HomeMy WebLinkAbout02-15 ResolutionAction:
RESOLUTION
PLANNING COMMISSION: September 16, 2015
BOARD OF SUPERVISORS: October 28, 2015
RESOLUTION
- Recommended Approval
F APPROVED ❑ DENIED
CONDITIONAL USE PERMIT #02-15
JAMES AND SUSAN BROWN
WHEREAS, Conditional Use Permit #02-15 of James and Susan Brown,
submitted by James M. Brown and Susan K. Brown for a Kennel -Dog Breeding facility was
considered. The property is located at 719 Barley Lane. The property is further identified
with Property Identification Number 61-A-23 in the Back Creek Magisterial District. The
conditional use is a permitted use in the RA (Rural Areas) Zoning District; and
WHEREAS, the Frederick County Planning Commission held a public
hearing on the conditional use permit on September 16, 2015, and recommended
approval of the Conditional Use Permit with conditions; and,
WHEREAS, the Frederick County Board of Supervisors held a public
hearing on this Conditional Use Permit during their regular meeting on October 28, 2015;
and,
WHEREAS, the Frederick County Board of Supervisors finds the
approval of this conditional use permit to be in the best interest of the public health,
safety, welfare, and in conformance with the Comprehensive Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County
Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is
amended to revise the zoning map to reflect that Conditional Use Permit Application
#02-15 — James and Susan Brown for a Kennel -Dog Breeding facility is permitted on the
parcel identified by Property Identification Number (PIN) 61-A-23 with the following
conditions:
PDRes #38-15
1. All review agency comments shall be complied with at all times.
2. This CUP is solely to enable the breeding of dogs on this property.
3. No more than twenty (20) adult dogs and shall be permitted on the
property at any given time.
4. No employees other than those residing on the property shall be
allowed.
5. All dogs shall be controlled so as not to create a nuisance to any
adjoining properties by roaming free or barking.
6. All dogs must be confined indoors by 9:00 p.m. and not let outdoors
prior to 8:00 a.m.
7. Any proposed business sign shall conform to the Cottage Occupation
sign requirements and shall not exceed four (4) square feet in size and
five (5) feet in height.
8. Any expansion or modification of this use will require the approval of
a new Conditional Use Permit.
Passed this 28th day of October, 2015 by the following recorded vote:
Richard C. Shickle, Chairman
Aye
Gary A. Lofton
Aye
Robert Hess
Aye
Charles S. DeHaven, Jr.
Aye
Gene E. Fisher Aye Jason E. Ransom Aye
Robert W. Wells Aye
A COPY ATTEST
Arenda G. Garton
Frederick County Administrator
PDRes #38-15
BOS Res. 4023-15
2
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
October 29, 2015
James M. Brown
Susan Brown
719 Barley Lane
Winchester, VA 22602
RE: CUP #02-15
Property Identification Number 61-A-23
Dear Mr. and Mrs. Brown:
October 28, 2015. Conditional Use Permit #02-15 was approved for a Kennel -Dog Breeding facility.
Further conditions associated with the approval of the Conditional Use Permit include the following:
1. This letter is to confirm action taken by the Frederick County Board of Supervisors at their
meeting on All review agency comments shall be complied with at all times.
2. This CUP is solely to enable the breeding of dogs on this property.
3. No more than twenty (20) adult dogs shall be permitted on the property at any given time.
4. No employees other than those residing on the property shall be allowed.
5. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming
free or barking.
6. All dogs must be confined indoors by 9:00 p.m. and not let outdoors prior to 8:00 a.m.
7. Any proposed business sign shall conform to the Cottage Occupation sign requirements and shall
not exceed four (4) square feet in size and five (5) feet in height.
8. Any expansion or modification of this use will require the approval of a new CUP.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
�ar�le�eh" ran
Zoning Administrator
MRC/pd
cc: Gary Lofton, Board of Supervisors, Back Creek District
J. Rhodes Marston and Greg L. Unger, Back Creek Planning Commissioners
Jane Anderson
Commissioner of Revenue
Inspection Department
Fruit Hill Orchard, P.O. Box 2368, Winchester, VA 22604
107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000