HomeMy WebLinkAbout11-22 BZA Staff ReportAPPEAL #11-22
ROBERT GALLALEE
Staff Report for the Board of Zoning Appeals
Prepared: October 31, 2022
Staff Contact: Mark R. Cheran, Zoning Administrator
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This report is prepared by the Frederick County Planning Staff to provide information to the
Board of Zoning Appeals to assist them in making a decision on this request. It may also be
useful to others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
November 15, 2022
Public Hearing Action Pending
LOCATION: The subject property is located at 212 Cub Trail, in Shawneeland.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 49B01-122-105
PROPERTY ZONING & USE: Zoning: R5 (Residential Recreational Community) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: R5 (Residential Recreational Community) Use: Vacant
East: R5 (Residential Recreational Community) Use: Vacant
South: R5 (Residential Recreational Community) Use: Vacant
West: R5 (Residential Recreational Community) Use: Vacant
APPEAL: An appeal of the notice of violation as to Frederick County Zoning Ordinance, Chapter
165, Section 502-04 Permitted Uses. A notice of violation dated September 7, 2022, from the
Zoning Administrator, states that the Owner is maintaining uses on his property that are not
permitted in the R5 Zoning District.
ZONING ADMINISTRATOR DETERMINATION: Frederick County added the R5
(Residential Recreational Community) District in 1973. Section 165-502.04 of the Frederick County
Zoning states: “All uses allowed in the RP (Residential Performance) Zoning District” can occur in
the R5 Zoning District. Livestock or agriculture animals are not permitted uses in the RP Zoning
District, nor does the R5 Zoning District otherwise allow livestock or agricultural animals.
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This property was cited for a zoning violation for horses on the property in 1994. This property was
subject to a Board of Zoning Appeals (BZA) case (#008-94) held on September 20, 1994, that
allowed this property to have horses. (BZA minutes enclosed.) The minutes do not address other
livestock or agriculture animals, only horses.
The current applicant was cited via Notice of Violation (NOV), dated August 30, 2022, for livestock
and agricultural animals present on the property: a cow, goats, chickens/other fowl. (NOV enclosed.)
REASON FOR APPEAL: The Applicant contends that livestock and agricultural animals are
permitted in the R5 District.
STAFF COMMENTS:
The only issue this Board of Zoning Appeals must address is to affirm or overrule the Zoning
Administrator’s decision regarding the administration of the Frederick County Zoning Ordinance,
Section 165-502.04 Permitted uses., that livestock and agricultural animals are not allowed on
this property or the R5 Zoning District. Only horses are allowed on this property per BZA case
#008-94.
STAFF CONCLUSIONS FOR THE NOVEMBER 15, 2022 MEETING: Staff is requesting the
Board of Zoning Appeals to affirm the decision of the Zoning Administrator in the administration of
the Frederick County Zoning Ordinance, Section 165-502.04 Permitted uses.
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