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HomeMy WebLinkAbout16-06 Comments 2Dear Mr. Mark Cheran, I L SEP 1 2 2006 August 31, 2006 I am writing this letter to discuss the situation regarding our property at 120 Longcroft Road I have enclosed the letter we received from the Zoning Office. I would like for you to imagine one evening coming home from work and receiving a letter written as strongly as this one. No phone call was made, no warning, just a letter that turns your whole life upside down. In 1999, my daughter's riding instructor gave us warning they were moving. I thought wouldn't be nice to have our horses on our own property. I personally came down to the zoning office with a plot of my land and asked if I could put horses on my property. I also had a drawing of the barn my father was planning on building so I could get a building permit. I was told by zoning as long as we were using the horses for pleasure and not agriculture it was permissible. I was also told I did not need a building permit but that I would have to have an electrical inspection completed on the barn. Doug Coffivan of Crum Electric, and John Temary were in contact with each other until the job was completed. In 2003, before Fox Run II was built we again contacted Zoning asking for something in writing to protect ourselves and were told only exceptions to the zoning were put in writing. Again, we were told as long as we were not running an agricultural business and just had pleasure horses we were fine. We have spent 6 years investing in this property to make it a home for our horses only because we were told it was permissible from the zoning office. How can you take this away from us? Nothing would have been changed on this property if Zoning, and Planning and Development had not approved this! We would have found a place to board our horses and 6 years of our love, time, money, and hard work would not have been invested on this property for our horses. If we are not allowed to keep our horses on our property, we will have to move. If we have to move, we will lose a home that my father handmade everything in the whole house was handmade from the siding, trim, doors, floors, ceilings and much more. We will also lose a barn that a grandfather, at 71 years old, built for his granddaughter, again by himself. This was a loving project they did together. My daughter explaining what would work for the horses and he making it a reality. My daughter is planning a career with horses, possibly a veterinarian. She is a member of the United States Pony Club and competes in high level Eventing horse shows. Can you imagine what this is doing to a sixteen year competitor, who wonders if she might someday be good enough to try out for the Olympic Team? I have a new job as an Assistant Principal at Indian Hollow Elementary School and my daughter is attending the Mountain Vista Governor's School this year. We should be celebrating our successes and you have taken this away from us. There is no happiness, no laughter, and no smiles in our house. We do not deserve this and did nothing wrong! I am glad I am not in the classroom teaching Social Studies and supposed to be supporting the Kid's Voting Program. I not sure I believe in the system anymore. Our Administrator's Summer Session ended with the emphasis on using your common sense and on doing the right thing. Will you do the right thing and give us back our home? We are not allowed to know who made the complaint. I do believe the people who made the complaint moved in knowing horses were in the neighboring field. The horses were here first. We have been told it had to do with a manure smell. We want to be good neighbors, and try to come up with some type of compromise. We can have it removed more frequently. (We did spread a pile of manure out in the lower sacrifice area to help with grass growing recently. Maybe this is what they smelled. We do not do this often.) We keep a very clean and neat little farmette. We are also trying to downsize the number of horses we have. I will probably have to put down the old companion pony to my daughter's horse before winter and definitely if we have to move. I am working very hard trying to find homes for our two Chincoteague ponies which will leave us with only two horses on the property. We do not deserve to lose our home because of one person's complaint. We do not deserve to lose our home because Zoning, and Planning and Development told us it was OK to put horses on our land. We do not deserve to lose 6 years of our hard earned income that was put into changing our land for horses none of which would have taken place if we had not received permission to do so! So we are asking you to do the right thing. We are good citizens of Frederick County and do not deserve to have our happiness taken away from us. Grant us the right to keep our horses on our property. Respectively submitted, Robann Riggleman Dawson W. Riggleman, Jr. CERTIFIED MAIL July 18. 2006 Mr. Dawson W. Riggleman Jr. 120 Longcroft Road Winchester, VA 22602 Dear Mr. Riggleman: COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 RE: 120 Longcroft Road; Zoning District: RP (Residential Performance) Property Identification Number (PIN): 64 -A -44 On July 17, 2006. 1 visited the above referenced property in response to a complaint regarding equestrian animals (horses) on a residential property. My inspection of the site revealed the presence of several horses on the property. In accordance with Section 165 -59 of the Frederick County Zoning Ordinance, an agricultural use is not a permitted use within the RP (Residential Performance) Zoning District. Agricultural uses shall only occur within the RA (Rural Areas) Zoning District of Frederick County. Agricultural use is defined, by the Zoning Ordinance, as cultivating the soil, raising or harvesting any agricultural, aquacultural, horticultural, floricultural, or viticultural commodity on a farm. including the raising, feeding, training, or management of animals (horses) and poultry, excluding kennels. Specifically, resolution o f this violation may be accomplished y_removing -t1e hor -item _the property. lailure,to comply with the Zoning Ordinaneerve in a criminal complaint being fled against you. This office will allow 30 days from receipt of this letter to resolve this violation. Youcay lave the right to appeal the above notice of violation within 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 un- appealable, if it is not appealed within 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 Page 2 Mr. Dawson W. Riggleman Jr. Re: 120 Longcroft Road July 18, 2006 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 $300.00 filing fee ($250.00 filing fee and a $50.00 refundable sign deposit). Once the appeal application is accepted, it will he scheduled for public hearing and decision before the BZA. Please do not hesitate to contact me regarding any questions that you may have at (540) 665 -5651. Si i ely, Lauren Zoning Inspector LICK /dlw Dear Mr. Jay E. Tibbs, r L SEP 1 2 2006 J August 31, 2006 I am writing this letter to discuss the situation regarding our property at 120 Longcroft Road. I have enclosed the letter we received from the Zoning Office. I would like for you to imagine one evening coming home from work and receiving a letter written as strongly as this one. No phone call was made, no warning, just a letter that turns your whole life upside down. In 1999, my daughter's riding instructor gave us warning they were moving. I thought wouldn't be nice to have our horses on our own property. I personally came down to the zoning office with a plot of my land and asked if I could put horses on my property. I also had a drawing of the barn my father was planning on building so I could get a building permit. I was told by zoning as long as we were using the horses for pleasure and not agriculture it was permissible. I was also told I did not need a building permit but that I would have to have an electrical inspection completed on the barn. Doug Coffman of Crum Electric, and John Ternary were in contact with each other until the job was completed. In 2003, before Fox Run II was built we again contacted Zoning asking for something in writing to protect ourselves and were told only exceptions to the zoning were put in writing. Again, we were told as long as we were not running an agricultural business and just had pleasure horses we were fine. We have spent 6 years investing in this property to make it a home for our horses only because we were told it was permissible from the zoning office. How can you take this away from us? Nothing would have been changed on this property if Zoning, and Planning and Development had not approved this! We would have found a place to board our horses and 6 years of our love, time, money, and hard work would not have been invested on this property for our horses. If we are not allowed to keep our horses on our property, we will have to move. If we have to move, we will lose a home that my father handmade everything in the whole house was handmade from the siding, trim, doors, floors, ceilings and much more. We will also lose a barn that a grandfather, at 71 years old, built for his granddaughter, again by himself. This was a loving project they did together. My daughter explaining what would work for the horses and he making it a reality. My daughter is planning a career with horses, possibly a veterinarian. She is a member of the United States Pony Club and competes in high level Eventing horse shows. Can you imagine what this_is_doing to asixteenyear competitor, who wonders if she might someday be good enough to try out for the Olympic Team? r Respectively submitted, G bcc— Robann Riggleeman Dawson W. Riggleman, Jr. 6 33,2 I have a new job as an Assistant Principal at Indian Hollow Elementary School and my daughter is attending the Mountain Vista Governor's School this year. We should be celebrating our successes and you have taken this away from us. There is no happiness, no laughter, and no smiles in our house. We do not deserve this and did nothing wrong! I am glad I am not in the classroom teaching Social Studies and supposed to be supporting the Kid's Voting Program. I not sure I believe in the system anymore. Our Administrator's Summer Session ended with the emphasis on using your common sense and on doing the right thing Will you do the right thing and give us back our home? We are not allowed to know who made the complaint. I do believe the people who made the complaint moved in knowing horses were in the neighboring field. The horses were here first. We have been told it had to do with a manure smell. We want to be good neighbors, and try to come up with some type of compromise. We can have it removed more frequently. (We did spread a pile of manure out in the lower sacrifice area to help with grass growing recently. Maybe this is what they smelled. We do not do this often.) We keep a very clean and neat little farmette. We are also trying to downsize the number of horses we have. I will probably have to put down the old companion pony to my daughter's horse before winter and definitely if we have to move. I am working very hard trying to find homes for our two Chincoteague ponies which will leave us with only two horses on the property. We do not deserve to lose our home because of one person's complaint. We do not deserve to lose our home because Zoning, and Planning and Development told us it was OK to put horses on our land. We do not deserve to lose 6 years of our hard earned income that was put into changing our land for horses none of which would have taken place if we had not received permission to do so! So we are asking you to do the right thing. We are good citizens of Frederick County and do not deserve to have our happiness taken away from us. Grant us the right to keep our horses on our property. Dear Neighbors and Friends, We recently received a letter from the Frederick County Zoning Department stating that a complaint was made about our horses. We would like to explain the history behind why we have horses on our land. In 1999, my daughter's riding instructor gave us notice that they were moving and we would have to fmd another place to board our horses. We thought wouldn't it be nice if we could move them to our own property. In 2000, I personally went to the Frederick County Zoning Office, and the Planning and Development Office with a plot of our land and a drawing of the barn my father was planning on building for his granddaughter to ask permission if we could put horses on our property. We were told as long as we were using the horses for personal pleasure and not as a business we were within the zoning regulations. We again contacted the Zoning Office in 2003 before Fox Run II was built to ask for something in writing. We were told again pleasure horses were allowed to housed on our property and that only variances to zoning were put into writing. Our daughter is an equestrian, competing in high level Eventing competition. She is a member of the United States Pony Club Association and is planning a career with horses, possibly a horse veterinarian or a National Examiner. We do not understand why the Zoning Office is addressing the complaint in this manner. We have spent the last six years investing a tremendous amount of love, hard work, and money in making this a home for our horses only because the Frederick County Zoning, and Planning and Development told us we could. We would have boarded our horses somewhere else if we had not had permission to do this. We were told in the Zoning letter that our horses would have to be removed from our property or we could go through a very expensive appeal process with a public hearing asking our neighbors to support us. We are in process of appealing. We are asking for your support. We have not been given a public hearing date yet, but on the recommendation of our lawyer we are circulating the enclosed petition. If we cannot keep our horses on our property we will have to move. We will be losing a barn that my father, at the age of 71 years, built for his granddaughter by himself. We will also lose a house that my father hand made for us. (everything in it) This property has been in my family for over 40 years. We want to be good neighbors and would be willing to work out some type of compromise to the complaint. We are in the process of downsizing and hope to have only three horses by winter. If your do not object to us having horses please sign the enclosed petition and return it to us in the self addressed enclosed envelope. If you would like to contact us, our phone number is 667 -3328. Sincerely, ..4-14 A SEP 8 2006 L -J ''T September 2, 2006 EAST: Airport Business Park, LLC 4264 Q Entre Court Address VA 20151 Property ID 64 -A-40P SOUTH: Boyd J. Unger and Jean H. linger Address 1011 Front Royal Pike 276n7 VA 771502 Property ID 64 -A-43 Boyd J. Unger, Jr. 251 So gmxd Lane Address Winchester, VA 22603 property ID 64 -A-42 Interstate Properties 160 Front Royal Road Address Winchester. VA 22602 Property ID 64 Kepler Holdings, LLC 567 Glendobbin Road Address Winrbeater VA 77604 Property ID 64D 8 Ronald R Potter and M Potter 106 Travis Can't Address Winchester, VA 22602 Property ID 649-8-2 Debt Todd Sacco 12220 Lincoln lake Way 42004 Address Fairfax, VA 22030 property ID 64D Kevin E. General( and Angelica G. Ganczak 102 Travis Court Address Winrheator VA 77j,07 Property ID 64D- 8 -2 -10 Amir M. Mustafa and Chiraz P. Mustafa 100 Travis Court Address Winchester, VA 22602 p 64¢x_11 Property ID Lucinda M. Klahre and Whiten Klahre 100 Longcroft Road Address Winchester. VA 22602 Property ID 64C -2 -3 Glenn W. Betts Address 104 Longcroft Road Wi nrhpftex. VA 77607 Property ID 64C The Riggleman Family Petition September 2, 2006 The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. 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 William Aaron Rogers and PA Rogers Address 106 Longcroft Road WirrhPter VA 77602 Property ID 64 A 44B Sandra H. Fletcher Address 108 Longcroft Road Winr.Trearer. VA 77609 Property ID 64 -A-44A Guy R. Avey and Karen D. Avey Address 110 Longcroft Road Winchester VA 77607 propertyID# 64C -2-44 William F Holbrook 112 Longcroft Road Address Winchester' VA 22602 Property ID 64C-2-45 Paul IIrrnod Berry Address 114 Inngcroft Road winrhrster VA 77602 Property ID 64C-2 -46 smelly E. Steigledei 116 Longcroft Road Address rh w'nester, VA 22602 PzopertyID# 640-2 -47 Francis Omar Lopez and Argo Lopez 122 Longcroft Road Address Winches VA 22602 Property ID 64 C Harry M. Stine and Rose 0. Stine Address 124 Loft Road wi nrhpatemr VA 776n7 Property ID 64C -2 -50 George W. Childress and Virginia Childress 126 Longcroft Road Address Winchester, VA 22602 property ID 64C-2-51 Paul H. Baker and Kaleen P. Baker 128 longcroft Road Address Winchester, VA 22602 Property ID 64C 2 52 James C. Dunces(( and Heather Duncan 130 Longcroft Road Address winchestez, VA 22602 Property ID 64C -2 -54 Address 132 Longcroft Road Winchester VA 22603 Darin Beckwith and E. Beckwith Property ID 64C -2 -54 September 2, 2006 The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. NAME Dear Neighbors and Friends, Sincerely, 6 obw 1 j J S E P 8 2006 September 2, 2006 We recently received a letter from the Frederick County Zoning Department stating that a complaint was made about our horses. We would like to explain the history behind why we have horses on our land. In 1999, my daughter's riding instructor gave us notice that they were moving and we would have to find another place to board our horses. We thought wouldn't it be nice if we could move them to our own property. In 2000, I personally went to the Frederick County Zoning Office, and the Planning and Development Office with a plot of our land and a drawing of the barn my father was planning on building for his granddaughter to ask permission if we could put horses on our property. We were told as long as we were using the horses for personal pleasure and not as a business we were within the zoning regulations. We again contacted the Zoning Office in 2003 before Fox Run 11 was built to ask for something in writing. We were told again pleasure horses were allowed to housed on our property and that only variances to zoning were put into writing. Our daughter is an equestrian, competing in high level Eventing competition. She is a member of the United States Pony Club Association and is planning a career with horses, possibly a horse veterinarian or a National Examiner. We do not understand why the Zoning Office is addressing the complaint in this manner. We have spent the last six years investing a tremendous amount of love, hard work, and money in making this a home for our horses only because the Frederick County Zoning, and Planning and Development told us we could. We would have boarded our horses somewhere else if we had not had permission to do this. We were told in the Zoning letter that our horses would have to be removed from our property or we could go through a very expensive appeal process with a public hearing asking our neighbors to support us. We are in process of appealing. We are asking for your support. We have not been given a public hearing date yet, but on the recommendation of our lawyer we are circulating the enclosed petition. If we cannot keep our horses on our property we will have to move. We will be losing a barn that my father, at the age of 71 years, built for his granddaughter by himself. We will also lose a house that my father hand made for us. (everything in it) This property has been in my family for over 40 years. We want to be good neighbors and would be willing to work out some type of compromise to the complaint We are in the process of downsizing and hope to have only three horses by winter. If your do not object to us having horses please sign the enclosed petition and return it to us in the self addressed enclosed envelope. If you would like to contact us, our phone number is 667 -3328. The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope Thank you for your support. 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.) Fast: NAME Airport Business Park, LLC SOLAR: Boyd J. Unger and Jean B. Unger Boyd J. Unger, Jr. Interstate Properties Hepier Holdings, LLC Ronald R Potter and Debra M Potter Todd Sacco Kevin E. Ganczak and Angelica G. Ganczak- Amir M. Mustafa and Chirac P. Mustafa Lucinda M. Klahre and Whitac laahre Glenn W. Betts September 2, 2006 4264 Q Entre Court Address Chantilly, VA 20151 Property ID 64 -A-40P Address 1011 Front Royal Pike 7;607 VA 77607 Property ID 64 A 43 251 songbird lane Address Winchester, VA 22603 Property ID 64 A 42 160 Front Royal Road Address Wi VA 22602 Property ID 64-1-1 567 Glendohtin Road Address Winrhester VA 77601 Property ID 6413-13-2 106 Travis Court Address Winchester, VA 22602 Property ID 41 64n- 8-2 12220 Lincoln lake Way #2004 Address Fairfax, VA 22030 Property ID 640 -8 -2 -9 102 Travis Court Address Winrhestpr VA 77607 Property ID 640- B-2 =1 100 Travis Cast Address Winchester, VA 22602 Property m 640- 8-2 -11 100 Longcroft Road Address Winchester. VA 22602 Property ID 64C 104 Longcroft Road Address WirrhvisStfl. VA 77602 Property ID 64C -2 -9 The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope Thank you for your support. 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.) Fast: NAME Airport Business Park, LLC SOLAR: Boyd J. Unger and Jean B. Unger Boyd J. Unger, Jr. Interstate Properties Hepier Holdings, LLC Ronald R Potter and Debra M Potter Todd Sacco Kevin E. Ganczak and Angelica G. Ganczak- Amir M. Mustafa and Chirac P. Mustafa Lucinda M. Klahre and Whitac laahre Glenn W. Betts September 2, 2006 ,uyyso.o.. William Aaron Rogers and PA Rogers 106 Longcroft Road Address Winchester. VA 77609 Propertyll 64 -A-44B Sandra H Fletcher Address 108 Longcroft Road WinrheatPr VA 22607 Property ID 64 -A-44A Guy R. Avey and Karen D. Avey Address 110 longcroft Road Winrhe, ter VA 996+07 PropertyID# 64C 2^44 William F. Holbrook 112 Lcagcroft Road Add e's Winchester, VA 22602 propatyIDit 64C -2-45 Paul Eascod Berry 114 lovycroft Road Address W VA 27607 Property ID 64C Sally E Steigleder 116 Longcroft Road Address Winchester` VA 22602 Property ID 64C Francis Omar Lopez and Argu Lopez '122 Longcroft Road Address Winchester. VA 22602 Property ID 64-c-2 -49 Harry M. Stine and Rose O. Stine Address 124 1OO�oft Road VA 72&)7 w; nrhec Property ID 64C -2 -50 George W. Childress and Virginia Childress 126 Longcroft Road Address Winchester, VA 22602 property ID 64C -2 -51 Paul H. Baker and Kaleen P Baker Address 128 Longcroft Road Winchester, VA 22602 property 11) 64C -2 -52 James C. Dime Address 130 luc y oft Road Winchester, VA 22602 Winchester, Property ID 64C -2 -54 Heather Duncan Darin Beckwith and E. Beckwith Address 132 Longcroft Road Winchester. VA 22603 Property ID 64C -2 -54 The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. NAME September 2, 2006 PETER K. McKEE (1934 -1967) BENJAMIN M. BUTLER STEPIIEN G. BUTLER Mark Cheran Frederick County Planning Office 107 N. Kent Street Winchester, VA 22601 RE: ZONING APPEAL My File 2006 -0027 Dear Mr. Cheran: This letter will request that the advertising and the hearing for the appeal to the BZA of Frederick County for Dawson W. Riggleman, Jr. and Robann C. Riggleman, his wife, be continued to allow a Conditional Use Permit to be filed, which would be concurrent with the BZA, but would be requested to be heard first before the BZA hearing. BMB:vg Thank you for your assistance. cc: Dawson W. Riggleman, Jr. KUYKENDALL, JOHNSTON, McKEE BUTLER, P.L.C. 112 SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHESTER, VIRGINIA 22604 -1297 (540) 662 -3486 Facsimile (540) 722 -3787 E Mail: hmblcnv@adelphia.nel August 29, 2006 Very truly yours, 9 MCKEE BUTLE el enjamin M. But er .I. SI.OAN KUYKENDALL. (1906 -1995) J. SL OAN' KUYKENDALL., 111 EDWIN B. YOST VIA FACSIMILE USPS Aug -29 -O6 02:18pm From- PETER K. WREN (I 9344067) BENJAMIN M. BUTLER STEPHEN G. BUTLER Mark Cheran Frederick County Planning Office 107 N. Kent Street Winchester, VA 22601 RE: ZONING APPEAL My File 2006 -0027 Dear Mr. Cheran: BMB:vg Thank you for your assistance. cc: Dawson W. Riggleman, Jr. KUYKENDALL, JOHNSTON, McKEE BUTLER, P.L.C. 112 SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHE VIRCINLA 22604-1297 (540)662.3496 Faaimilc (540) 722 -3797 U -Mwl: bmblaw@adelphiana August 29, 2006 This letter will request that the advertising and the hearing for the appeal to the BZA of Frederick County for Dawson W. Riggleman, Jr. and Robann C. Riggleman, his wife, be continued to allow a Conditional Use Permit to be filed, which would be concurrent with the BZA, but would be requested to be heard first before the BZA hearing. Very truly yours, lM B BUTLE �r njamin M. Bu er T -B40 P.02/02 F -202 7. SLOAN K'r1YId NDALL (1906 -1993) 1 SLOAN KUYKENDALL, 111 EDWIN B. YOST VIA FACSIMILE USPS 1 Aug -29 -06 02:18pm From- TO: Mark Cheran COMPANY: Planning Dept. FAX NUMBER: 665 -6395 PHONE NUMBER: 665 -5651 RE: OUR PILE No. 2006 -0027 RIGGLEMAN URGENT la FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NOTES /COMMENTS: LAW OFFICES OF KUYKENDALL, JOHNSTON McKEE BUTLER, P.L.C. 112 South Cameron Street Winchester, Virginia 22601 Phone: 540- 662 -3486 Fax: 540- 722 -3787 For your review and comment. FACSIMILE TRANSMITTAL SHEET FROM Benjamin M. Butler, Esq. /Vicki DATE 08/29/06 TOTAL NO. OF PAGES INCLUDING COVER: 2 SENDER'S REFERENCE NUMBER; YOUR REFERENCE NUMBER: T -640 P.01/02 F -202 P l e a s e f i n d attached: 1 L e t t e r R e g a r d i n g Z o n i n g Appeal for Riggleman ORIGINAL WILL X WILL NOT 9 FOLLOW VIA U.S. MAIL. if you do not receive all pages, please call 540 662 3486 IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY US IMMEDIATELY AT THE PHONE NUMBER GIVEN ABOVE CONFIDENTIALITY NOTICE "WARNING: Unauthorized interception of this telephonic communication could be a violation of Federal and Virginia law." The documents accompanying this tele copy transmission contain legally privileged, confidential information belong to the sender and is intended for the use of the above -named individual or entity only. If you arc not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents hereof is strictly prohibited. Board of Zoning Appeals 107 North Kent Street Winchester, VA 22601 Dawson W. Riggleman, Jr. and Robann C. Riggleman 120 Longcroft Road Winchester, VA 22602 Dear Ladies and Gentlemen of the Board of Zoning Appeals: The undersigned have filed this letter in support of their appeal from the decision of Lauren E. Krempa, Zoning Inspector for Frederick County, and in support thereof state the following: 1. The horses are for recreational purposes only. 2. We do not conduct any for profit activities associated with the horses. We do not have horse shows nor do we conduct rides for profit. There is no breeding activity for resale purposes conducted on the property. 3. Because there are no for profit activities, we cannot deduct on our personal tax returns any expenses regarding the upkeep of the horses, such as veterinary bills, medicines. or the cost of any medical treatment. These expenses are our out of pocket expenses. We cannot deduct any depreciation expenses related to the barn. 5. We cannot deduct the cost of hay, pasture seed, or fertilizers. These expenses arc our out of pocket expenses. 6. Because we do not conduct any for profit activities, our insurance requirements are those customary to keeping horses. These requirements consist of the posting of No Trespassing signs, non climb wire fencing, and gated and locked facilities. It should be further noted by way of background that the undersigned made application to the Frederick County Building Department for a building permit for the barn which houses the horses. This happened in 2000 or 2001. The Building Department indicated that there was no problem with constructing the barn so long as it was used for personal use and not commercial enterprise. Board of Zoning Appeals August 3, 2006 Page 2 2006-0027 Riggleman U \Lette' of Appeal Thereafter. Dawson Riggleman contacted Frederick County Planning staff person, Abby Kennedy, in November or December of 2003 to verify that the keeping of the animals was allowed by the Frederick County authorities. Ile was informed that the use of the property for personal horses was allowed and that the matter had been raised in the staff meeting and Ms. Kennedy's advise was based on a staff meeting which was held. He had asked Ms. Kennedy to obtain a letter stating that it was allowable for pet horses to be used on the property; however, she indicated that there was no need to issue such a letter as the same was contained in the minutes ofthe staff meeting which was held either in November or December, 2003. Neither ofthe Rigglemans heard any more response until the complaint was filed against them in this matter. Respectfully submitted, pn G•4 737t44 Dawson W. Riggleman, Jr. d Robann C. Riggleman CERTIFIED MAIL July 18, 2006 Dear Mr. Riggleman: Mr. Dawson W. Riggleman Jr. 120 Longcroft Road Winchester, VA 22602 Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 RE: 120 Longcroft Road; Zoning District: RP (Residential Performance) Property Identification Number (PIN): 64 -A -44 COUNTY of FREDERICK On July 17, 2006, I visited the above- referenced property in response to a complaint regarding equestrian animals (horses) on a residential property. My inspection of the site revealed the presence of several horses on the property. In accordance with Section 165 -59 of the Frederick County Zoning Ordinance, an agricultural use is not a permitted use within the RP (Residential Performance) Zoning District. Agricultural uses shall only occur within the RA (Rural Areas) Zoning District of Frederick County. Agricultural use is defined, by the Zoning Ordinance, as cultivating the soil, raising or harvesting any agricultural, aquacultural, horticultural, floricultural, or viticultural commodity on a farm, including the raising, feeding, training, or management of animals (horses) and poultry, excluding kennels. Specifically, resolution of this violation may be accomplished by removing the horses from the property. Failure to comply with the Zoning Ordinance will result in a criminal complaint being filed against you. This office will allow 30 days from receipt of this letter to resolve this violation. You may have the right to appeal the above notice of violation within 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 un- appealable, if it is not appealed within 30 clays. 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 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Page 2 Mr. Dawson W. Riggleman Jr. Re: 120 Longcroft Road July 18, 2006 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 $300.00 filing fee ($250.00 filing fee and a $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Please do not hesitate to contact me regarding any questions that you may have at (540) 665 -5651. Lauren `E -lCrempa Zoning Inspector LEK /dlw