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Home My WebLink About16-06 ApplicationStaff received a complaint on July 13, 2006, of horses being boarded at 120 Longcroft Road Staff conducted a field inspection of the property on July 17, 2006, and noted horses boarded on the property. A notice of violation (NOV) was sent the property owners on July 18, 2006, and received by the property owners on July 19, 2006. The NOV stated that horse boarded in the RP (Residential Performance) Zoning District is a violation of the Frederick County Zoning Ordinance. The Rigglemans met with staff on or about July 21, 2006, staff explained the violation and the historical zoning of their property. Staff explained the appeal process for violations. The Rigglemans filed for an appeal of the Zoning Administrator decision regarding use in the RP Zoning District, on August 15, 2006. STAFF RESEARCH: STAFF CONCLUSION: Brief of the Riggleman Violation The property is shown to be zoned R- 1(Residential Limited) Zoning District when Frederick County adapted zoning in 1967. The R -1 Zoning District did not allow horses or any other agricultural animals. The property was included in the 1980 Comprehensive Down Zoning of Frederick County, the property was down zoned from R -1 to R -2 (Residential General), and the R -2 Zoning District did not allow horses or other agricultural animals. In 1983 Frederick County amended its Zoning Ordinance to add the RP (Residential Performance) Zoning District. This district included the R -1 and R -2 districts, and doesn't allow for horses or other agricultural animals. The property is currently zoned RP and aerial photos from 1970, 1986, 2001,and 2006 indicate there are no animals of farm structures on the property. The 2006 photo shows a barn. The barn does not have a build permit assigned. The property had approval from the Board of Supervisors for a three lot subdivision in 2000, the plats and staff report indicate this property to be zoned RP. The Rigglemans contend they contacted the Planning Department and were informed that they can keep horses on the property. Staff has not found any written response to this fact. Staff believes that the Rigglemans are in violation of the Frederick County Zoning Ordinance and the property has been residential since the County adapted zoning in 1967. There is not positive proof that this property was ever zoned RA. The Rigglemans have not provided any proof that this property is non conforming. .:4 3 1• 12'30" 2 (STEPHENS CIT STRASBURG Ml. STEPHENS CITY 3.1 Ml.i 5362 11 SW SCALE 1:24 000 0 1000 0 1000 .5 2000 3000 0 4000 CONTOUR INTERVAL 10 FEET DATUM IS MEAN SEA LEVEL 5000 7 44 6000 (/5 7) H 750 5%) 5 Shenandoah J Memorial Park 7000 FEET 1 KILOMETER a9 (644 10' 745000m.E 1 MILE 2 C'Y'A A FRONT RO AL 15 MI. 7 62--1/7x/6_ rpeirs VaIIey /Golf Club 71127 U 7)` 11tom: �I rs ONT4FIOF Heavy duty Medium duty Interstate Print Key Output 5722S51 V5R2M0 020719 FRCK40 Display Device NRTS1 User NRT 02 FRD FREDERICK CO Rec# 20653 1 Map No 64 A Acct 23177 GIS# Acreage 8.86 Minrl Tot 415,300 Use Front Depth Dp Fac Property Card Inquiry 37 RIGGLEMAN, DAWSON W. JR. 44 ROBANN C. 120 LONGCROFT RD WINCHESTER, VA. Class 2 8.86 ACRES Property Location: 00120 LONGCROFT RD WINCHESTER VA 22602 Parent R /M Assessed Value Land Use Value Year 1/01/2005 Type Acres Price Adj Land 110,000 H /S -C371 1.00 50,000 Impr 305,300 OTHER ACR 7.86 7,000 Area Unit Rate Adj C opntz eabcst N1cr-t1c L. Page 1 08/15/06 14:13:58 SHAWNEE 22602 4438 Value 55,000 55,020 Min Val Under Dev- Min Val Not Under Dev- Enter Next Screen Fl Return to Search F3 Exit F12 Next Record F24 More Keys Coortt R' 5s c. A APPEAL APPLICATION #16 -06 DAWSON RIGGLEMAN AND ROBANN RIGGLEMAN Staff Report for the Board of Zoning Appeals Prepared: September 2006 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planting 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: September 19, 2006 Pending LOCATION: The property is located at 120 Longcroft Road (Route 785). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 64 -A -44 PROPERTY ZONING USE: Zone: RP (Residential Performance) District Land Use: Residential ADJOINING PROPERTY ZONING USE: Zone North: RP (Residential Performance) Land Use: Residential Zone East: MI (Light Industrial) Land Use: Industrial Zone South: RP (Residential Performance) Land Use: Residential Zone West: RP (Residential Performance) Land Use: Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to Frederick County Code Article VI, Section 165 -59, for non conforming land use in the RP (Residential Performance) District. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator pertaining to permitted uses in the RP District. Appeal Application #16 -06. Dawson and Robann Riggleman September 2006 Page 2 STAFF COMMENTS: The Frederick County historical zoning map shows this property was zoned 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. 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 SEPTEMBER 19, 2006 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 RP (Residential Performance) Zoning District. b mrttalDeadlme N g5W4m rytheimeetmgkif 1. The applicant is the owner x other (Check one) 2. APPLICANT: APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT OCCUPANT: (if different) Dawson W. Riggleman, Jr. NAME: and Robann C. Riggleman NAME: ADDRESS 120 Longcroft Road Winchester, VA 22602 ADDRESS: TELEPHONE: (540) 667 -3328 TELEPHONE: I �d A 1 4 2006 3. The property is located at (give exact directions and include State Route numbers): 1 i I Approximately 2.5 miles off of Route 785 Longcroft Road) in Frederick County, VA. From the City of Winchester limits take Front Royal Pike to Longcroft Road (it is the next left after Airport Road. The property lies in an area behind the subdivision known as Bufflick Heights Subdivision. 4. Magisterial District: Shawnee Magisterial District 5. Property Identification No.: 64 -A -44 6. The existing zoning of the property is: R -P 7. The existing use of the property is: Residential 8. Adjoining Property: USE ZONING North Residential R -P East Industrial M -1 South Residential R -P West Residential R -P 9. Describe the decision being appealed. (Attach a copy of the written decision.) The Zoning Administrator has ruled that horses are not allowed in the R -P zone without regard to the fact that the horses are not in use as a commercial or agricultural enterprise. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) The horses owned by the applicant are personal pets of the owners. 11. Additional comments, if any: See letter from applicant. T Airport Business Park, LLC Address 4264 Q Entre Court Chantilly, VA 20151 Property ID 64 -A -40P SOS: Boyd J. Unger and Jean B. Unger Address 1011 Front Royal Pike Winchester VA 22602 Property ID 64 -A -43 Boyd J. Unger, Jr. 251 Songbird Lane Address Winchester, VA 22603 Property ID 64 -A -42 Interstate Properties Address 160 Front Royal Road Winchester, VA 22602 Property ID 64 -A -1 Hepler Holdings, LLC Address 567 Glendobbin Road Winchester. VA 22603 Property ID 640- 8 -2 7 Ronald R. Potter and Debra M. Potter Address 106 Travis Court Winchester, VA 22602 Property ID 64D- 8 -2 -8 Todd Sacco Address 12220 Lincoln Lake Way #2004 Fairfax, VA 22030 Property ID 64D -8 -2 -9 Kevin E. Ganczak and Angelica G. Ganczak Address 102 Travis Court Winchester VA 22602 Property ID 64D- 8 -2 -10 Amir M. Mustafa and Chiraz P. Mustafa 100 Travis Court Address Winchester, VA 22602 Property ID 64D- 8 -2 -11 Lucinda M. Klahre and Whitac Klahre Address 100 Longcroft Road Winchester. VA 22602 Property ID 64C -2 -3 Glenn W. Betts Address 104 Longcroft Road Winchester, VA 22602 Property ID 64C -2 -9 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 Winchester. VA 22602 Property ID 64 -A -44B Sandra H. Fletcher Address 108 Longcroft Road Winchester, VA 72602 Property ID 64 -A -44A Guy R. Avey and Karen D. Avey Address 110 Longcroft Road Winchester VA 22602 Property ID 64C -2 -44 William F. Holbrook Address 112 Longcroft Road Winchester, VA 22602 Property ID 64C -2 -45 Paul Elwood Berry Address 114 Longcroft Road Winchester, VA 22602 Property ID 64C -2 -46 Sally E. Steigleder Address 116 Longcroft Road Winchester, VA 22602 Property ID 64C -2 -47 Francis Omar Lopez and Argu Lopez Address 122 Longcroft Road Winchester, VA 22602 Property ID 64- C -2 -49 Hairy M. Stine and Rose 0. Stine Address 124 Longcroft Road Winchester, VA 27F19 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 ID 64C -2 -52 James C. Duncan and Heather Duncan Address 130 Longcroft Road Winchester, VA 22602 Property ID 64C -2 -54 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 Riggleman (Continued) 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 Riggleman (Continued) Darin Beckwith and E. Beckwith Address 132 Longcroft Road Winchester, VA 22603 Property ID 64C -2 -54 Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID SIGNATURE OF OWNER (if other than applicant) File 0: \Land Use ApplicationAApplication Forms \APPEAL Revised: 01 /14/03 -At 7 SIGNATURE OFAPPLICANT _,0 APPEAL OVERRULED APPEAL SUSTAINED SIGNED: AGREEMENT APPEAL 6 06 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. OFFICE USE ONLY BZA PUBLIC HEARING OF q /,q0 ACTION: DATE- DATE: 20-0 !o DATE 4,' 1/, 2o0(. DATE BZA CHAIRMAN