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HomeMy WebLinkAbout17-05 CommentsTO: FROM: SUBJECT: DATE: RSA/pd Gatt aGio5 Finance Department Pam Deeter, Office Assistant II Retum Of Sign Deposit August 26, 2005 Please send a check in the amount of $50.00 to: MEMORANDUM Phillip Griffin 21 S. Kent Street Winchester, VA 22601 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 The amount of $50.00 was deposited in line item #3- 010- 019110 -0008 for the company named below had a deposit for one sign for an Appeal #17 -05 for Jeffrey and Peggy Howell. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 -0225 SIGN DEPOSITS PLANNING DEPT OF PLANNING Pd by BALANCE Previous Balance Principal Being Paid Penalty Inte 1 Amount Paid *Balance Due Ticket #:00005000007 Date 6/01/200E Register: CJO /CJ Trans. 07713 Dept 1095 Acct# Cash 50.0D DEPT OF PLANNING Check 1250.00 CKS DUE INCLUDES PENALTY /INTEREST THRU THE MONTH 6/2005 50.00 50.00 .00 .00 50.00 .00 DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: 6 /c s REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company: Mailing and/or Billing Address Telephone: E -mail Address. FAX: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST. (Write t o CQL -o,C 41 APs P f? q -yy DIGITAL: PAPER: SIZES: COLOR: additional information on back of P T •t1. ,t( FAX: E -MAIL: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: HOURS REQUIRE& DATE OF PICK- UP/DELIVERY: AMOUNT DUE: AMOUNT PAID: AMOUNT BILLED: METHOD OF PAYMENT: CHECK NO.# Frederick County GIS, 107 North Kent Street Winchester, VA 22601, (540)665 -5651) Mr. and Mrs. Patrick Kramer 8367 Drury Lane Germantown, TN 38138 Dear Mr. and Mrs. Kramer, P.O. Box 335 Cross Junction, VA 22625 September 20, 1994 In early 1988, my wife and I discovered the natural beauty and peacefulness of Timber Ridge Farms. We decided we would like to live here, so we undertook finding a lot on which to build our "dream home." After considerable time and effort, a lot of legal work and expense, we were able to finalize the purchase of Lot 46 in 1990. Later, we were able to purchase Lot 45. We began construction of a home on Lot 46 in early 1991. Again, after a lot of hard work and expense, we completed our home in the Spring of 1993. We love our home, we love the natural beauty of the area, we love seeing the deer, the turkeys, the woodpeckers and all of the other creatures of nature in our environment. Until recently, we were also able to enjoy the peace and quiet of this naturally beautiful and tranquil area. Unfortunately, our enjoyment has been adversely affected by the actions of the people who live in the house on Lot 44. They have apparently carved an area out of the woods as a race track for their sons' dirt bikes. The noise that comes from those things is absolutely obnoxious. It is particularly intolerable in the evenings when we enjoy sitting on our deck. Earlier this year, my wife and I walked over to the house and expressed our concerns to Mr. Howell. As politely as we could, we tried to let him know how offensive we found the noise and how much it detracted from our enjoyment of our property. He seemed to understand our concerns, but did not agree to stop. We attempted to point out that the covenants and protective restrictions specifically prohibit the riding of dirt bikes and the noise associated with them. He was unwilling to accept the validity cif the covenants and indtcated he would Seek advice about their enforceability and to see if a loophole might be found to permit the continued riding of the dirt bikes. Subsequently, when the Howell's cleared an area between the house and the road, installed an electric fence, and corralled two horses, we were hopeful that this meant that horses would replace the dirt bikes as "vehicles" for the sons to ride. Although my wife and I were not thrilled with this alternative, it would have been more acceptable than the noise from the dirt bikes. Unfortunately however, the horses appear to be an Kramer Page 2 additional, rather than an alternative, thing to ride. According to what I've been told by a representative of the Frederick County Planning Department, the keeping of the horses in subdivisions zones R5, such as ours, is prohibited by the subdivision ordinance. This letter is my attempt to resolve this matter as quickly, as simply and, above all, as amicably as possible. I would therefore appreciate your assistance in affirming to the Howell's the validity of the ordinances and covenants and the potential consequences -for failing to adhere to them. Unfortunately, any action taken to obtain compliance with applicable covenants provisions and ordinances will have to be directed to you, since your are still the owners of record. If the use of the dirt bikes continues, I will have to conclude that this appeal, as with our earlier request, is not going to be accepted. Should that happen, and I hope it doesn't, I intend to invoke all available lawful remedies to regain our right to enjoy our property as it was intended to be enjoyed by the developer who made the covenants and protective restrictions a part of the deed of dedication of Timber Ridge Farms. CERTIFIED MAIL- #P412- 866 -055 Return Receipt Requested cc: Timber Ridge Farms Association Jeffry Howell Very truly yours, e i C Edward V. Lockwood