HomeMy WebLinkAbout20-00 Approval LetterJanuary 26, 2001
Mr. Roy S. Spaid
198 Spaid Lane
Gore, VA 22637
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
RE: CUP 920-00 of Roy S. Spaid, Property Identification Number 37 -A -35C
Dear Mr. Spaid:
FAX: 540/665-6395
This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting
on January 24, 2001. Your Conditional Use Permit, #20-00 for a Dog Kennel, was approved with
the following conditions:
All review agency comments and requirements shall be complied with at all times.
2. This permit is for a kennel (non -boarding) only.
3. Inspection of the facilities by the Animal Control Officer shall be required to determine if the
housing for the dogs is adequate and appropriate.
4. No more than twenty (20) dogs shall be boarded within the facility at any given time.
All associated materials and supplies shall be stored within an enclosed structure.
6. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining
property by barking or roaming free. All dogs must be kept within a fenced -in area.
7. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog
kennels shall be complied with at all times.
Any expansion of the kennel shall require approval of a new Conditional Use Permit.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
IF -
Howard R. Long, III
Planner I
HRL/ch
cc: Commissioner of Revenue
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107 North Kent Street • Winchester, Virginia 22601-5000
CERTIFIED MAIL
October 4, 2001
Mr. Roy S. Spaid
198 Spaid Lane
Gore, VA 22637
j,-11L.r DOPY
COUNTY of FREDERICK
Department of Planning and Development
RE: Violation of the Conditions of Conditional Use Permit (CUP) #20-00
Dear Mr. Spaid:
540/665-5651
FAX: 540/665-6395
The Department of Planning and Development has received a complaint regarding your kennel
operation. The reason for the complaint pertained to annoying barking of the dogs kept in the kennel.
On September 25, 2001, the kennel operation was visited in response to the complaint and the nature
of the complaint was substantiated.
Your Conditional Use Permit (CUP) was approved by the Board of Supervisors on January 24, 2001
with several conditions. One of the conditions (#6), states that: "All dogs kept at the kennel must be
controlled so as not to be a nuisance to any adjoining property, by either barking or roaming free."
You will be given 30 days from the receipt of this letter to abate the violation. If at any time after
the 30 -day period of notification, a similar complaint is received, your CUP will be presented to the
Planning Commission and Board of Supervisors for recommendation of revocation.
If you would like to amend the conditions of the CUP, you may request a public hearing at any time
in the future. If you have any questions, please feel free to call me.
Sincerely,
P44- kf�wtr�,A
Patrick T. Davenport
Zoning and Subdivision Administrator
PTD/kac
cc: Margaret Douglas, Back Creek District Supervisor
Cordell Watt, Back Creek District Planning Commissioner
Greg Unger, Back Creek District Planning Commissioner
Lawrence R. Ambrogi, County Attorney
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107 North Kent Street • Winchester, Virginia 22601-5000
FILE COPY
COUNTY of FREDERICIIx
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Department of Planning and Development
540/665-5651
FAX: 540/665-6395
CERTIFIED MAIL
November 13, 2001
Mr. Merle Spaid and Mrs. Pam Spaid
128 Spaid Lane
Gore, VA 22637
RE: Investigation of Complaint - Kennel Operation CUP #20-00
PIN: 37 -A -35C
Dear Mr. and Mrs. Spaid:
We have investigated your complaint regarding the subject kennel operation. On January 24, 2001, the Board
of Supervisors approved Conditional Use Permit (CUP) #20-00 for a dog kennel. One of the conditions (#6)
stipulated that, "All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining
property by barking or roaming free."
The complaint you set forth was that the owner's dogs at the subject kennel operation have been barking at a
noise level that is causing substantial disruption to your living conditions. Via your complaint, you requested
that this department investigate the possibility that Mr. Roy Spaid was violating the conditions of the approved
Conditional Use Permit. In response to your complaint, our staff has conducted several site visits and viewed
the video you submitted. Based on our research, Mr. Spaid is not in violation of the conditions placed on his
permit by the Board of Supervisors, therefore, there are no grounds to pursue a CUP revocation process by
the County.
For your information, I have enclosed a copy of the letter sent to Mr. Roy Spaid, which provided the conditions
of the CUP approved by the Board of Supervisors. I am also enclosing your video to be returned to you. If
you have any questions, please feel free to call.
Sincerely,
piv �<,Jow�
Patrick T. Davenport
Zoning and Subdivision Administrator
PTD/rsa
Enc: Copy of Letter to Mr. Roy Spaid, dated 01/26/01
Video
be: Lawrence R. Ambrogi, Commonwealth Attorney
John R. Riley, Jr., County Administrator
Mar
aret DouSuper
las, Back Creek District Supevisor
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107 North Kent Street - Winchester, Virginia 22601.-5000