068-07BOARD OF SUPERVISORS
Kr;SOLUTION AUTHORIZING THE COUNTY TO APPEAL
THE BOARD OF ZONING APPEALS' DECISION RE:
APPEAL APPLICATION #04-07 OF JOYCE MYERS
WHEREAS, on May 15, 2007 the Frederick County Board of Zoning Appeals conducted
a hearing on Appeal Application #04-07 of Joyce Myers; and
WHEREAS, this application was an appeal of the decision of the Zoning Administrator
in the administration of the Zoning Ordinance pursuant to Article V - RA Rural Areas
District, Section 165-50 -Permitted Uses, pertaining to animal shelters; and
WHEREAS, the Board of Zoning Appeals over-ruled an interpretation by the Zoning
Administrator regarding allowed uses in the Rural Areas (RA) Zoning District; and
WHEREAS, the Board of Supervisors believes the'Board of Zoning Appeals'
justification in this action was contrary to those judicial powers placed upon them by the
Code of Virginia.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the
County of Frederick, Virginia, hereby authorizes the County Attorney to proceed on
behalf of the Board of Supervisors to appeal the decision of the Board of Zoning Appeals
in Appeal Application #04-07 of Joyce Myers to the Circuit Court of Frederick County.
VOTE:
Richard C. Shickle Nam Bill M. Ewing A3 e
Gene E. Fisher Aye Philip A. Lemieux ~e
Charles S. DeHaven, Jr. Aye Barbara E. Van Osten Aye
Gary W. Dove Nay
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John ley, r.,' C i-k
Resolution 4I068-07
(Board Meeting of May 23, 2007)