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HomeMy WebLinkAbout17-06 Open Door Baptist Church - Stonewall - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: 0File opened (. 06 Reference Manual updated/number assigned _ 06 D-base updated coL© t 04 Gne-64W location map requested from GIS Two sets of labels requested from Data Processing a) p File given to Renee' to update Application Action Summary MEETING DATE: l / �7G FINAL ACTION: CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated File given to Renee' for final update to Application Action Summary 6�4 1 -�3- 1 "7 U:\Bev\Common\Tracking sheetsMA Tracking.bn Revised 05/25/01 m 0 co CD a 2 CE u_ .gym' DA�E 8 ( C%Cli NO. 9090 RECEIVED ADDRESS(t�( DOLLARS CJFOR RENTPRO -ew DFOR i,?-._ >, BY- AMT. OF CASH ACCOUNT AMT. PAID CHECK BALANCE MONEY DUE ORDER 4-, 0 ® � N o o co cr o o Q O N U � � � � IjIlIjjljI 11 z V O RECEIVED FROM ADDRirSS �c) FOR ATE `� !�i+ti NO. ;,)(A)- 1;-�3 mupm AMT. OF CASH ACCOUNT I I AMT. PAID CHECK BALANCE I MONEY U QRQER1 OLLARS $ . BY� `R k I G� Co ILE COP#- TO: Finance Department - ...6 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 MEMORANDUM FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: September 8, 2006 The amount of $50.00 was deposited in line item #3-010-019110-0008 and $250.00 was deposited in line item #3-010-013030-0007 for the church named below. The church had a deposit for one sign for an Appeal #17-06 for Open Door Baptist Church. The church has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $300.00 to: Open Door Baptist Church PO Box 2526 Winchester, VA 22604 RSA/pd Vv q'g100 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 U.\B,\Common\Tacking sheeuvsan Revised W25101 No. 90 90 � DATE � ° RECEIVEDQ� M�._�� ADDRESS(_1�X��� ..tv C cp 4 ��DOLLARS o i UFOR RENT � � Sty L�— C� f ClZt U FOR _— r � CASH 7ntir ,�{ CHECK MONEY�,.�7 �Jt - ORDER BY r4. - --)"A ly :stale Y District • .ight s go ,3n sale Half Taxes Due Proper Ite District ht the Commissioner of the Address ntY Treasurer x 225 22604-0225 •5607 'dam derick. va. us Online Pa dents VA. US i to 5.-00 pm r1Ag Peak times, watch nedia. STRg TION ereoelie are belief. true, full ane T A X R E C E I P T b es - �cRICK COUNTY ------.WILLIAM ORNDOFF, JR /.0. BOX 225 WINCHESTER VA 22604-0225 • Ticket #:00005470001 Date---- :----8/22/2006 Register: BCC/BC Trans. #: 60660 Dept # 1095 Acct# SIGN DEPOSITS PLANNING Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Cash 5.20 Pd by PLANNING Check 1100.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 8/2006 T A X R E C E I P T Ticket #:00015810001 ,TRICK COUNTY Date 8/22/2006 ,IILLIAM ORNDOFF, JR Register: BCC/BC BOX 225 Trans. #: 60660 Dept # ZASP WINCHESTER VA 22604-0225 Acct# ZONING APPLICATIONS Previous Balance $ 1050.00 Principal Being Paid $ 1050.00 Penalty $ .00 Interest $ .00 Amount Paid $ 1050.00 *Balance Due $ .00 Cash 5.20 Pd by PLANNING Check 1100.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 8/2006 I APPEAL 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 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. BOARD OF ZONING APPEALS HEARING DATE: September 19, 2006 - Pending LOCATION: The property is located feet off of Hopewell Road (Route ) through Clines Orchard. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERN: 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. w-` Appeal Application #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 t5, 2006 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance regarding 0 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Appeal App'ica _Submittal Deadline Submittal Date For the meeting of Fee Paid yes initials: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner 7X_ other . (Check one) 2. APPLICANT: QGQYH r;T: (if different) CONTi9 cT PPYC50.J NAME:6Pe,� Dao,r CL&irnj r,►�,NAME: RP j% q .(i /h�S�>4 ADDRESS 25"�9�U 101, h�e.��Xe ADDRESS: �`S&7i(/ es7ncl / /"e 01 iMW/wmm TELEPHONE: S-90 -(6� 6�52 TELEPHONE: 66'? d ��02 coil S4 o s3,? -F= 7 3. The property is located at (give exact directions and include State Route numbers): C6. ;r;A)11e Alorf� 0AI n7 5! Clevt 0�ook, ►' '� e FT19 4 110 Ide ke A aad ; 5A 7' i V 7-o s eS 0R C Y ose T OF wloy T o U, C ow ri a ro uJ; A r4 4. Magisterial District: ' plrd A'r Tv 0 Peu F1 e %d 0 DR rkc 110/° 5. Property Identification No.: 3--4 -/Z3 0 6. The existing zoning of the property is; -A�� 7. Tile existing use of the property is: .�mr- g,�lr 8. Adjoining Property; USE North 19 C East — /( South _ .4)r West ZONING p1 9..Describe the decision being appealed. (Attach a copy of'the written decision.) Appeal fx-oni a Zoning, determination by Mark Cheran, Zoning Administrator,who determined that the construction of a 100 ft in height cross does not meet the ordin'-wee 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 fall 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) The 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. 11. Additional corn-inients, if any; 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 < oeveloP� �� Address gzd Rd LLUC, Ed Property ID # 7� /03 L �' %✓ �f %� �/'� Address C e Y06K 09 `I 0 D P�jyCO/ Property ID # 33 / H C Address Property ID # LO I)OZ 014�, A { Addressaz C'�.,1/7�'✓ j -e r,aCo v 0� Property ID # � � I Y A"9z /9 i eV e- Address Property ID # % 3 / Address 15 - _ C-5 ? N Property ID # Address 5•1 L G Property ID # Addr ss Property ID # Address Property ID # Address Property ID # Address Property ID # AGREEMENT APPEAL # 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. e. SIGNATURE OF APPLICANT C & ; 7- dUY61 DATE OS' SIGNATURE—��i� R DATE Q $ - / Z -0 (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF &71/0(,,, ACTION: - ATE - APPEAL OVERRULED APPEAL SUSTAINED SIGNED: DATE: File: 0ALand Use Applications\Application Forms\APPEAL Revised: 01/14/03 BZA CHAIRMAN b 4- N W S E REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION FREDERICK COUNTY, VIRGWIA GIS, MAPPING, GRAPHICS WORKREQUEST DATE RECEIVED: 11< 12-4 1,9�__ REQUESTED COMPLETION DATE: Departnaent, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTRv1ATED COST OF PROJECT: M/ DESCRIPTION OF REQUEST: (Write additi e,oz.ole- ice. l+ Ps DIGITAL: SIZES: COLOR: FAX: w inyf�orp-mationan back of regv:est).-.-___.___�_. o Pex W or- 15A P7/s7- l kJ > 3 - )I PAPER: FAX: — E-N1A - BLACKJWHITE: I. NUMBER OF COPIES: STAFF MEMBER: HOURS REQUIRED: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 HAND -DELIVERED July 20, 2006 Open Door Baptist Church c/o Reverend Ken H. Smith P.O. Box 2526 Winchester, VA 22604 RE: Zoning Determination for a Monument of a "Holy Cross" Property Identification Number (PIN): 33-A-123 A Zoning District: RA (Rural Areas) Zoning District Dear Reverend Smith: This letter is in response to your correspondence dated July 19, 2006, requesting a zoning determination on the construction of a monument versus a "Holy Cross" on the above -referenced property. In your correspondence, you indicated that the "Holy Cross" would be 100 ft. in height and 40 ft. wide. Section 165-24 of the Frederick County Zoning Ordinance, allows for exceptions of the height requirements of its zoning districts for listed structures identified in Section 165-24. Section 165-156 of the Frederick County Zoning Ordinance does not define monument. This section of the ordinance makes reference to the Merriam-Webster's Dictionary for any word, term, or phrase not defined in this section of the ordinance. The Merriam-Webster's Dictionary defines a monument as: "A memorial stone or building erected in remembrance of a person or event; a lasting evidence or reminder of someone or something noble " Therefore, the proposed "Holy Cross" does not meet the criteria of a monument as defined. This proposed monument does not represent any person or event that occurred on this parcel of land. The height requirement in the RA (Rural Areas) Zoning District shall not exceed thirty-five (35) feet. You may build a "Holy Cross" on this property as long as it is 35 feet or less. You will be required to apply for a building permit with engineered plans for this structure. The building setbacks for this proposed structure will be: front 60ft., sides and rear 100 ft. There are no waiver or variance actions of these height requirements, you may appeal this determination. The process to appeal is located below and will require an application that you may receive from this office. The Frederick County Administrator is the only person that can waive any county fees. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 Page 2 Open Door Baptist Church c/o Reverend Ken H. Smith July 20, 2006 You may have the right to appeal this zoning determination 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 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 application form, a written statement setting forth the decision being appealed, 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 you may have at (540) 665-5651. Sincerely, 4ark R. Cher n Zoning Administrator MRC/dlw I'-i I)--- i COUNTY of VR EDE]Ri C D".mrrent of Pta.f and Der— s4a66s-5q NAX: S4W66S..(,I July, 20, 2006 C?1�ern D r B a ti s ( Ciun-ch u o R c,v r_rrt--rid Ken &-1. S m ith P.O. [-lox 2526 Winc.hCSler, VA 22604 RE: ZU-ning- Determination .for- a Monument of a cffojy Cro,3 Pra �,fY Identiijeaiio❑ Number (P�: 33-.+►-12.3 A Zonir DisrfrSct: -R-A (Rural Artas) Zoning D 9Met Dear K"e-rCn d S rn ax): This letter is in response to pour co , ondence dal _ dcCcnmina[ion on the co.astzUction of a n�iu,,enL versus"} Q(y 19, 20�n Ire 9 � a z�r4ng prurpcJty. Ln Y(Jur wrr� ndm bb errferenced and90 ff. w1ide. you indicated 'ha' the"1401y Cross" would bt-� 100 H. Ln he gfc Section 165 24 of t-he Frederic County Zr»ing OrdnaQGe, allows for exce buns of rti Iuaerrter�tsofitszortiingdisTlictsforListed P fie he gk of the I -re -de rick CountyZ� rdenbfred i_n Secti.on f o 5-24. Soctivn 165 156 OrdinancedOcErmtdefinemonument This ,�;onoftheoidina��ce malc.esre..iff .nce to the Memarm-Web`�er'sD�ctr- o`-- ifiis sect pn of the ordinance. , °a- for 2uY word, to or phrase noI defined in Tie Mcmam-WebEter'SDiclionary defines a.rnonlrment as: "A nrr'morial stone or by ldj"ng erec(ed rn remembrance ofa person or event.- v iuslz,� e�,de.nce Ur re,rsndeT of So,*neorte ors�,�re�h�9,hle" rrl, 0,* Me Fo lloiv),V foq e r to • .. pr pa se Lharise osed "Holy Cross" does not meet the criteria of a rooau risen( as defined. This n does not rep resent aov lleighC r Person or event.titat occurred on fhispan;elofland. Tire utnmrnerit in the RA (Rural' Areas Zoning r'ou isle build a ``Holy ) District shall not exc� thirty-five (35) feet Y , Gross" on this prop as long as it is 13 feet orless_ You will be regwred (o apply for a buy I ding permi( with en ee 4"`"� L� redp ans'for thl'sstruct:ure. -The budding seibacksIor Ibis prZ)po cl t-J)9H �re will be: front 60ft , sides anjrear 100 R.. T%re aretso waiverorvarianccactions 01 these hxi frt r-equiTrAments, you may appeal L} is detrrnuoation. The process Ca appeal is loci{� below a.nd will require an application that you tnay're.ceive.fMM Otis Adrnuustr,1ror once. `JRie F.redexnck Cots I the or�ly person that can waiveanycoimtyfbes. You fTiav have the right to appeal thiszoningdeterminatian with ri thirty (30) days of the date oftWs letter in acc lc,-- wUh Section 15.2-231 (ofthe Co&c)rVirginia This decision sha l he Gael and unappc_Llable if it is riot appealed within thirty (30) days. Should you choose to. appeaf, ,the appeal musl bw itled wcth due- ZoniagAdn-inLst-ator and the Board of ZoaL'ng Appeals(BZA) in accordance with ArticleX a, Sociion i65-155A(l)oftheFradenckCoantyZon_usgC}rdi.oance. Th►sprovision mgwics the !MxTugsio❑ of an application form, a written statement setting. fortb the decision being appealed, date of decision, tie grotmds for the appeal, ho-w the appella.at is an aggrieved party, any ocher iaforrnation you may want to submit and a 3300.00 Gbng fee (.92SO.00 filing fee and a $50.00 refundable sipu depos0. Once the appeal application is aocepted, it will be scheduled fo, public heflngg and decision before fe BZA. Please do not h:c s tatr to contact the re&arding auy questions you may have at (540) 66S-565 t SInC,,qt(y, 4_3ik PL C:herin Zontng .A_d_Mi 10, s-trntar We, 19 2006 12:29PM OPIS DOOR BAPTIST CHURCH 5*62231 0 Open Door Baptist Church PO Box 2526 Winchester, VA 22604 Phone- (540) 662-6552 Fax- (540) 662-2310 Pastor- Dr. Kenneth H. Smith JUL 1 9 2006 Facsimile Cover Sheet To: ,McLy,' R Q6_ ran From: &en Door Date: oo 6 Total pages: Attention: P.1 0 Mr. Mark Cheran Frederick County Zoning Administrator 107 North Kent Street Winchester, Virginia 22601 Mr. Cheran, June 30, 2006 Open Door Baptist Church would like to construct a "Holy Cross" on their property, tax parcel 33-(A)-123A, along Interstate 81 in Clearbrook. The parcel is approximately 28 acres in size and is zoned RA (Rural Area). The Cross will require an excavated foundation of concrete and will be constructed of steel. The Cross will stand 100' tall and will be 60' wide. The structure will not have any writing on it; however, it is a monument to and a sign of Christianity. We have the following questions for the construction of the Cross. 1. How far must the structure be from adjoining properties and other structures? 2. Is a permit required from the Department of Transportation to build along Interstate 81 ? If so, then who must we contact? 3. Is a permit required from Frederick County? a. If so, then will it be a "building permit" or a "sign permit"? 4. Is this structure allowed in the zoning district? a. If not: i. Will we be required to apply for a waiver from the Board of Supervisors? Or, will we be required to apply for a variance from the Board of Zoning Appeals? 5. What are the fees associated with this process and does the County grant waivers for fees for religious organizations? 6. Which County departments will be required to comment on any applications? Thank you for your time and attention to this matter. Please send your written response to: Open Door Baptist Church c/o Jeffery G. Jenkins 1631 Redbud Road Winchester, VA 22603 Phone: 974-6768 Open Door Bavtast Church Dr. Ken H Smith — Pastor P.O. Box2526 `Mnchester, VA. 22604 t' June- 28, 2006 To Whom It May Concern: The pictures and information of the cross contained in this folder are similar to what our church wants to erect on the 28.330 acres we own in the Stonewall District of Frederic County VA. If I can be of f urther help to you please contact our off ice at 540- 662-6552. Until then, Pastor Ken H. Smith Victory Baptist Church Used W,"I Home Pastor's Message Service Times Sunday School Victory ¢lutist Cross Music Ministry Children's Center Plan of Salvation Statement of Faith Be a Five Star Christian Contact Us Guestbook Calendar King James Bible Bible Search Daily Devotional Mailing List Member Direct FaithfortheFamily Page 1 of 2 ...the house of God, which is! church of the living God, the pillar and ground of the truth Steel Framework F Photo Gallery View from north on I-81 I Timothy Victory Baptist Church Page 1 of 2 Home Pastoes Message Service Times Sunday School Victory DaPb5t CroSS Music Miniaft Children's Center Plan of Salvation Statement of Faith Rp a Five Star Christian Contact Us Guesftok Calendar King James Bible Bible Search Daily Devotional Mailing List Member Directory Photo Gallery FaithfortheFami_y _1 "(; Ham' "...the house of God, which is church of the living God, the pillar and ground of the truth I Timothy Photo Gallery N yg y Y Y s� :;;,�,: �r COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 HAND -DELIVERED July 20, 2006 Open Door Baptist Church c/o Reverend Ken H. Smith P.O. Box 2526 Winchester, VA 22604 RE: Zoning Determination for a Monument of a "Holy Cross" Property Identification Number (PIN): 33-A-123 A Zoning District: RA (Rural Areas) Zoning District Dear Reverend Smith: This letter is in response to your correspondence dated July 19, 2006, requesting a zoning determination on the construction of a monument versus a "Holy Cross" on the above -referenced property. In your correspondence, you indicated that the "Holy Cross" would be 100 ft. in height and 40 ft. wide. Section 165-24 of the Frederick County Zoning Ordinance, allows for exceptions of the height requirements of its zoning districts for listed structures identified in Section 165-24. Section 165-156 of the Frederick County Zoning Ordinance does not define monument. This section of the ordinance makes reference to the Merriam-Webster's Dictionary for any word, term, or phrase not defined in this section of the ordinance. The Merriam-Webster's Dictionary defines a monument as: "A memorial stone or building erected in remembrance of a person or event; a lasting evidence or reminder of someone or something noble " Therefore, the proposed "Holy Cross" does not meet the criteria of a monument as defined. This proposed monument does not represent any person or event that occurred on this parcel of land. The height requirement in the RA (Rural Areas) Zoning District shall not exceed thirty-five (35) feet. You may build a "Holy Cross" on this property as long as it is 35 feet or less. You will be required to apply for a building permit with engineered plans for this structure. The building setbacks for this proposed structure will be: front 60ft., sides and rear 100 ft. There are no waiver or variance actions of these height requirements, you may appeal this determination. The process to appeal is located below and will require an application that you may receive from this office. The Frederick County Administrator is the only person that can waive any county fees. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Page 2 Open Door Baptist Church c/o Reverend Ken H. Smith July 20, 2006 You may have the right to appeal this zoning determination within thirty (3 0) 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 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 application form, a written statement setting forth the decision being appealed, 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 you may have at (540) 665-5651. Sincerely, eark R. Cheran Zoning Administrator MRC/dlw 7273983907 GIBBS LAW FIRM 03:17:28 p.m. 08-18-2006 2 /3 GIBBS LAW FIRM, P.A. �S'�i�n�u�ra.,o�z�-t�aunaclaa�a.at_7au� 5666 SEMINOLE BOULEVARD, SUITE TWO TELEPHONE: (727) 399-8300 FACSIMILE: (727) 398-3907 SEMINOLE, FLORIDA 33772 August 18, 2006 County of Frederick Department of Planning and Development 107 North Kent Street, Suit 202 Winchester, VA 22601 Re: Open Door Baptist Zoning Determination on Construction of Cross Dear Sirs: We are writing this letter to express our support for the above referenced application and its reconsideration on appeal. It is our understanding that the zoning administrator, Mark R. Cheran, has determined that the placement of the 100 foot tall cross by Open Door Baptist Church on its property does not fall within one of the enumerated exceptions to the zoning height requirements for its zoning district. Section 165-24 of your ordinance enumerates a number of exceptions to height restrictions, among them is one for monuments. It is interesting to note that your code does not define monument but adopts the Merriam-Webster's definition. Accordingly, it defines a monument as "a lasting evidence, reminder, or example of someone or something notable or great." Based on the foregoing, it is our legal opinion that Open Door Baptist Church's cross precisely fits within the meaning and application of such a definition. Frankly, I can not think of a better person in the course of history that has been more notable that Jesus Christ. The cross is a monument to His sacrifice known and believed by many. To say that the cross is not a monument does not comport with the definition adopted by your ordinance. We are hopeful that you will agree with our position. I would also like to call your attention to the religious freedom issues that may be raised if the application and appeal is denied. This firm is primarily dedicated to promoting and defending the free, public www.gibbsfiirm.com - 7273983907 GIBBS LAW FIRM 03:17:43 p.m. 08-1 B-2008 3 /3 GIBBS LAw Fnzm, P.A. Planning Department August 18, 2006 Page 2 expression of Bible -believing churches and Christians across the United States. In accordance with this commitment, we have frequently represented religious organizations that encounter obstacles to using real property for ministry purposes. Most recently, we have successfully represented churches under the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"), The principles embodied in RLUIPA enjoy broad, bipartisan support: the legislation sailed through both houses of Congress, virtually unopposed, and was signed into law by President Clinton on September 22, 2000. RLUIPA provides, in relevant part, that: No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly or institution - (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling government interest. We are confident that your department will seriously reconsider Open Bible Baptist Church's application and appeal to permit the placement of the cross on its property. It is our firm position that it is unlikely that your zoning board would able to prove that this substantial burden upon Open Door's religious exercise either furthers a compelling interest or is the least restrictive means of furthering such an interest. We therefore encourage the Board to avoid these legal risks by granting the application. We thank the Board for considering our views, and we welcome any further questions the Board may have. Sincerely, GIBBS LAW FIRM, P.A. Rita M. Briles Admitted in Alabama & Maryland Open Door Baptist Church Inc. 2587 Northwestern hike Winchester, VA 22603 Dr. Xen Yf. Smith Pastor August 18,.2006 Board of Zoning Appeal County of Frederick 107 N.. Kent .St. Winchester, VA 22601 Dear Sirs: The following appeal, is being made under protest the reason is very easy to understand. Our requested permit which has been denied meets the. requirements as set forth in the Frederick County Code Book Section 165- 24. When we win the appeal, we request that our $300.00 appeal fee be returned to us. Respectfully Yours . Dr. ken H. Smith Pastor of Open Door Baptist Church Inc. .Aug 18 06 02:39p Commonwealth Attorney Of ISguooIJg�+ COUNTY of FREDERICK Board of Supervisors 540/665-5666 540/667-0370 Fax Richard C. Shickle - Chairman Bill M. Ewing - Vice Chairman Opequon District Gene E. Fisher Shawnee District LEGAL OPINION To: John R. Riley, Jr. From: Lawrence R. Ambrogi County Attorney Charles S. DeHaven, Jr. Stonewall District Gary W. Dove Gainesboro District Barbara E. Van Osten Back Creek District Philip A. Lemieux Red Bud District Issue: Would construction of across be subject to the 35 foot height limitation of Frederick County Ordinance § 165-57 or would it qualify as a `monument' under § 165-24 B I (g) and be excepted from the height limitation? Resolution of this issue centers on the definition of the word `monument.' The word is not defined in §165-156, the definitions section of the Zoning Chapter, nor is it defined anywhere else in the Frederick County Code. Section 165-156 indicates that the Merriam-Webster's Dictionary definition of monument shall apply, as it may be modified by established customs or practices in Frederick County. The Merriam-Webster's Dictionary entry for `monument' is as follows: Mon-u-ment 1. obsolete: a burial vault: SEPULCHRE 2. a written legal document or record: TREATISE 3a(l ): a lasting evidence, reminder, or example of someone or something notable or great (2): a distinguished person, b: a memorial stone or building erected in remembrance of person or event 4. archaic: an identifying mark: EVIDENCE, also: PORTENT, SIGN 5. obsolete: a carved statue: EFFIGY 6. a boundary or position marker (as a stone) 7. NATIONAL MONUMENT S. a written tribute This definition lacks any requirement that the notable or great person or thing have any connection with the location of the monument. One does not have to look far to see examples of monuments to people or events that have no particular nexus to the land on which the monument is placed. 107 North Kent Streit • Winchester, Virginia 22601 Hug Of course all laws and ordinances are interpreted strictly against the drafters. Additional phrases or terms can not be inserted by anyone other than the legislative body that enacted the law or ordinance. Courts (who are ultimately called upon to interpret statutes and ordinances) will not read into the statutes additional terms but strictly construe the language by reasoning "if the legislative body meant that, they could have easily included those terms." In accordance with these well -established legal principles, we would anticipate a court to rule that there is no requirement that a structure could only qualify as a monument if it commemorates something that is connected to the land on which it is located. I would also note that there is no evidence of any `established custom or practice' that would apply in this situation to alter the Merriam- 'Webster's definition. If you have any questions or wish to discuss this matter, please feel free to contact my office at your convenience. Co., Members of the Board of Supervisors Eric R. Lawrence, Director of Planning Mark R. Cheran, Zoning Administrator Lawr nee Ambrogi Attorney for Frederick County NOTIFICATION OF PUBLIC HEARING September 5, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPEAL APPLICATION # 17-06 OF OPEN DOOR BAPTIST CHURCH On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, September 19, 2006, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Appeal Application #17-06 of Open Door Baptist Church, submitted by Reverend Ken Smith, to appeal the decision of the Zoning Administrator regarding Article IV — Supplementary Use Regulations, Section 165-24 — Height Limitations; Exceptions. The subject property is located feet off of Hopewell Road (Route ) through Clines Orchard, and is identified with Property Identification Number 33-A-123A in the Stonewall Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator uf�M"i lI _ ,, TO:BARBARA-DATA PROCESSING D p OJ FROW BEV - Planning Dept. Please pri t sets of labels by 06 THANKS! 12. The following names and addresses are all of the individuals, nrms, 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.) 7 NAME `� • 1L��� / Pp # /'7G TO:BARBARA-DATA PROCESSING O p 9 /l}! O-tta RC ff FROW BEV - Planning Dept. Please pri t sets of labels by 06 THANKS! 12. The following names and addresses are all of the individuals, tirms, 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 AUG 1 8 2006 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan Eric Mike Kevin John Lauren COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd Open Door Bapist Church Inc. 2587 Northwestern Pike Winchester, VA.22604 Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 AUG 1 8 2006 7273983907 GIBBS LAW FIRM 03:17:28 p.m. 08-18-2006 2 /3 GIBBS LAw FIRM, P.A. $666 SEMINOLE BOULEVARD, SUITE TWO SEMINOLE, FLORIDA 3377.2 August 18, 2006 County of Frederick Department.of Planning and Development 107 North Kent Street, Suit 202 Winchester, VA 22601 Re: Open Door Baptist Zoning Determination on Construction of Cross Dear Sirs: TELEPHONE: (727) 399-8300 FACSIMILE: (727)398-3907 We are writing this letter to express our support for the above referenced application and its reconsideration on appeal. It is our understanding that the zoning administrator, Mark R. Cheran, has determined that the placement of the 100 foot tall cross by Open Door Baptist Church on its property does not fall within one of the enumerated exceptions to the zoning height requirements for its zoning district. Section 165-24 of your ordinance enumerates a number of exceptions to height restrictions, among them is one for monuments. It is interesting to note that your code does not define monument but adopts the Merriam-Webster's definition. Accordingly, it defines a monument as "a lasting evidence, reminder, or example of someone or something notable or great." Based on the foregoing, it is our legal opinion that Open Door Baptist Church's cross precisely fits within the meaning and application of such a definition. Frankly, I can not think of a better person in the course of history that has been more notable that Jesus Christ. The cross is a monument to His sacrifice known and believed by many. To say that the cross is not a monument does not comport with the definition adopted by your ordinance. We are hopeful that you will agree with our position. I would also like to call your attention to the religious freedom issues that may be raised if the application and appeal is denied. This firm is primarily dedicated to promoting and defending the free, public www.gibbsfirm.com 7273983907 GIBBS LAW FIRM 03:17:43 p.m. 08-18-2006 3 /3 GIBBS LAw Fmm, P.A. Planning Department August 18, 2006 Page 2 expression of Bible -believing churches and Christians across the United States. hn accordance with this commitment, we have frequently represented religious organizations that encounter obstacles to using real property for ministry purposes. Most recently, we have successfully represented churches under the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). The principles embodied in RLUIPA enjoy broad, bipartisan support: the legislation sailed through both houses of Congress, virtually unopposed, and was signed into law by President Clinton on September 22, 2000. RLUIPA provides, in relevant part, that: No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly or institution - (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling government interest. We are confident that your department will seriously reconsider Open Bible Baptist Church's application and appeal to permit the placement of the cross on its property. It is our firm position that it is unlikely that your zoning board would able to prove that this substantial burden upon Open Door's religious exercise either furthers a compelling interest or is the least restrictive means of furthering such an interest. We therefore encourage the Board to avoid these legal risks by granting the application. We thank the Board for considering our views, and we welcome any further questions the Board may have. Sincerely, GIBBS LAW FIRM, P.A. �Z Rita M. Briles Admitted in Alabama & Maryland Gibbs Law Firm, P.A. 5666 Seminole Boulevard, Suite Two Seminole, Florida 33772 Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 AUG 1 8 2006 Lawrence Ambrogi Atttorny for Frederick County Department of Planning and Development 107 North Kent Street AUG 1 8 2006 Winchester, Virginia 22601 Aug 18 06 02:39p Commonwealth Attorney Of 15406673454 COUNTY of FREDERICK Board of Supervisors 540/665-5666 5401667-0370 fax Richard C. Shickle - Chairman Bill M. Ewing - Vice Chairman Opequon District Gene E. Fisher Shawnee District LEGAL OPINION To: John R. Riley, Jr. From: Lawrence R. Ambrogi County Attorney Charles S. DeHaven, Jr. Stonewall District Gary W. Dove Gainesboro District Barbara E. Van Osten Back Creek District Philip A. Lemieux Red Bud District Issue: Would construction of a cross be subject to the 35 foot height limitation of Frederick County Ordinance § 165-57 or would it qualify as a `monument' under § 165-24 B I (g) and be excepted from the height limitation? Resolution of this issue centers on the definition of the word `monument.' The word is not defined in §I65-156, the definitions section of the Zoning Chapter, nor is it defined anywhere else in the Frederick County Code. Section 165-156 indicates that the Merriam-Webster's Dictionary definition of monument shall apply, as it may be modified by established customs or practices in Frederick County. The Merriam-Webster's Dictionary entry for `monument' is as follows: Mon-u-ment 1. obsolete: a burial vault: SEPULCHRE 2. a written legal document sr record: TREATISE 3a(1): a lasting evidence, reminder, or example of someone or something notable or great (2): a distinguished person, b: a memorial stone or building erected in remembrance of a person or event 4. archaic. an identifying mark: EVIDENCE, also: PORTENT, SIGN 5. obsolete: a carved statue: EFFIGY 6. a boundary or position marker (as a stone) 7. NATIONAL MONUMENT S. a written tribute This definition lacks any requirement that the notable or great person or thing have any connection with the location of the monument. One does not have to look far to see examples of monuments to people or events that have no particular nexus to the land on which the monument is placed. 107 North Kent Street - Winchester. Virginia 22601 Aug 18 06 02140p Commonwealth Attorney Of 15406673454 p.2 Of course all laws and ordinances are interpreted strictly against the drafters. Additional phrases or terms can not be inserted by anyone other than the legislative body that enacted the law or ordinance. Courts (who are ultimately called upon to interpret statutes and ordinances) will not read into the statutes additional terms but strictly construe the language by reasoning "if the legislative body meant that, they could have easily included those terms." "A accordance with these well-estabiished legal principles, we would anticipate a court to rule that there is no requirement that a structure could only qualify as a monument if it commemorates something that is connected to the land on which it is located. I would also note that there is no evidence of any `established custom or practice' that would apply in this situation to alter the Merriam-Webster's definition. If you have any questions or wish to discuss this matter, please feel free to contact my office at your convenience. <Law:rnc7e.A4.mbrogi Attorney for Frederick County cc: Members of the Board of Supervisors Eric R. Lawrence, Director of Planning Mark R- Cheran, Zoning Administrator