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Home My WebLink About17-06 ApplicationAPPEAL APPLICATION #17 -06 OPEN DOOR BAPTISH CHURCH Staff Report for the Board of Zoning Appeals Prepared: September 2006 Staff Contact: Mark R. Cheran, Zoning Administrator BOARD OF ZONING APPEALS HEARING DATE: September 19, 2006 Pending 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. LOCATION: The property is located feet off of Hopewell Road (Route through Clines Orchard. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 33- A -123A PROPERTY ZONING USE: Zone: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING USE: North: RA Land Use: Vacant East: RA Land Use: Vacant South: RA Land Use: Vacant West: RA Land Use: Vacant APPEAL: To appeal the decision of the Zoning Administrator pertaining to Frederick County Code Article IV, Section 165 -24. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator regarding height requirements of a cross. Appeal Application If 17 -06, Open Door Baptist Church September 2006 Page 2 STAFF COMMENTS: The applicant is appealing the decision of the Frederick County Zoning Administrator regarding STAFF CONCLUSIONS FOR THE AUGUST 15, 2006 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance regarding 2. APPLICANT: APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA 1� r h 3 e >ub rp.:m4, adhne or the=meehng:'of( 3 r f k ,�H'.l!' W iYSgI Mry es tt uii vismiscialtatilL MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner x other (Check one) OCCUPANT: (if different) C0A/7/9 c7 1 Kso A) NAME:nie cl I2oo, ,qgp»i5 r Clot/ Tha -NAME: l X Al 1133 #9,7%4 ADDRESS: .'5'RV /11 h/esTer/ j9 /i /✓G�PfTvr� 1/H. 2 az 03 TELEPHONE: 590 66,2 4 0-02 Cell 5 s3Y c=7 3. The property is located at (give exact directions and include State Route numbers): en S r To 0 /cTg /i r0,7, /UorTi 0 A R7: S 7b Clem. *ere 7(�r/✓ /e rT o d tic/Peke Roach %are✓ t,,Ar %,Jiro rJ hires oRcI fled (PqrtoxedfJ$.4 'To C oN riNI e re Jig 7'4 e 4. Magisterial District: S fr altd Ayd To 0 Pe.() F Q D, r >c rat, 5. Property Identification No.: 3 3- 2 3 ,4- ADDRESS fl7 A( 11 eCrerb J/A'G friA/CIPSya/i Oft 22603 TELEPHONE: 5:10 -6 2 6 552 The existing zoning of the property is: 7. The existing use of the property is: 8. Adjoining property: North Bast South West USF,' Vi9 C CnAr ficivir 11. Additional comments, it any ZONING _A/ R ,g ft g_— 9. Describe the decision being appealed. (Attach a copy of the written decision.) Appeal from a zoning determination by Mark Cheran, Zoning Administrator, who determined that the construction of a 100 ft in height cross does not meet the ordinance exception for height requirement as a monument as outlined in Section 165 -24. The zoning administrator has determined that the 100 foot cross is not by definition a monument and therefore cannot hall under this exception. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet) 11re cross is a monument to the sacrifice that Jesus Christ made at Calvary to take away our sins to all who believe in Him. This monument to Christ's death is intended to be a lasting reminder of his great sacrifice. (John 19) Based upon Merriam Webster's on line definition of monument, which in part defines a monument as "a lasting evidence, reminder, or example of someone or something notable or great," this cross precisely meets the definitional requirements as a monument thus allowable under the exception requirement of Section 165 -24. j?FF/rel 9t' ear/bag RtrIAA� Dere /cake.rt 11�.✓ r etc Address 3/ R/dfival Rd kvi VC.y!/ Property ID /mi s /23 2 Nei {tt /file yot 0:2 7,2o HD Oeivu /rf Address C h rj Property ID Ain r ep C J /.1/2 t i i iVel CO L P 2o �o /�/v <D rid Address 6 /ea4 m 9 Property ID //1 g 17P a �99 /Q/1 ij oieJ l(// 11/vllsA Address Ce,dTe✓ Si /e�,i de 1//9 P roperty ID# 2l. c I�eFYd it YK.BLA /Ne- Address 35. non /ioa_a! ,t c/ rev Property ID 3 ea k y k elm A 1 t'j. Ri ocl Address 3S!"/RI/ j ei%'e N l• Property ID /4-21 MY Xx'u SrA P.vrs i c Address 5/ /ineVirt idgc. DR l Property ID //4 iii. Addr 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 Propertv Identification Number.) NAME 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 APPLICANT (ye,/ vote 9,, ;,-T oz? DATE O$ 7c 4 SIGNATURE (if other than applicant) OFFICE USE ONLY BZA PUBLIC HEARING OF Q� ACTION: ATE- 0 O .i11:► P 29x Pre APPEAL OVERRULED APPEAL SUSTAINED SIGNED: File. O.'Land Use Applications' Application Fonns\APPEAL Revised. 01/14/03 AGREEMENT APPEAL 1 -06 DATE: DATE 0 g /8 �O BZA CHAIRMAN