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Home My WebLink About09-05 CommentsHALL, MONAHAN, ENGLE, MAHAN MITCHELL WILBUR C. HALL (1892 -1972) 7 6 307 EAST MARKET STREET THOMAS V. MONAHAN (1924 1999) LEESBURG, VIRGINIA SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. Dear Mark: With kind regards, I am RTM /ks Enclosure CC: Eric Lawrence John Riley A PARTNERSHIP OF PROFESSIONAL CORPORATIONS TELEPHONE 703.777.1050 ATTORNEYS AT LAW August 28, 2006 Mr. Mark Cheran, Zoning Administrator Frederick County Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA. 22601 -5000 This concludes all matters in this case. 9 EAST SOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540 FAX 540-692 -4304 E MAIL lawyers®N,llmonaIGN.COm Re: Frederick County Board of Zoning Appeals ads. Dutcher You will find enclosed a copy of the final order entered in the above case, dismissing the case, with prejudice. This means that the appeal cannot be refiled. As always, I have appreciated the opportunity of representing the Board of Zoning Appeals. ly yours, Robert T. Mitche AUG 2 9 2006 PLEASE REPLY TO: R 0. Box 848 WINCHESTER, VIRGINIA 22604 -0848 vs. ENTER this the IN THE CIRCUIT COURT FOR FREDERICK COUNTY DEBORAH R. DORMAN DUTCHER Petitioner, BOARD OF ZONING APPEALS OF FREDERICK COUNTY, VIRGINIA, Respondents. File t/ L05 -112 AUG 292006 ORDER OF DISMISSAL WITH PREJUDICE On this g7day of August, 2006, came the Petitioners, Doug Boyd et als, by Counsel, Clifford L. Athey, Jr., Esquire, upon the Motion previously filed to dismiss this suit with prejudice. WHEREUPON, the Court heard argument on the Motion to Dismiss with prejudice and accordingly ADJUDGED and DECREED that the matter Deborah R. Dorman Dutcher v. Board of Zoning Appeals of Frederick County, Virginia, is hereby dismissed with prejudice and removed from the Court's docket and placed among the ended cases. day of August, 2006. I ask for this: Clifford L. Athey, Jr. Seen and Robes Mitchell, Jr. A Copy Attest: Frederick County Circuit Court Rebecca P. Hogan, CI pu Cler April 20, 2005 Mr. Mike Artz Artz Associates 16 East Piccadilly St. Winchester, VA 22601 RE: APPEAL APPLICATION #09 -05 Dear Mike: This letter is to confirm that the above referenced appeal application was denied by the Board of Zoning Appeals at their meeting on April 19, 2005. This denial was of your request #09 -05, to appeal the decision of the Zoning Administrator pertaining to changes to the rural preservation tract. The subject property is located at the intersection of Dover Lane and Chapel Road (Route 627), and identified by Property Identification Number #83 -A -106 in the Opequon Magisterial District. The decision of the Board of Zoning Appeals may be appealed to the Circuit Court of Frederick County within 30 days of the Board's decision. If you have any questions regarding this action, please feel free to call this office. Sincerely, ark R. Cheran Zoning and Subdivision Administrator MRC/bhd cc: Deborah D. Dutcher, 9345 Riverview Road, Broomes Island, MD 20615 Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 adr 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 March 18, 2005 Michael M. Artz, L.S Artz and Associates, P.L.0 16 E. Piccadilly Street Winchester, VA 22601 RE: Zoning Determination for proposed Fox Lea Rural Preservation Subdivision Property Identification Number (PIN): 83 -A -106 Zoning District: RA (Rural Areas) Dear Mr. Artz: This letter is in response to your correspondence dated March 18, 2005, to the Zoning Administrator requesting a zoning determination on the above referenced property. In the correspondence, you indicated you wanted to create a rural preservation subdivision on the identified property. This identified property is part of a rural subdivision which was approved on June 3, 1992, and recorded on June 16, 1992. The recorded plat identifies the rural preservation tract. In accordance with Section 165 -54 D (c) of the Frederick County Zoning Ordinance, the preservation tract will stay intact as recorded. Therefore, the proposed Fox Lea Rural Preservation Subdivision will not be allowed. You may have the right to appeal this zoning determination within thirty (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 thirty (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 XXI, Section 165- 155A(1) of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, written statement setting forth the decision being appealed, 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. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Contact me regarding any questions you may have at (540) 665 -5651. Sincerely, `1 Mark R. Cheran Zoning Administrator MRC/bhd 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540 /665 -6395 21 -4 -6 created, for legitimate agricultural purposes as defined by this ordinance, provided the parcels created qualify for land use assessment. 4 -6 -4 RURAL PRESERVATION LOTS Within the Rural Areas (RA) Zone, lots as small as two (2) acres shall be permitted on tracts over twenty (20) acres in size, subject to the provisions of Article 4 -4 -1 and the following: 4 4.1 Forty (40) Percent of Parcel to Remain Undivided Forty (40) percent of the parent tract must remain intact as a contiguous parcel. This acreage must be designated prior to the division of the fourth (4th) lot. No future division of this portion of the parent tract will be permitted. 4 4.1.2 Exception to Single Forty (40) Percent Parcel In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and or visual disruption could be achieved by allowing two (2). residual parcels to be created, the Planning Commission may permit the forty (40) percent to be made up of two (2) parcels. 4 4.2 Board Waiver of Division Restriction Ten (10) years from the date of the creation of any forty (40) percent parcel and following a public hearing, the Board of Supervisors may release the parcel from the restrictions of 4 -6 -4.1 through the process of rezoning provided that the rezoning is consistent with the goals of the Comprehensive Plan in effect at that time. Any forty (40) percent parcel which is within the Urban Development Area (UDA) at the time of its creation or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten (10) year restriction on rezoning. 4 SETBACK REQUIREMENTS The following setback requirements shall apply to all parcels within the Rural Areas (RA) Zoning District. 4 -7 -1, PERIMETER SETBACKS Periphery setbacks for all lots shall be as follows: 4 -7 -1.1 Principal Uses The minimum setback for any principal use or structure, constructed or initiated after the date of adoption of this section, and located on a lot which adjoins the undivided portion of the parent tract or a parcel not created from the parent tract, shall be one hundred (100) feet from the lot line adjoining said parcel(s). Where a lot abuts a parcel used for agricultural purposes, the minimum setback shall be one hundred (100) feet. The minimum setback from any active orchard shall be two hundred (200) Rev. 12 -11 -91 February 2, 2005 Mr. Michael M. Artz Artz Associates 19 East Piccadilly Street Winchester, VA 22601 RE: Rural Preservation Subdivision -Fox Lea Dear Mike: 1 have had an opportunity to review the sketch plan for Fox Lea Rural Preservation Subdivision, received in this office on January 21, 2005. This proposed subdivision cannot be approved as submitted. This tract of land is recorded as a rural preservation tract, which was recorded in 1992, prior to Frederick County requiring sketch plans (see attachment). I am returning the copies of the submitted sketch plan and will request the Frederick County Finance Department to refund your fee in the amount of $4,979.35. If you have questions call me at (540) 665 -5651. Sincerely, ark R. Cheran Zoning Administrator MRC/bhd Attachment COUNTY of FREDERICK Department of Planning and Development 540/665 -565 FAX: 540/665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Petition to Deny Appeal Application #09 -05 of Deborah Dutcher, as Submitted by Artz Associates We the following signatories, being of majority age, residents of Frederick County and having vested interests in "The Appeal Application #09 -05 of Deborah Dutcher, as Submitted by Artz Associates, do hereby declare our intent that the aforementioned Appeal Application #09 -05 and all further applications pertaining to this matter be denied. We the following signatories relied on the law when purchasing our homes, which are platted and of record in The Frederick County Clerk of Court's Office. The Zoning Law of The Department of Planning and Development for The County of Frederick Virginia, specifically lists that the subject property (Lot 4 58.847 acres; BK 779 PG 0367) is a Rural Preservation Lot with applicable rules and restrictions as expressed in The Frederick County Zoning Section 165 -54. In addition the subject Rural Preservation Lot is not Located in The Frederick County Urban Development Area (UDA) and any rezoning would be inconsistent with The Frederick County Comprehensive Plan in effect at this time. Name Residence Birth IY�Z Date a° ut.F� K /,1rd,run f IOt1 CHAPt hP4) I9S�, f7Al ILc$ .Wre d am S 'G „cos &j ,Otc cr irArA 7# AM xt�� ✓ri: 17 L CA-^- k,tqk)e r±d(cretc/J tJA. d a. &4° 97/ jEs29 A? 7/ .A /9 9C P7I REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: 3 /r /r REQUESTED COMPLETION DATE: Gory Department, Agency, or Company: Mailing and/or Billing Address: Telephone: FAX: E -mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional information back of request) r. Al K3 -4 -/06 -P.t3oiC/1 D c DIGITAL: PAPER: FAX: E -MAIL: SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: HOURS REQUIRED DATE OF PICK- UP/DELIVERY: AMOUNT DUE: AMOUNT PAID: AMOUNT BILLED: METHOD OF PAYMENT: CHECK NO.4 Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665 -5651)