HomeMy WebLinkAbout07-04 PC Staff ReportCONDITIONAL USE PERMIT #07-04
ROY R. MESSICK, JR.
Staff Report for the Planning Commission Meeting
Prepared: May 4, 2004
Staff Contact: Mark R. Cheran, Planner I
This report is prepared by the Frederick County Planning Staff to provide information
to the Planning Commission and the Board of Supervisors to assist them in making a
decision on this request. It may also be useful to others interested in this zoning
matter.
Reviewed Action
Planning Commission: 05/19/04 Pending
Board of Supervisors: 06/09/04 Pending
LOCATION: This subject property is located at 686 Marple Road (Route 654).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER:41-A-163B
PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District
Land Use: Residential
PROPOSED USE: Re-establishing a legally non-conforming use.
REVIEW EVALUATIONS:
Health Department: Health Department has no comment.
Planning and Zoning: In accordance with Section 165-150 of the Frederick County
Zoning Ordinance, a legally non-conforming use that has been discontinued due to
abandonment may be re-established by obtaining a Conditional Use Permit (CUP). This
proposed use is to re-establish a hog pen, that was in operation prior to April 26, 1995,
when Frederick County adopted a hog-farming ordinance. This ordinance has setbacks for
hog operations of two hundred (200) feet from an adjoining property used for human
habitation. The applicant has applied to re-establish this hog pen; however, the proposed
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CUP #07-04 - Roy R. Messick, Jr.
January 25, 2018
use cannot meet the current requirements of the ordinance.
STAFF CONCLUSIONS FOR THE 05-19-04 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, staff would recommend the following
conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. Hog pen shall be fifteen (15) feet from property lines.
3. No more than twenty-five (25) hogs allowed.
4. Any change of use or modification or change of use will require a new Conditional Use Permit.