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Home My WebLink About17-04 Revocation of CUPCERTIFIED MAIL April 28, 2005 Mr. and Mrs. Edwin Elvira 108 Twig Court Stephens City, VA 22655 RE: CUP #17-04 for Edwin and Zueely Elvira Property Identification Number (PIN): 63-44C Dear Mr. and Mrs. Elvira: i COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 On April 27, 2005, I visited the above -referenced property in response to a complaint regarding violations of Conditional Use Permit # 17-04. My inspection of the site revealed the lack of a six foot opaque fence required as part of Conditional Use Permit #17-04 to screen the landscaping business from adjacent residential properties. 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 letter is to inform you that your Conditional Use Permit (CUP) # 17-04 is being scheduled for revocation at a public hearing on June 1, 2005. This action is due to violations of the conditions placed on CUP #17-04. You will receive further notice from this office in regards to the time and location of this public hearing. Please do not hesitate to contact me regarding any questions that you may have at (540) 665-5651. Sincerely, R., Can Zoning Administrator PRS/MRC/dlw 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 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 and Subdivision Administrator � RE: Revocation of Conditional Use Permit # 17-04 for Edwin and Zucely Elvira DATE: May 20, 2005 The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) 417-04 for Edwin and Zucely Elvira on September 22, 2004, for a landscaping business, with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than ten (10) employees and nine (9) business vehicles/equipment shall be allowed on site as a part of this conditional use permit. 3. No sale of nursery stock will be allowed on site. 4. A six (6) foot opaque fence shall be constructed to screen this use from residential uses to the east. 5. Any expansion or modification of facilities will require a new Conditional Use Permit. Violation of Conditions: Staff received a complaint regarding violations of the Frederick County Zoning Ordinance at this property. Staff inspected the property on April 27, 2005. The inspection of the site revealed the lack of a six foot opaque fence required as part of the Conditional Use Permit to screen the landscaping business from adjacent residential properties. A letter of violation was issued, as was a notice of revocation for violations of the conditions of Conditional Use Permit 17-04. These violations constitute a violation of the conditions placed on Conditional Use Permit 17-04, approved by the Frederick County Board of Supervisors on September 22, 2004. 107 North Rent Street, Smite 202 ®t Winchester, Virginia 22601-5000 Revocation of Conditional Use Permit # 17-04 — Edwin and Zucely Elvira May 20, 2005 Page 2 Staff conclusions for the 06/01%05 Planning Commission meeting: The holder of Conditional Use Permit 11-03 is in violation of the above -referenced conditions with regards to the zoning violations that staff has received. A recommendation from the Planning Commission for revocation of Conditional Use Permit 17-04 would be appropriate. This recommendation will be forwarded to the Board of Supervisor for their consideration. Map Features Revocation of CUP# 17 - 04 Lak,Slson %S/Bridges Edwin & Zucely Elvira JJJ / / Culverts Parcels Lakes(Ponds /V Dams Agricultural & Ferestral Districts .a...• streams �\s Retaining Wails =Deugs Dhurah ( 63 — 4 ®6ulidings Road Centerlines ,�.Chumh N - 4 C ) +dam N saufh Frederlek Trails w+E 0 50 100 200 S Feet 63 A 1214 EFG INVESTM�ENIT.t, LLC 63 A 116C EFG INVESTMENTS, LLC 63 A 138 BURRIS, JOSEPH LE 63 A 139 YD, PHYLLIS X63 A 134 63 A 141 SHUMAKER, MABEL E EST MILLER, GRAYSON & LOR_ETTA ��` 63 A 135 63 A 136 ` NEW IN, WISE & VIRGINIA'' FAIRCLOTH, JAMESIR 63 A 137 ROBERT B & SUSANMC !<Cl 6' w�f` RPts R S R 9P 3 63 4 4 LYNN, KATHERINE R. 63 4 4131 CALDWELL, WILLIAM P JR 63 A 124 EFG INVESTMENTS, LLC P y�O \y \_ 63 A 147 MARTIN, CLAYTON M & M c� rn " V— N r- 0 0 I 63 A 149 MARTIN, CLAYTON M & BONNIE J oa l RP i' 63D 1 1 63 4 5A \ LAYMAN, DENNIS JAMES\ EVANS, MARIE 63D-1" 2 \SLONAKER; HUGH G`NAOMI F. 63D 1 5✓' 5��5 4 .O�O�.: ' TEVAULT, JAMES A/&,BETTY J NV- 630 2 16A R� _ SYKES, CINDY,L,.-'� Map Features Revocation of CUP# 17 - 04 Application �C-""= Edwin & Zucely Elvira Culverts Parcels Lakes/Ponds ^/ Dams Agrleeltural8 Faresbal Dlstrlcts •� Streams IRoa Retaining Walls i �� Church ( 63 - 4 - 4 C ) Buildings Road Centerlines Refuge Church N Tanks IV South Frederick 40Trails W 0 50 100 200 S Feet COUNTY of 1FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 18, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REVOCATION OF CONDITIONAL USE PERMIT APPLICATION #17-04 FOR EDWIN AND ZUCELY ELVIRA On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 1, 2005, 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 #17-04 of Edwin and Zueely Elvira, for a landscaping business. The property is located directly behind AC Self Storage (225 Caldwell Lane), south of Papermill Road (Route 644) and is identified with Property Identification Number 63-4-4C in the Shawnee 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. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on p from the Department of Planning and Development, Frederick County, Vit aa: a: 63 - A- - 116-C 63 - 4- - 4-C EFG INVESTMENTS, LLC ELVIRA, EDWIN R & ZUCELY D 340 W PARKINS MILL RD 108 TWIGG CT WINCHESTER, VA 22602-4735 STEPHENS CITY, VA 22655-2938 r, ct') 0 `L R.- 63 - 4- - 4A-1 A C SELF STORAGE, LLC 1420 N SHENANDOAH AVE 226303638 FRONT ROYAL, VA 63 - 4- - 46.1 CALDWELL, WILLIAM P JR 237 CALDWELL LN WINCHESTER, VA 22602-4404 63 -4- - 3 - RUSSELL, JOHN C JR 285 CALDWELL LN WINCHESTER, VA. 22602-4404 63 - 4- - 5-A EVANS, MARIE & SHENK, HYLUS F II & ROBYN M 170 HARRISON LN WINCHESTER, VA. 22602-4433 STATE OF VIRGINIA COUNTY OF FREDERICK 63 -4- - 4 - LYNN, KATHERINE R. 3476 PAPERMILL RD WINCHESTER, VA. X/"zz� Mark R. Cheran Zoning & Subdivision Administrator Frederick County Planning Dept. 22602-4442 1, 1 ? t W.- , a Notary Public in and for the State and County aforesaid, do reby certify that Mar R. Cheran, Zoning & Subdivision Administrator, for the Dep" ent yf Planning and Development, whose name is signed to the foregoing, dated p ,has personally appeared before me and acknowledged the same in my State and ounty aforesaid. 1� Given under my hand this / �'� day of My commission expires on —3zcjo.7 NOTARY PtBLIC