y-1 8- o _3 'w+ �' s ti M � a • �y� ro�ok