HomeMy WebLinkAbout07-04 Comments (2)Reasons to Deny the Conditional
Use Permit
for
Roy R. Messick
Prepared by:
Laura L. Stewart
732 Marple Road
Winchester, VA 22603
Denial Reasons
• Potential health risk to neighbors
• Unfavorable land features
• Previous history of violating county zoning ordinances
• Previous poor animal management practices
Potential Health Risks
• Potential swine -borne illnesses include:
• E. Coli
• Listeria
• Pfiesteria
• Salmonella
• For more detail visit: hlqqiyvw¢ ,�,. i 1_1 � - --O t-
• Potential ground water contamination from runoff
• Potential increase in insect population due to manure piles and
standing water.
Unfavorable Geography
• The Messick's property is at a higher elevation than the Stewart
residence. (See map with elevations)
• Runoff from the Messick's property already drains onto the Stewart
property. (See photos)
Previous History
• Previous history of violating zoning ordinances
— In Fall/Winter of 2002, Mr. Messick built the structure shown in Exhibit 1.
— At no time during the construction was a building permit displayed.
— In early 2003, Mr. Messick bought and began raising a number of hogs.
— Also in early 2003, Frederick County advised Mr. Messick that the hogs
had to be removed.
• Previous poor management practices
— Summer 1994: Mr. Messick's cows break through fence and wander
onto Stewart property.
— Repeated incidences between 1994 and the present.
— Summer of 2003: New fencing installed along one boundary to the
Stewart property. The fence bounding the rear of the Stewart property is
still in need of repair.
Photos
Exhibit 1: Original hog enclosure built by Roy Messick.
NOTE: Position of Manure pile.
Concerns about Exhibit 1
• One hog excretes nearly 3 gallons of waste per day.
(Sour htt2r-//www.n�t--,
• 10 hogs would produce
— 30 gallons of waste per day
— 900 gallons of waste per month
— 8400 gallons of waste per year
• How would a man who has a day job and is away from the farm for 8
or more hours per day have the time to safely dispose of that muco
manure?
Exhibit 3: View from Stewart back yard; upward slope
NOTE: Hog enclosure is located just outside the left boundary
of the photo
9.
riogaancl
Exhibit 4: Upward slope from Stewart backyard
nl we d
2
Exhibit 5: Standing water on Stewart property
NOTE: Runoff from hog pen area
Plats and Maps
Line Drawing: Position of Stewart & Messick properties
749
\ 00 eco; 425 oa [. 749
\ MAURI CE
13.58 AC. C. L EGG E. JR. a.
ser sToN TRACT ` 4 n
`' N580'43'08"W- acO OAK 23664
p 9 688.'
36 °
Re M
3 4 b�''25�
�PP� `6•v► o 1.3$ N27 -08'.E..-----9 ---
AC 57.9 3
0 Nzr EP-lz
aO�SP'75 �\20t5'- . X6,4
.
A. . 4►7
S 3',4,805 E --- oN �►M .
290.4
.36
/ 567
�—on" OAK
0THER
Plat of Stewart Property
ni
Conclusions
• Deny the Conditional use permit
• Protect the health and welfare of
neighboring residents, not just the
Stewart's. Other adjacent properties are
also at lower elevations.
• Do not amend current ordinances to alter
the 200 foot set back.
References
,tt
lo e.com
b Cur
,?�//Www.t it
R
6 N
P
i .:11y
ii