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HomeMy WebLinkAbout17-05 ApplicationThis 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: July 19, 2005 Pending i DENTED LOCATION: The property is located at 128 Deep Pine Court MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER(S): 17 -4 -44 APPEAL APPLICATION #17 -05 JEFFREY HOWELL AND PEGGY HOWELL Staff Report for the Board of Zoning Appeals Prepared: July 5, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator PROPERTY ZONING USE: Zone: R5 (Residential Recreational Community) District Land Use: Residential ADJOINING PROPERTY ZONING USE: Zone: R5 Zone: R5 Zone: R5 Zone: R5 Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance pertaining to permitted uses in the R5 (Residential Recreational Community) District. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator pertaining to permitted uses in the R5 District. Appeal Application #17 -05, Jeffrey Howell and Peggy Howell July 5, 2005 Page 2 STAFF COMMENTS: The Frederick County historical zoning map shows this property was zoned R -5 (Residential Recreational) in 1973. This subdivision was created without the benefit of an approved Master Development Plan (MDP); therefore, without the Master Development Plan, there are no recreational facilities to board horses. Furthermore, Section 165 -76 A of thelFrederick County Zoning states: "All uses allowed in the RP (Residential Performance) Zoning District" can occur in the R -5 Zoning District. Equine or agriculture animals are not permitted uses in the RP (Residential Performance) Zoning District. Therefore, boarding of horses in this subdivision is not an allowed use under Section 165 -76 A of the Frederick County Zoning Ordinance. STAFF CONCLUSIONS FOR THE JULY 19, 2005 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance regarding permitted uses in the R5 (Residential Recreational Community) Zoning District. Map Features Bridges 9 App--,/c... Lakes/Ponds /s/ Dams Streams Retaining Walls Buildings Road Centerlines Tanks N Trails Q Parcels Agricultural Forestal Districts al Double Church Rage Church O South Frederick WHITACRE 17 4 39 0 25A CUNDIFF 17 3 25A Appeal 17 05 Jeffery Peggy Howell (17 -4 -44) 250 500 Feet TYRRELL 17 3 25 1,000 oria 4 Map Foaturos Bndges Culverts Lakes/Ponds Darns w Stroarn "I Retaining Walls in Buildings Road Centerlines Tanks Trans O parcc!s Agricultural Forestal Districts Double Church al l Refuge Church Sot Frederick Appeal 05 Jeffery Peggy Howell (17 -4 -44) 0 250 500 Feet 1,000 Map Features 9 Bridges APP Culverts Lakes/Ponds /s/ Dams anr.. Streams Retaining Walls Buildings Road Centerlines Tanks AO Trails Parcels Agricultural Forestral Districts Double Church Refuge Church South Frederick Feet Appeal 17 05 Jeffery Peggy Howell (17 -4 -4 0 250 500 1,000 CERTIFIED MAIL April 27, 2005 Jeffrey B. Howell and Peggy L. Howell 128 Deep Pine Court Gore. VA 22637 Dear Mr. and Mrs. 1- Lowell: RE: 128 Deep Pine Court; Property Identification Number (PIN): 17 -4 -44 Zoning District: R5 (Residential Recreational Community) 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 On April 26, 1 visited the above- referenced property in response to a complaint regarding horses. My inspection of the site revealed the presence of multiple horses being housed on the property. In accordance with Section 165 -76 of the Frederick County Zoning Ordinance. housing of agricultural animals is not a permitted use in the R5 (Residential Recreational Community)IZoning District. Therefore, the horses kept at the above referenced property constitute a violation of the provisions of section 165 -76. This office will allow thirty (30) days from receipt of this letter to resolve this violation. Specifically, resolution of this violation may be accomplished by removing the horses from the above- referenced property. Failure to comply with the Zoning Ordinance could result in a criminal complaint being filed against you. You may have the right to appeal this notice of violation 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 he filed with the Zoning Administrator and the Board ofZoning 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, 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 5250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Pace 2 Mr. Jeffrey B. Howell and Mrs. Peggy L. Howell RE: 128 Deep Pine Court April 27, 2005 Please do not hesitate to contact me regarding any questions that you may have at (540) 665 -5651. Sincerely. i'airick R. Sowers Planning Technician PRS /dlw Iviay ub uo SN3:b4p k'hilip L.en dux 165-75 156'36 57E 8253 FREDERICK COUNTY CODE 165 -76 zoning. In adopting the rezoning, the rnasier development plan submitted may be accepted as a condition proffered for the rezoning. The master plan review procedures described by Article XVIII must also be completed concurrently with or following the consideration of the rezonirc. A. Impact analysis. Impact analysis, as required by this chapter, shall be used to evaluate all potential impacts, including impacts on surrounding lands, the environment and on public facilities and services. B. Land dedication. Land shall be dedicated in -esidentiel recreational community developments for public roads and public facilities necessary to serve the development as described by the Comprehensive Plan, the Capital Improvements Program and adopted road improvement programs. C. Addition of land. The Board of Supervisors may approve the addition of land to an approved recreational residential community through the procedures set forth in this chapter for the original approval of a residential recreational community development. 165 76. Permitted uses. [Amended 8.5 2000; Tne following uses are allowed in the R5 Fiesidential Recreational Community District: A. All uses allowed in the RP Residential Performance District. B. Ace restricted communities. C. All uses allowed in the B -1 Neighborhood Business District except fo the following: CI) Car washes. 42) Funeral homes and crematories. D. Indoor and outdoor recreational facilities. E. Preserves and conservation areas. F. Restaurants. G. Hotels and lodges. H. Boat clubs and service areas. •.n- :a- z0.01 165-58 FREDERICK COUNTY CODE 165 -59 shall be clearly designated to take into account future development as indicated in the Comprehensive Plan. F. In those sections of this article where discretion is given to the Administrator or Commission, that discretion shall be exercised with this statement of intent as the primary guide for action. 165 -59. Permitted uses. OA/ kP 1)/- 17/P1cr) A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article V of this chapter. B. Structures are to be erected or land used for one or more of the following uses: (1) Any of the following residential structures: single family detached traditional rural, single family detached traditional, single family detached urban, single family detached cluster, single family detached zero lot line, single family small lot, duplex, multiplex, atrium house, weak -link townhouse, townhouse or garden apartment. [Amended 10 -27 -1999] (2) Schools and churches. (3) Fire stations and companies and rescue squads. (4) Group homes. (5) Home occupations. (6) Utilities necessary to serve residential uses, including pole's, lines, distribution transformers, pipes and meters. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be considered as accessory structures or buildings. (8) Required or bonus recreational facilities and public parks, playgrounds and recreational facilities. 16580 12 -15 -99 165 -59 ZONING 165-59 (9) Business signs to advertise the sale or rent of the premises upon which they are erected, church bulletin boards and identification signs, signs for nonprofit service clubs and charitable associations (off -site signs not to exceed eight square feet) and directional signs. 16580.1 (Cont'd on page 16581) 12 -15 -99 165 -59 ZONING 165 -61 (10) Temporary model homes used for sale of properties in a residential development. (11) Libraries. [Added 6 -8 -1994] (12) Adult -care residences and assisted living care facilities. [Added 8 -24 -2004] 165 -60. Conditional uses. Uses permitted with a conditional use permit shall be as follows: A. Convalescent and nursing homes and adult care residences and assisted living care facilities. [Amended 2 -26 -1997] B. Cottage occupations, as defined. C. Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities, with an approved site plan, meeting the requirements of this chapter and with the following conditions: (1) All principal activities shall take place entirely within an enclosed structure. (2) All outdoor facilities shall be incidental to the principal facility or activity. (3) No facility or activity shall be erected or conducted less than 30 feet from any residential district or area within other districts which are predominantly residential in nature. D. Day -care facilities. E. Rooming houses, boardinghouses and tourist homes. F. Veterinary offices, veterinary clinics or veterinary hospitals, excluding boarding of animals for nonmedical purposes. [Added 5 -24 -1995] 165 -61. Number of uses restricted. More than one principal structure or use and its customary accessory structures or uses are permitted in the RP Residential Performance District for duplexes, multiplexes, atrium houses, weak -link townhouses and garden apartments. 16581 12 -15 -2004 @KPSKO �'Mtrv�� 5' '.k 'v N":� Si.r3..s;'� s�E ,p i�2 °"i' Ti., afW y� YKf"1• y jR� *c u -s c r. p peal 4 App licat ton bS Subtnttta Deadl "'+�i d9 mst 1 ermeetrn g;of ©WrJE se's MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner V other (Check one) 2. APPLICANT: ,('11'Lt..d e s. 6,Q t ffrn; OCCUPANT: (if different) E J4• NAME: e (4rcy r Pc yg 14pwlI ADDRESS MS tier Cowl ADDRESS: bort, enc. 31 TELEPHONE: Srkk 4b V) TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 533. wt.c r 4. Magisterial District: APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA tFt WV 70 I f It H- ay. 70 a ttir. '3. r, 14 1 I r hoots, o,— I eFt 6p, r.cs •oro 5. Property Identification No.: 11 NAME: ftr -70 D9, Pik.; Dy;,,t /Co"14- 11. Additional comments, if any: 6. The existing zoning of the property is: RS (tst 4 ¢cc..^ e.st ej le...•..��,{., 7. The existing use of the property is: rtci &....t 1 8. Adjoining Property: USE ZONING North I 1 4 4 TLS" East re. ;%deri South ,.c.■ d,. +a/ R West PA Rr 9. Describe the decision being appealed. (Attach a copy of the written decision.) s aHo L/A.d 4 •21 -car l c-4+c✓ 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) 4a4 n Said sr. }7 or aka 6o- Plw:!t •y, S. 6x.f$ F j3 o•nd a 4- 6e_k%AA,tS I4tr ivseh, L. C- k.vtzo (p....40.1 hay.e So i Address 51 on gem�icha, owv, RA. Property ID 1 4 4 I �vmov IJKttcv Address IA �t C94 Hot Iota RA, V1 v\a, La Z2 L Property ID 1 1 -'4 14).. r 43 E&wava V. rB09b 1.-esc.kwtoo Address r r peep inc R4. &vt W. ))s37 Property ID 1 "7 V— L-IS/ L f 6 Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID 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. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Property Identification Number.) NAME File 0 Sland Use ApplicationsV pplivation Fom,s.APPEAL Raised 01/1403 AGREEMENT APPEAL /7 -oS 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 sta ments and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT %L DATE s') 7 no r SIGNATURE OF OWNER DATE (if other than applicant) OFFICE USE ONLY BZA PUBLIC HEARING OF 7/i g in S ACTION: DA E- APPEAL OVERRULED APPEAL SUSTAINED 6Q Let BZA CHA RMAN DATE: g I OS State of Virginia Know All Men By Those Present: That I (We) Instrument No. Signature(s) do hereby make, constitute and appoint: Notary Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540 -665 -6395 (Name) (Phone) (Address) the owner(s) of all those tracts or parcels of land "Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by on Page and is described as Parcel: Lot: Block: Section: Subdivision: (Name) (Phone) (Address) To act as my true and Iawflul attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. p have hereto set my (our) hand ap 1 this o�day of 20005 In witness thereof, I 7hmet 014/ ounty of Win To -wit: I, \A1 h1 %n8. I a Notary Public in and for the jurisdiction aforesaid, certify th t the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this alrly of M 20005 My Commission Expires: A a ,>naR U'.\Bcv`Spcciil Limited POA Apd Dear Mr. Cheran: PHILLIP S. GRIFFIN II, P.C. ATTORNEY AT LAW 102 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 FREDERICK COUNTY PLANNING DEVELOPMENT 1 ELEI'HONE: (540) -4647 PHILLIP S. GRIFFIN. II, ESQUIRE t'ACSINIII.E: (540) 667 -4711 EMAIL: psgpc @visuallink.com VIA HAND- DEI.IVERI.Y Mark C. Cheran, Zoning Administrator Frederick Co. Dept. of Planning Development 107 North Kent Street, Suite 202 Winchester, VA 22601 May 27, 2005 LI Re: Jeffrey Peggy Howell v. Timber Ridge Farms Subdivision Our File Number: 05- 303 CNN lL� MAY 2 7 2005 I represent Mr. and Mrs. Jeffrey Howell in regards to the above referenced matter. 'they have lived at the property located in Gore, Virginia, (address of 128 Deep Pine Court), which consists of 5.42 acres, for 11 years. Mr. and Mrs. Howell have had horses on this property, on and off lo' the last 10 years. They are surprised to hear it is illegal to keep the approximately 7 horses that they now have on the property, in 2005. This is the first complaint the Howells have had, in the 10 years they have had horses on the property. They believe this complaint is the result of a personal dispute with Ed Lockwood, their neighbor and former President of the Timber Ridge Farms Homeowner's .Association. Mr. Lockwood and Timber Ridge Farms Homeowner's Association have never sent the Howells a letter stating that they could not have horses. The cu President of the Timber Ridge Farms Homeowner's Association and other neighbors have no complaints with the horses. Please note that the horses are fenced in, well kept, are not noisy, and do not create any unusually strong odors to the surrounding environment. Therefore, the horses do not constitute a nuisance to Timber Ridge Farms Subdivision or Frederick County. Enclosed please find copies oldie 1978 Deed of Dedication of the Timber Ridge Farms Homeowner's Association regulations and bylaws, as well as a check in the amount of S250.00 for filing fees. 1 have also reviewed copies of VA Code 815.2-3311 and 15.2-3312, which are also enclosed. Mr. and Mrs. Howell believe they are in compliance with the zoning ordinance and master plan as well, as a permitted use, under §165.76, specifically: II (1.) "A. All uses allowed in the RP Residential Performance District; (2.) "D. Indoor and outdoor recreational facilities; and (3.) "E. Preserves and conservation areas;" and /or (4.) "J. Private campgrounds." [believe that after you review this inforniation, you will find that my clients are in compliance with the current zoning ordinance and in compliance with the homeowner's association rules and regulations, as accepted and rendered to Frederick County in 1978, specifically p.8,11 G, allowing "fowl, horses, ponies, and not more than two heads of cattle," as well as other household pets on any properties of the Timber Ridge Farms Homeowner's Association. My clients are also in compliance with the committee structure of the homeowner's association. PSGII/wps Enclosures as stated Cc: Mr. Mrs. Howell Please contact me should you have questions or concerns. With kindest regards, 1 remain Sincerely, Phillip S. Griffin, II