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HomeMy WebLinkAbout03-13 Commentscw r to ti A D(n I ju ►.5TRfi77D(z_ O-Mwi-4 cir Z* PooLs7rn r'�r of o Nol k)q �I;D7 QQR-T_-I Nr S ib. i (a G gp-LkskA CPn:F.,K.__ROH .C> WI,�XAL--srUR, VlgCIAJ1ft Iv 11, x.013 am 5Y�c7-SF�4 -31&J le�t�crtti-sem, UIkgl&3)A _DWOOI f✓ AeP614L APPLkc.A-T)w X03- 13 car o') Apni l� Gbu qD L=n R_ \fqf . 01#ozplu , �3ti aNrJC? 0 � , :a WTI_i'-K r Pkor-f. .SS 10 NA L_ W FTIM T)J� 0 r VDIL WILL IV C� i C feu (� S f� �vT 2�iat M E E— U Q Lo r• -n -I qty A. Ujl4L1(AMS f3Nl> 1'L1�. �'l�i%.oSNeidiv 1-741S C37 a-T-LEr— , 0u.c- sL(tw e.4 op,_ 1 "19'N , P rr+r• L rj sT Rkst- 'pro F►v Ff.'rj_ I1V D o Tlif-- SA�1` �1 3 F?lL• P(�R�C� HfV THS (t►(�ii _ S Ws`. FIioP�: -T-14iS S_*r .E -r2 �i {�" A ?c �(`. ST P W `sNix>jf' m r7. A ti ik�. H Ck# (Yl �• AT' FtCir1-1 IF -TMf_- �G�� �1 1S S FITS S1� t C =�j �'C►r�,DLy rn I �� << S£L£ NOUS GOOD 9£60 ll -0l -£l OZ September 27, 2013 Ms. Mary Albaugh Good 120 Brush Creek Road Winchester, VA 22603 Re: Pending appeal to Board of Zoning Appeals Dear Ms. Good: COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia d)co.frederick.va.us t U i This is in response to your telephone calls to my office. I have conferred with relevant staff regarding the letter you have provided from Mr. Stotler and we believe it most appropriate to meet with you here to discuss that letter. Mr. Cheran has indicated that he will arrange that meeting. I plan to attend and look forward to our discussion. Thank you. Sincerel ours, Voderick B. iams County Attorney cc: Mark R. Cheran, Zoning Administrator 107 North Kent Street • Winchester, Virginia 22601 `fQ,Qd i'lelRK ZLN��Cs I�vnn,,vi5 'A1�FZ 10-7 NC) pfn-i k Lr,5r SSE&T' Sux Tt-:- -�Zc, 1 100 8t%t- f2t:K001.D 3t: P —iey-n (3 1 nt,D bE-�-,LLc)Pr,n-,t: S Pc A-7- I a4 P -us uau.C- HS-�rzl,v�^ — LU , ae13 fssur� tir M °X' d° H f� C<lU U V_p _S J5 7 (�Fa m TzLDP y J.— H t :f33 t` �tv 1 cv Rpt t j Tt4AT' J)ArJA0,iNJS-,,-0&1 fs 100 I-OivG i t�i�, J ►'�m� i}i�2L�a( _� lS i.t rtl q J Am cN,a� G �T�1E kc-tycpt-- FfZo ►1n O to t Fz�� Yvf� IP I(z. �K�,.,t.,t? ��TvTZ� c,� icbj IS S�t^��K't_F�s�f?To�V , 2'qvu4D tiles aNtj OuCS-j-Z C 60c,� Pim F]DUJIS� 5�� J �� T7` S 1 �T H 1 S i S �►'� i� s = � �-�-z' �Y Fop-- B v-j� i3 N D O U R r A rnt LL(, (J -IL kZztc ro fes' AF4D j L `lcwr� co to Rfn 5f)rnE, lo'7 lC�a.T r fl two, q A s.)Z> --Ds v - � ,13 . 2Ll 13 F RE®ERICK S EIEERT &1� .ASSOCIATES, INC. Rim CIVIL ENGINEERS ■ SURVEYORS ■ LANDSCAPE ARCHITECTS o LAND PLANNERS To whom it may concern, Mr. Good has constructed an agriculture pole building in a flood zone a. This is an estimated flood zone not a calculated flood zone. Historically this area has never flooded. According to Technical Bulletin 7-93, the Federal Emergency Management Agency (FEMA) does allow communities to issue a variance to permit construction of wet-floodproofed accessory structures in flood zone "a" areas. FEMA recognizes that wet floodproofing may be appropriate for certain types of agricultural structures located in wide, expansive floodplains. A variance may be issued only if the structure is used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Types of agricultural structures that may be wet floodproofed following the issuance of a variance are: Farm Storage Structures used exclusively for the storage of farm machinery and equipment (e.g., pole and pre -fabricated metal frame structures with open or closed side). The following requirements, at a minimum, must be attached to the variance for an accessory structure: 1) It must be anchored to resist flotation, collapse, and lateral movement; 2) The portions of these structures located below the BFE must be constructed of flood -resistant materials; 3) It must be designed to allow for the automatic entry of flood waters; 4) Mechanical and utility equipment must be elevated or floodproofed to or above the BFE; 5) It must comply with the floodway encroachment provision of the NFIP Regulations. Mr. Good has met these requirements. The post for the structure have been set 3' +/- into the ground and concreted. It is constructed of treated wood post and oak siding, which will not be affected by flood waters. The front of the structure is completely open to allow water in and it has a 3 to 6" gap around the bottom to allow water out in the unlikely event of a flood. There is no mechanical or utility equipment located in this structure. The structure is not located in a floodway. Sincerely, Shannon L. Stotler Professional Land Surveyor Frederick, Seibert and Associates, Inc. 128 South Potomac Street Hagerstown, MD 21740 Phone: 301-791-3650 Cell: 304-582-4291 128 SOUTH POTOMAC STREET, HAGERSTOWN, MARYLAND 21740 20 WEST BALTIMORE STREET, GREENCASTLE, PENNSYLVANIA 17225 (301) 79' -3650 FREDERICK (301) 416-7478 PENNSYLVANIA (717) 597-1007 FAX (301) 739-4956 CERTIFIED IVIML May 17, 2013 Mary Albaugh Good 120 Brush Creek Road Winchester, VA 22603 COUNTY of FRE'+ ER., CK Department of Planning nd Development NOTICE OF VIOLATION Re: 120 Brush Creek Road, l M 5401665-5651 FAX: 540/665-6395 It has been brought to the Planning and Zoning Department attention that a structure has been erected within the flood plain on the property. Section 165-702.10(A)(1) of the Frederick County Code, all development and/or construction activities occurring within any floodplain district shall be undertaken only upon issuance of a permit. Such development and/or construction activities shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and regulations as amended, such as the Virginia Uniform Statewide Building Code (VAUSBC), the Frederick County Zoning and Subdivision Ordinances and the Erosion and Sediment Control Ordinance. Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with applicable state and federal laws. Under no circumstances shall any use, activity, development and/or construction activities adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or systems. this office will allow thirty (30) days from receipt of this letter to resolve this violation. Failure to comply with the Zoning Ordinance could result in a criminal complaint being filed against you. You may have the right to appeal the above notice of violation within 30 days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within 30 days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article X, Section 165-1001.02(1), of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $300.00 filing fee ($250.00 filing fee and $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. 107 forth Kent Street, Suite 202 © Winchester, Virginia 22601-5000 Page 2 Mary Albaugh Good Re: Notice of Violation - 120 Brush Creek Road May 17; 2013 Please do not hesitate to contact me regarding any questions that you may have at (540) 665-5651. Sincerj,ly, na M. Johnston Zoning Inspector DMJ/dlw cc: John Trenary, Inspections Department, Building Official