HomeMy WebLinkAbout02-20 Application(
APPLICATION FOR APPEAL
FREDERICK COUNTY, VIRGINIA
-OFFICE USE ONLY-
. ', a'
Appeal Application # Submittal Deadline
Submittal Date For the BZA Meeting of� '
Fee Amount Paid , )6 Initials: Receipt # uo C f�
MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT
I. The applicant is to listth wners adult occupants or parties in
interest of the property . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: Joel Grant NAME:
292 Chimney Circle
ADDRESS: ADDRESS:
Middletown, VA 22645
TELEPHONE:
540-409-1807
TELEPHONE:
3. The property is located at (give exact directions and include State Route Numbers):
South on Middle Rd, Left on Minebank Rd, Left on Chapel Rd,
Right on Chimney Circle
4. Magisterial District: Back Creek
5. Property Identification Number (P.I.N.):
6. The existing zoning of the property is: RA
7. The existing use of the property is: Residential
N7
8. Adjoining Property:
USE
North Residential
East Residential
South Residential
West Residential
ZONING
RA
RA
RA
RA
9. Describe the decision being appealed. (Attach a copy of the written decision.)
A radio tower was constructed on the property in 2010 to receive broadband internet services to the home.
A letter dated December 4, 2019 sent certified mail states multiple supposed violations of this tower and
the zoning department has told me I need to remove it after almost 10 years it has been erected and used to
serve broadband internet services to my family. We required this height to get over our treeline to get internet.
10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision.
(This may be on a separate sheet).
As per the Frederick County code, radio towers are a permitted use in the RA district. Also, both federal and
state laws allow for the provision of radio towers for uses such as amateur radio, citizens band radio, television
and broadband internet reception. Furthermore, this tower has been erected for almost ten years without incident.
I do not believe that based on both Frederick County as well as Virginia state law that it must be removed.
11. Additional comments, if any:
Please refer to the following statutes as basis for my claim:
Frederick County, VA: § 165-401.02 (radio tower permitted use)
State of VA: § 15.2-2293.1, § 15.2-2316.4 (allowable use to colocate commercial use on existing structure
FCC: https://www.fcc.gov/media/over-air-reception-devices-rule (allows for structures in order to receive personal broadband)
12. The following names and addresses are all of the individuals, firms, or corporations owning
property adjacent to the property for which the appeal is being sought, including properties at the
sides, rear, and in front of (across street from) the subject property. (Continue on back if
necessary.) These people will be notified by mail of this application:
Name and Property Identification Number
Address
NameMatthew Neff & Elizabeth Hood
312 Chimney Circle
Middletown, VA 22645
Property#83 3 23
NameMary Thomas
122 Chapel Rd.
Middletown, VA 22645
Property #83 A 19
NameChristopher & Amanda Price
258 Chimney Circle
Middletown, VA 22645
Property #83327
NameBrian Street
289 Chimney Circle
Middletown, VA 22645
Property #83 3 1
Namernie Ryles
730 Chimney Circle
Middletown, VA 22645
Property //8332
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
AGREEMENT
APPEAL #
I (we), the undersigned, do hereby respectfully petition the Frederick County Board of
Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning
Ordinance as described herein. I agree to comply with any conditions required by the BZA.
I authorize the members of the BZA and Frederick County officials to go upon the
property for site inspection purposes.
I hereby certify that all of the statements and information contained herein are, to the best
of my knowledge, true.
SIGNATURE OF APPLICAN DATE 1z 23 /) q
SIGNATURE OF APPLICANT
(if other than applicant)
DATE
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF ACTION:
-DATE-
APPEAL OVERRULED
APPEAL SUSTAINED
SIGNED:
BZA CHAIRMAN
DATE:
Ea