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Home My WebLink About09-06 Comments (2)�= 1 2 2007 LAwsON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 THOMAS MOORE LAWSON • TLAWSON(fl LSPLC.COM POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 February 9, 2007 Mr. Kevin T. Henry Planning Technician Planning and Development Department 107 N. Kent Street Winchester, VA 22601 Re: Joyce E. Myers Our File No. 897.001 Zoning Violation & Conditional Use Permit VIA FACSIMILE & FIRST CLASS U.S. MAIL Dear Mr. Henry: This letter is to formally request that Ms. Joyce Myers' application for Conditional Use Permit Application No. 09-06 be withdrawn from consideration. Along with this request, we reserve all rights to re -apply for any permits. We have always believed that this matter could best be resolved in the court system. Because of this belief, I appeared before the Planning Commission on November 15, 2006, and again in January 17, 2007 to request that this conditional use permit hearing be tabled until the pending criminal matter against Ms. Myers could be resolved in court. However, my request for tabling the matter was rejected and now the application is before the Board of Supervisors on February 14. Therefore, I am requesting that Ms. Myers' permit application be withdrawn from consideration. Thank you for your continued assistance and cooperation in this matter. If you have any questions, please do not hesitate to contact my office. VerytnlJCy yours, Tho as TML:mah cc: Ms. Joyce E. Myers Mr. Eric R. Lawrence, Director, Frederick County Planning Department Mr. Richard Shickle, Chairman, Frederick County Board of Supervisors FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SH EKJ@LYNXCONNECT.COM FAIREAX ADDRESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRGINLA 22030, TELEPHONE: (703) 352-2615, FACSIMILE: (703) 352-4190, E-MAIL: THOMASO.LAwSONOVERIZON.NET 01/17/2007 17:44 FAX LAVVSON AND SILEK, P.E.C. 120 ExEM DRIVE, SUITr 200 POSr Omm BOX 2740 WINCFIEBMR, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (440) 722-4051 January 17, 2007 June Wilmot, Chairwoman Roger L. Thomas, Vice Chairman H. Paige Manuel, Commissioner Cordell Watt, Commissioner Greg L. Unger, Commissioner Robert A, Monis, Commissioner John Light, Commissioner Gary R. Oates, Commissioner George J. Kriz, Commissioner Charles E. Triplett, Commissioner Rick C. Ours, Commissioner Gregory S. Kerr, Commissioner Christopher Mohn, Commissioner Frederick County Planning Commission 107 N. Kent Street Winchester, VA 22601 1A 003/004 TnOMAs MOORS LAWSON - TLA WSON(4-)j R1 C.OM Re: Joyce E. Myers Our File No. 897.001 Conditional Use Permit #09-06 Dear Chairwoman Wilmot and Fellow Commissioners: At the November 15, 2006 Planning Commission meeting, the above -referenced matter was tabled to allow for the resolution of the legal issues pertaining to Ms. Myers' activities on her site_ Shortly after the November 15, 2006 Planning Commission meeting, I appeared on behalf of Ms. Myers and counsel for Frederick County appeared before the General District Court, asking for a Court date to resolve these issues. The Court did give us a date, but unfortunately that date was February 27, 2007, In order to be consistent with what occurred before, we respectfully request that this matter be tabled until after the Court has ruled on the hearing scheduled for February 27, 2007. FUMY R-1. Anoru.: Pran'Y OMCC BOX 601, F%0R R—u, VMGMO 22630, Tsumonc: (W) 63i9416, lr—]Ml�fl (510) 493-9121, E-MAIL: 911X6U6r41-VNXC0NNECr.00M FAMF&RADPWAS: 10605 MAIN ST -IIT. SUM 200, PAERrA& VINOT41A 21030, T&Lzmamti (707) 333.3613. FACNIMILC (70)) 352-4190. E-MAIL: TwomAs0.LAvxo�e7wc .#jN.NcT 01/17/2007 17:44 FAX Ca 004/004 June Wilmot, Chairwoman, et al. January 17, 2007 Page 2 Thank you for your continued assistance and cooperation in this matter. If you have any questions, please do not hesitate to give me a call. 1 nomas Moore Lawson TML:atd cc: Ms. Joyce E. Myers LAwsON AND ►' ILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 February 14, 2007 Mr. Kevin T. Henry Planning Technician Planning and Development Department 107 N. Kent Street Winchester, VA 22601 THOMAS MOORE LAWSON • TLAWSON(4j,SPLC.COM Re: Joyce E. Myers Our File No. 897.001 Zoning Violation & Conditional Use Permit VIA FACSIMILE & U.S. MAIL Dear Mr. Henry: In light of my recent request for the withdrawal of Joyce Myers' conditional use permit application No. 09-06 and the cancellation of tonight's Frederick County Board of Supervisor's meeting, please give me a call at your earliest convenience to discuss the steps going forward for thi-s -matter. Thank you for your attention to this matter. I Very Tho as TML:kfc cc: Ms. Joyce E. Myers forward to hearing from you shortly. FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE,: (540) 635-9421, E-MAIL: SILEK.1@LVNXCONNFCT.COM FAIRF.AX ADDRESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030, 'TELEPHONE: (703) 352-261.5, FACSIMILE: (703) 352-4190, E-MAIL: THOMASO.LANSONQ1VERIZON.NET LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 PosT OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 February 13, 2007 Mr. Kevin T. Henry Planning Technician I loaning and Levelopment Department 107 N. Kent Street Winchester, VA 22601 THOMAS MOORE LAWSON • TLAWSON(a)LSPLC.COM M Re: Joyce E. Myers Our File No. 897.001 Zoning Violation & Conditional Use Permit VIA FACSIMILE & U.S. MAIL Dear Mr. Henry: This is a follow up to my previous request that Conditional Use Permit Application No. 09-06 be withdrawn from consideration. As I repeatedly stated in my representations to the Planning Commission, it was my understanding that we were to try to obtain a ruling from the Court on the legal issues before legislative issues (conditional use permit) are resolved. In your staff report to the Board of Supervisors you stated that it :vas the goall of staff to get the legislative process (conditional use permit) resolved before the court could rule on this issue. Clearly we are not in sync. The net result of all this is that I would like to have the legal issues resolved first. Unless we can agree to a tabling of the legislative process, then I am left with no other option than to withdraw the conditional use permit temporarily for the court to rule. If you know of another way to accomplish this, please advise me immediately. Thank you for your attention to these matters. So the Board of Supervisors is not confused by our actions, I would ask that copies of our correspondence, including this one, be provided to them. FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-1421, F -MAIL: SILEKJCLYNXCONNECTCOM FAIRFAX ADDRESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030, TELEPHONE: (703) 352-2615, FACSIMILE: (703) 352-4190, E-MAIL:'CHOMASO.LAWSON(n 4ERI7.ON.NET Mr. Kevin T. Henry February 13, 2007 Page 2 After reviewing this, if you have any questions or comments, please give me a call directly. Very truly yours, - ' LVL TIVMas Moore Lawson TML:mah cc: Dr. Joyce Myers LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 Mr. Kevin T. Henry Planning Technician Planning and Development Department 107 N. Kent Street Winchester, VA 22601 JAN 1 6 2007 THOMAS MOORE LAWSON • TLAWSON�a-�LSPLC.COM January 12, 2007 Re: Joyce E. Myers Our File No. 897.001 Zoning Violation & Conditional Use Permit VIA FACSIMILE & FIRST CLASS U.S. MAIL Dear Kevin: At the last Planning Commission meeting we requested that Ms. Myers's application for Conditional Use Permit Application No. 09-06 be tabled until the matter pending in Frederick County General District Court was resolved. As you know, the Criminal Court has scheduled the matter for a hearing on February 27, 2007. The scheduling of this hearing had been set anticipating an earlier trial date. I assume the Planning Commission will table the matter until after the February 27, 2007 trial. Thank you for your continued assistance and cooperation in this matter. Please confirm the new date for the Planning Commission by return letter. TML:ec c: Mr. Eric R. Lawrence, Director Ms. Joyce E. Myers FRONT ROYAL. ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELFPHONE: (540) 635-9415, FACSIMILE: (540) 635 -9421,E -MAIL: SILEKJ(a�LYNXCONNECI.COM FAIRFAX ADDRESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030, TELEPHONE: (703) 352-2615, FACSIMILE: (703) 352-4190, E-MAIL: THOMASO.LAWSON(alVERI7,ON.NET LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 November 15, 2006 June Wilmot, Chairwoman Roger L. Thomas, Vice Chairman H. Paige Manuel, Commissioner Cordell Watt, Commissioner Greg L. Unger, Commissioner Robert A. Morris, Commissioner John Light, Commissioner Gary R. Oates, Commissioner George J. Kriz, Commissioner Charles E. Triplett, Commissioner Rick C. Ours, Commissioner Gregory S. Kerr, Commissioner Christopher Mohn, Commissioner Frederick County Planning Commission 107 N. Kent Street Winchester, VA 22601 NOV 1 5 2006 THOMAS MOORE LAWSON • TLAWSON(i ,LSPLC.COM Re: Joyce E. Myers, Our File No. 897.001 Zoning Violation and Conditional Use Permit Dear Chairwoman Wilmot and fellow Commissioners: I was recently engaged by Ms. Myers to represent her interests regarding a notice of zoning violation for running a Kennel and this conditional use permit. Ms. Myers operates Paws and Whiskers, a 501(c)(3) tax exempt charitable organization, which is dedicated to removing dogs from shelters where they will be euthanized and adopting them out to suitable homes. She has received national recognition for her efforts in this area. Ms. Myers neither sells the dogs, nor receives compensation for her efforts. FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SILEKJ@.LYNXCONNECT.COM FAIRFAX ADDRESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030, TELEPHONE: (703) 352-2615, FACSIMILE: (703) 352-4190, E-MAIL: THOMASO.LAWSON@ vERIZON.NET June Wilmot, et al. November 15, 2006 page 2 On June 9, 2006 the County inspected Ms. Myers' property and found "several dogs and multiple structures used for containment of animals" Ms. Myers was informed that she was in violation of the County zoning ordinance for having a Kennel without a conditional use permit. The County code defines a Kennel as, "A place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation" For the above stated reasons, Ms. Myers' activities on her property do not meet the definition of a Kennel. Ms. Myers was informed that she could either stop her activities or apply for a conditional use permit in order to resolve the violation. Further, Ms. Myers was told in a letter dated August 4, 2006 from Kevin Henry that if she applied for a conditional use permit by September 1, 2006 she would not be charged. Ms. Myers applied for a conditional use permit on September 1, 2006. Nevertheless, Ms. Myers has in fact been charged with criminal violation of the County zoning ordinance and has a hearing date on December 5, 2006 before the Frederick County General District Court. At the encouragement of County staff and without the advice of counsel, Ms. Myers prepared and filed this conditional use permit in order to resolve her alleged violation and to continue her animal rescue efforts. Given the stated restrictions of the proposed conditional use permit, if it is authorized under the conditions suggested by staff, Paws and Whiskers Animal Rescue will not be able to continue to function. Thus the conditional use permit is not satisfactory. Until all of these issues are sorted out, Ms. Myers would like to have her conditional use permit application tabled. Thank you for your consideration of this matter. Very ly s, Z -- Tho as Moor son TML:sih cc: Ms. Joyce E. Myers ESILt- Z�e I / Y YIW&WMII�� ?M�Z&j joy,cE EMYERS An initiative of the President's Council on Service and Civic Participation in conjunction with Corporation for NATIONAL& USk COMMUNITY rTeedom �0msSERVICBMED ma, . Difference. 6 THE WHITE SOUSE WASHINGTON Congratulations on receiving the President's Volunteer Service Award from the President's Council on Service and Civic Participation. Through service to others, you demonstrate the outstanding character of America and help strengthen our couritry. In January 2002, I called on all Americans to dedicate at Ieast t'vo years — or 4,000 hours — over the course of their lives to serve others at home or abroad. I congratulate you and all Americans who have answered this call and have earned a Bronze Award from the President's Council. Americans of all ages can serve others in countless ways, such as mentoring a child, caring for an elderly neighbor, teaching someone to read, cleaning parks, and creating safer neighborhoods. My Administration encourages every American to help their communities and our country. Through the USA Freedom Corps and the President's Council, we are building a culture of service, citizenship, and responsibility in America that will last for decades to come. Americans continue to serve and are part of the gathering momentum of mil- lions of acts of kindness and decency that are changing America, one heart and one soul at a time. Your actions are part of this change. I urge you to continue serving your neighbors and earn a Silver or Gold Award. I also hope that you will ask your friends, family, and colleagues to join you in serving your community and our Nation. May God bless you, and may God continue to bless America. Sincerely, INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 Date: im is 20 PAWS AND WHISKERS ANIMAL RESCUE INC C/O JOYCE E MYERS 625 TOWN RUN LN STEPHENS CITY, VA 22655 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 16-1703912 DLN: 17053348006004 Contact Person: L. WAYNE BOTHE ID# 31462 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: DECEMBER 31 Public Charity Status: 509 (a) (2) Form 990 Required: YES Effective Date of Exemption: SEPTEMBER 9, 2004 Contribution Deductibility: YES Advance Ruling Ending Date: DECEMBER 31, 2008 We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible' -under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. During your advance ruling period, you will be treated as a public charity. Your advance ruling period begins with the effective date of your exemption and ends with advance ruling ending date shown in the heading of the letter. Shortly before the end of your advance ruling period, we will send you Form 8734, Support Schedule for Advance Ruling Period. You will have 90 days after the end of your advance ruling period to return the completed form. We will then notify you, in writing, about your public charity status. Please see enclosed Information for Exempt OrganizatioD s Under Section 501(c)(3) for some helpful information about your responsibilities as an exempt organization. Letter 1045 (DO/CG) -2 - PAWS AND WHISKERS ANIMAL RESCUE INC Sincerely, Lois U. Lerner Director, Exempt Organizations Rulings and Agreements Enclosures: Information for Organizations Exempt Under Section 501(c)(3) Form 872-C Letter 1045 (DO/CG)