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HomeMy WebLinkAbout04-07 Joyce E Myers - Opequon - BackfileA N . r Date: 3 A,Fo 3 0 � b IQ T o BOARD OF ZONING APPEALS Variance Request Tracking Sheet File opened Reference Manual updated/number assigned D-base updated Color location maps requested from GIS k-cu- I - I &r -/-p /kp-c— Two sets of labels requested from Data Processing 3 e 10 7 Por-ile given to Renee' to update Application Action Summary MEETING DATE: S n FINAL ACTION: CLOSE OUT FILE: 5- P7 Approval (or denial) letter mailed to applicant/copy made for file �7 File stamped "approved", "denied" or "withdrawn" Reference Manual updated j7 D-base updated --- File given to Renee' for final update to Application Action Summary S 1.2Tracking =� I3�^1 U Bsheets\BZA Tracking.bn Revised 05/25/01 m O OD X 2 0 9 DATE NO. If u l RECEIVED FROM _ ADDRESS DOLLARS $ OFOR RENT ❑ FOR - ------ - AMT. OF CASH ACCOUNT AMT. PAID CHECK BALANCE MONEY DUE ORDER � FILE' COPY''� COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: July 3, 2007 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for Appeal #04-07 for Joyce E. Myers. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Thomas Moore Lawson P.O. Box 2740 Winchester, VA 22604 RSA/pd R%0 - 7103107 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 _elk n a0001 @@ 2007 —�!BC J88 10 0 0 0 0 .00 by PLANNING _ .NCE DUE INCLUDES PENALTY/INTEREST Check THRU THE MONTH 3/2007 r 416 T A X RECEIPT e�J '�'�,<EDERICK COUNTY WILLIAM ORNDOFF, JR ,P.O. BOX 225 ' � WINCHESTER VA 22604-0225 Ticket #:00005700001 Date 3/29/2007 Register: BCC/BC Trans. #: 67688 Dept # 1095 Acct# Previous SIGN DEPOSITS PLANNING Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Cash 15.00 Pd by PLANNING Check 750.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 3/2007 oO� APPEAL APPLICATION #04-07 JOYCE E. MYERS a Staff Report for the Board of Zoning Appeals w Prepared:May 1, 2007 "7)88 � Staff Contact: Mark R. Cheran, Zoning Administrator I 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: May 15, 2007 - Pending LOCATION: The subject property is located at 625 Town Run Lane. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER(S): 85-A-137 PROPERTY ZONING & USE: Zoning: RA (Rural Areas) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) East: RA (Rural Areas) South: RA (Rural Areas) West: RA (Rural Areas) Land Use: Residential Land Use: Agricultural Land Use: Agricultural/Residential Land Use: Agricultural APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-50, permitted uses. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to animal shelters as a permitted use in the RA zoning district. Appeal Application 404-07, Joyce E. Myers May 1, 2007 Page 2 STAFF COMMENTS: The County of Frederick cited the applicant for operating a kennel on June 9, 2006. The applicant was adjudicated via the General District Court as to the violation of operating a kennel in the RA zoning district. The applicant's motion to dismiss to the General District Court identifies the use on this property to be an animal shelter, not a kennel. The General District Court agreed with the applicant that the use on this property was not a kennel as defined by the Frederick County Zoning Ordinance. On February 27, 2007, the applicant was cited for operation of an animal shelter in the RA (Rural Areas) Zoning District. Section 165-50 of the Frederick County Zoning Ordinance does not allow for animal shelters in the RA zoning district. In accordance with the Frederick County Zoning Ordnance, animal shelters are classified by Standard Industrial Classification (SIC) 0752 as defined below: Standard Industrial Code (SIC) 0752- Animal specialty services, except veterinary, with all activities and animals kept within a fully enclosed primary structure. SIC-0752 is only a permitted use in the B-2 (Business General) and B-3 (Industrial Transition) zoning districts. Animal shelters are treated as public buildings in the M-1 (Industrial, Light) and M- 2 (Industrial, General) zoning districts (Frederick County Animal Shelter). Frederick County Zoning does not delineate between private, public, or rescue animal shelters. Therefore, the animal shelter located on this property is not a permitted use in regards to Section 165-50 of the Frederick County Zoning Ordinance and is not permitted in the RA zoning district. STAFF CONCLUSIONS FOR THE MAY 15, 2007 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-50, animal shelters are not an allowed use in the .RA zoning district. APP#04-07 85 A 59 85 A 60 85 A 134 85 A 70 D S/Ie f1, kpb 8SO 17 88 9S6 85 A 138 I I 8SD 1 8SD 1 BSD 8SD 1 1, ' 8B ,q BSO 8SO 8S0 BSO 1 19S BS° BSO 1 17 8SO 8S° BSO B S° 0 B Bg � O BS° 8s BS '' O 8, 7g BB O e 85D 8g° 8SO �s> 11 88 11 6? 11 83 *SO 7 1 Bq 8SD 1 68 1 SS 8SD 1 � 8S D my0 P ^ SS 1, Sit � h � BSO m 85 A 137 b 1, `yh ey0 1 �y0 my O A 85 A P 137E 0 do,P p O" 0 85 A 137E 85 A 137A 85 q 136 85 A 137D Frederick County, VA Appeal APP# 04 - 07 Application Joyce Myers Parcel ID: 85-A-137 Location in the Gouniy Map Features 0 Application O Lakes/Ponds ^-- Streams Streets Pnmary ti Secondary '�- Terciary �• Urban Development Area d%V SWSA sr ph— cry vrgmr, Location in Stirrotinding Area �K MINION 50 100 2 ®�eet � © Case Planner: Mark ' ' • 04 oyce�yers i RP zoning P aCP d� c 'yl 4 0 O Frederick County, VA Appeal APP# 04 - 07 Application Joyce Myers Parcel ID: 41 85-A-137 Location in the County Map Features Q Application Zoning C Lakes/Ponds B1 (Business, Neighborhood District) - Streams 82 (Business, General District) Streets 63 (Business, Industrial Transition District) Primary EM (Extractive Manufacturing District) ^�. Secondary HE (Higher Education District) '�- Terciary M1 (Industrial, Light District) �• Urban Development Area M2 (Industrial, General District) 0%0 SWSA 40 MH1 (Mobile Home Community District) 4M MS (Medical Support District) R4 (Residential, Planned Communty District) 40 R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) 51spbrns Lily � 1 Location in Surrounding Area ZO�CK cp 0 50 100 20P - s get © Case Planner: Mark p Frederick County, VA Appeal APP# 04 - 07 Application Joyce Myers Parcel ID: 85-A-137 Location in the County Map Features Q Application Long Range Land Use 8 Lakes/Ponds Rural Community Center -- Streams Residential Streets Business — Primary .'^ Industrial ti Secondary Institutional �. Terciary Recreation Wit• Urban Development Area ZY Historic ^. SWSA ® Mixed -Use ® Planned Unit Development 5/.ph-. [iq vrginu Location in Surrounding Area ., (08 i 0 50 tOsO 20�Jeet Case Planner: Mark oyCe yerAerial Frederick County, VA Appeal APP# 04 - 07 Application Joyce Myers Parcel ID: I 85-A-137 Mi Location in the County Map Features Q Application O Lakes/Ponds --- Streams Streets Primary •- - ^. Secondary -�, Tertiary I Urban Development Area Af SWSA 414 r doy V p� aF P � Sls h Gi �o sh4 Location in Surrounding Area !� n Sri 100 2 ®�eet Case Planner: Mark �}Ij II', ,,w � • 0 VIRGINIA: IN THE GENERAL DISTRICT COURT FOR FREDERICK COUNTY, VIRGINIA Criminal Division COUNTY OF FREDERICK, VA, V. JOYCE E. MYERS, Defendant. Case No. GC06-8042 MOTION TO DISMISS COMES NOW Defendant, Joyce E. Myers, Ph.D. ("Defendant' or "Myers"), by counsel, -and moves this Honorable Court to dismiss the misdemeanor summons filed against her by the County of Frederick ("County") in its entirety. Myers basis for this motion is that the facility she operates is not a kennel as defined by the Frederick County Zoning Ordinance. Myers operates the not for profit animal rescue facility, Paws and Whiskers, a 501(c)(3) tax exempt charitable organization, (the "Shelter") on property located at 625 Town Run Lane, Stephens City, Virginia (the "Property"). The Property is zoned Rural Areas ("RA"). and cats from shelters euMir■■-!—'tAVWIdopting'them t to suitable honmr- She has received national recognition for her efforts in this area. Myers neither sells the animals, nor receives compensation for her efforts. On June 15, 2006, Myers received a notice letter of violation from the County with respect to operation of her Shelter, stating that a Conditional Use Permit ("CUP") was required, but had not been obtained. A summons was issued for Myers on July 26, 2006 alleging a violation of Section 165-51(K) of the Frederick County Zoning Ordinance. (A copy of the 0 summons is attached hereto as "Exhibit 1" ). The charges against Myers state that she did "unlawfully violate Frederick County Zoning Ordinance to wit: Operation of Kennel without Conditional Use Permit." However, Section 165-156 of the Zoning Ordinance defines a Kennel as "a place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation." (Emphasis added.) (A copy of Section 165-51(K) the Frederick County Zoning Ordinance is attached hereto as "Exhibit 2 and a copy of the relevant portion of Section 165-156 of the Frederick County Zoning Ordinance is attached hereto as "Exhibit 3"). As stated above, Myers does not sell animals or receive compensation. In addition, there is no provision in the Frederick County Zoning Ordinance that places a limit on the amount of cats and dogs that can be located on property zoned RA. Therefore, not only does Myers not meet the definition of a kennel, but her activities are consistent with RA zoning uses. In summary, for the above stated reasons, Myers' activities on the Property do not meet the definition of a kennel as defined in the Frederick County Zoning Ordinance, she has not violated the Frederick County Zoning Ordinance, and therefore, the charges against her should be dismissed. WHEREFORE, Defendant Joyce E. Myers respectfully requests this Honorable Court dismiss the summons issued against her based on the grounds stated above and provide such other and further relief as may be deemed appropriate. Respectfully submitted, Joyce E. Myers By Counsel Tho as I%Z—oorVLaVison, Esquire Virg is Bar No. 28332 Erik W. Fox, Esquire 0 0 Virginia Bar No. 65456 LAWSON AND SILEK, P.L.C. P.O. Box 2740 Winchester, VA 22604 Phone: (540) 665-0050 Fax: (540) 722-4051 Counsel for Defendant Joyce E. Myers CERTIFICATE SEF I HEREBY CERTIFY that on the j ay of foregoing Motion to Dismiss was mailed first class, postage prepaid to: Lawrence R. Ambrogi, Esquire County Attorney 107 North Kent Street s Moore Lawson, Esquire . Fox, Esquire 2007, a copy of the § 165-82 FREDERICK COUNTY CODE § 165-82 B. [Amended 8-8-1990; 6-11-1991; 6-8-1994; 7-10-1996; 2-26-1997; 8-13-19971 B2 Business General District. The intent of this district is to provide large areas for a variety of business, office and service uses, General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be .properly controlled to promote safety and orderly development, Nuisance factors are to be avoided. (1) Allowed uses shall be as follows; Allowed Uses Veterinary offices with all activities and animals kept within the fully enclosed primary structure, excluding the following; [Amended 8-24-2004] Veterinary services livestock Animal speciality services, except veterinary, with all activities and animals kept within the fully enclosed primary structure [Added 1-10-2001 ] Communication facilities and offices, including telephone, telegraph, radio, television and other communications, excluding the following;' [Amended 8-24-2004] Communications services, not elsewhere classified Standard Industrial Classification (SIC) 074 0741 0752 ' Editor's Note: The entry for electric, gas and other utility facilities and offices, SIC No. 49, excluding sanitary services, SIC No. 495, which immediately followed, was repealed 8-24-2004. 16614 04 - 30 - 2006 ::t FREDERICK COUNTY CODE Allowed Uses Motion picture theaters, except drive-in Videotape rental Amusement and recreation services operated indoors Golf driving ranges and miniature golf courses Health services Legal services Child day-care facilities Membership organizations Engmanagement t and related services, excluding managemen the following: [Amended 8-24-20041 Testing laboratories General business offices Model home sales offices Self-service storage facilities .+Public buildings Public utility distribution facilities Business signs Directional signs Building entrance signs Residential uses which are accessory to allowed business uses Parks Churches § 165-82 Standard Industrial Classification (SIC) 7832 784 79 § 165-82 FREDERICK COUNTY CODE Conditional Uses (a) Such uses shall be located at least 2,500 feet from the property line of existing adult retail uses, schools, churches, parks, day-care facilities and residential uses and districts. (b) Such uses shall not be permitted in shopping centers and/or multi -tenant buildings. (c) All merchandise display areas shall be limited to enclosed structures and shall not be visible from the outside. (d) Business signs shall not exceed a maximum of 25 square feet. No wall - mounted signs or window displays shall be permitted. (e) Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m. § 165-82 Standan Industrie Classificati (SIC) C. B3 Industrial Transition District. The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. 16620 04 - 25 - 2005 _ F= n,• § 165-82 ZONING § 165-82 Standard Industrial Allowed Uses Classification Veterinary services with all activities and (SIC) animals kept within the fully enclosed 074 primary structure [Amended 1-10-2001] 'Animal speciality services, except veterinary, with all activities and animals 752 kept within the fully enclosed primary structure [Added 1-10-2001] Landscape and horticultural services Offices and storage facilities for 078 building construction contractors, 15, 16 and heavy construction contractors and 17 special trade contractors Commercial printing Local and suburban transit and 275 interurban highway passenger transportation 41 Motor freight transportation and warehousing Transportation by air 42 Transportation services 45 Communication facilities and offices, 47 including telephone, telegraph, radio, television and other communications 48 Electric, gas and other utility facilities and offices and trucking and 49 warehousing, excluding the following: Sanitary services Advertising specialties - wholesale 495 [Added 8-24-2004] 5199 Building materials, hardware, garden supply, mobile home dealers and retail 52 nurseries 16621 04 - 25 - 2005 § 165-82 ZONING § 165-82 Standard Industrial Classification Allowed Uses (SIC) Scale repair service [Added 8-24-2004] 7699 Surgical instrument repair [Added 8-24-2004] 7699 Drive-in motion picture theaters 75 Amusement and recreation services 79 operated indoors Self-service storage facilities _ Vocational schools 824 Business associations 861 Professional membership organizations 862 Labor unions and similar labor organizations 863 Engineering, accounting, research, 87 management and related services Testing laboratories [Added 8-24-2004] 8734 General business offices _ Model home sales office _ Accessory retailing _ Public buildings _ Public utility distribution facilities _ Business signs _ Directional signs _ Building entrance signs _ Residential uses which are accessory - to allowed business uses Parks _ 16623 12 - 15 - 2004 AGRICULTURE, FORESTRY, AND FISHING dustry Troup ' Industry 5e No. ANIMAL SERVICES, EXCEPT VETERINARY )76 0751 Livestock Services, Except Veterinary 33 Establishments primarily engaged in performing services, except veterinary, for cattle, hogs, sheep, goats, and poultry. Dairy herd improvement associa- tions are also included in this industry. Establishments primarily engaged in the fattening of cattle are classified in Industry 0211. Establishments engaged in incidental feeding of livestock as a part of holding them in stockyards for periods of less than 30 days (generally in the course of transportation) are classified in Transportation and Public Utilities, Industry 4789. Establish- ments primarily engaged in performing services, except veterinary, for ani- mals, except cattle, hogs, sheep, goats, and poultry are classified in Industry 0752. Artificial insemination services: live- Pedigree record services for cattle, stock hogs, sheep, goats, and poultry Breeding of livestock Sheep dipping and shearing Cattle spraying Showing of cattle, hogs, sheep, goats, Cleaning poultry coops and poultry Dairy herd improvement associations Slaughtering, custom; for individuals Livestock breeding services Vaccinating livestock, except by veteri- Miik testing for butterfat narians 0752 Animal Specialty Services, Except Veterinary Establishments primarily engaged in performing services, except veterinary, for pets, equines, and other animal specialties. Establishments primarily en- gaged in performing services other than veterinary for cattle, hogs, sheep, goats, and poultry are classified in Industry 0751. Establishments primarily engaged in training racehorses are classified in Services, Industry 7948. Animal shelters Pedigree record services for pets and Artificial insemination services: animal other animal specialties specialties Showing of pets and other animal spe- Boarding horses cialties Boarding kennels Training horses, except racing Breeding of animals, other than cattle, Training of pets and other animal spe- hogs, sheep, goats, and poultry cialties Dog grooming Vaccinating pets and other animal spe- ' Dog pounds cialties, except by veterinarians Honey straining on the farm FARM LABOR AND MANAGEMENT SERVICES' 0761 Farm Labor Contractors and Crew Leaders Establishments primarily engaged in supplying labor for agricultural pro- duction or harvesting. Establishments primarily engaged in machine harvest- ing are classified in Industry 0722. Crew leaders, farm labor: contract 0762 Farm Management Services Farm labor contractors Establishments primarily engaged in providing farm management services, including management or complete maintenance of citrus groves, orchards, and vineyards. Such activities may include cultivating, harvesting, or other specialized activities, but establishments primarily engaged in performing such services without farm management services are classified in the appro- priate specific industry within Industry Group 072. Citrus grove management and mainte- nance, with or without crop services Farm management services Orchard management and mainte- nance, with or without crop services Vineyard management and mainte- nance, with or without crop services f ♦, NIP left-- ' `�fti1 1 ••.r :411W r env �y i : � h _ e. 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'j kit "Wwo' '2'. 04. 2006 qr.A IMP Ww ol MA AMC .1 p LA At • .rr _ � ...Pr�\�.a"�is`�r�.w ���i 'u :`�1��.`�..,,.. �.^ .� .. .i.-���iw.�i.��.w�Ia.�Y�iw�r`�Y�i►.Y,'.i. _...lit \ \ J 141 l l I • I � .,. -- - 1Gp1 Ids ' �•,R A nt 1 Big �—�• � 4,540 eeeseos,4 !' lY i• • l 4v 117y 09..04..-2006" a l Y �. i 1��F1.- �: • t May 24, 2007 Thomas M. Lawson, Esquire PO Box 2740 Winchester, VA 22604 RE: Appeal #04-07, Joyce E. Myers Dear Mr. Lawson: Department of planning and Development 540/665-5651 FAX: 540/ 665-6395 This letter is to confirm that the above -referenced appeal application was approved by the Board of Zoning Appeals at their meeting on May 15, 2007. Your application appealed the decision of the Zoning Administrator as to animal shelters as a permitted use in the RA (Rural Areas) Zoning District. The subject property is located at 625 Town Run Lane, Property Identification Number 85-A- 137, in the Opequon Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, arWChera�n Zoning and Subdivision Administrator MRC/bad cc: Joyce E. Myers, 625 Town Run Lane, Stephens City, VA 22655 Jane Anderson, Real Estate John Trenary, Inspections Bill Ewing, Opequon Magisterial District Supervisor Roger Thomas and Rick Ours, Opequon Magisterial District Commissioners Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 00 00 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA Appeal Application # 04-0 Submittal Date a � Fee Paid yes initials: 1 2. c3 -OFFICE USE ONLY - MAR 2 8 2007 Submittal Deadline `70 a 4 7 For the meeting of _ MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT The applicant is the owner X other APPLICANT: NAME: Dr. Joyce E. Myers ADDRESS: 625 Town Run Lane Stephens City, VA 22655 TELEPHONE: (540) 869-5424 . (Check one) OCCUPANT: (if different) I -air .11181 TELEPHONE: The property is located at (give exact directions and include State Route numbers): From Route 277, turn South onto Town Run Lane. House on Corner of Town Run Lane and Peace and Plenty Lane. 4. Magisterial District: Opequon 5. 14-Digit Property Identification No.: 85-A-137 •0 0 7 E'11 The existing zoning of the property is: The existing use of the property is: _ Adjoining Property: 17I, USE ZONING North Residential RP East RA RA South Wooded RA West Agricultural RA 9. Describe the decision being appealed. (Attach a copy of the written decision.) Notice of Violation Attached as Exhibit 1 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) The Applicant disagrees with the definition of animal shelter as there does not currently appear to be a definition of animal shelter contained in the Zoning_ Ordinance. Further the determination that the presence of dogs and structures used to contain animals does not rise to the definition cited in the Count y's letter. The stated requirement to remove structures for dogs is not a requirement under the ordinance. Also the interpretation reached by the Zoning Administrator of Section 165-50 is in error. 11. Additional comments, if any: •• 00 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 complete 14-di2it property identification number.) NAME Arcadia Development Address: 501 Town Run Lane Property ID# 8 5 -A-13 8 Wm. L. Ramey Address: 834 Peace & Plenty Lane Property ID# 85-A-137E Jerry L. See Address: 307 Buckingham Drive Property ID# 85-A-134 Wm. L. Ramey Address: 824 Peace & Plenty Lane Property ID# 85-A-60 Address: Property ID # Address: Property ID # Address: Property ID # Address: Property ID # Address: Property ID # Address: Property ID # Address: .Property ID # 0 • 0 • AGREEMENT APPEAL # '0 T— d � 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 a o, to the best of my knowledge, true. SIGNATURE OF APPLICANT DATE 9 - - a SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: % ACTION: T7 -DATE- APPEAL OVERRULED IjAPPEAL SUSTAINED SIGNE4 ql& _'e' CHAIRMAN DATE: /J f 7 0• . so COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 HAND -DELIVERED February 27, 2007 Joyce E. Myers 625 Town Run Lane Stephens City, VA 22655 RE: 625 Town Run Lane; Zoning District: RA (Rural Areas) Property Identification Number (PIN): 85-A-137 Dear Ms. Myers: On February 27, 2007, I visited the above -referenced property in response to a complaint regarding an illegal animal shelter. My inspection of the site revealed the presence of several dogs and multiple structures used for containment of animals. An animal shelter is defined as an establishment, especially one supported by charitable contributions, that provide a temporary home for dogs, cats, and other animals that are offered for adoption. In accordance with Section 165-50 of the Frederick County Zoning Ordinance, animal shelters are not a permitted use in the RA (Rural Areas) Zoning District. Specifically, resolution of this violation may be accomplished `by removing the animal shelter. Failure to comply with the Zoning Ordinance will result in a criminal complaint being filed against you. This office will allow 30 days from the retrieval date 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 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, the date of EXHIBIT 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Joyce E. Myers Re: 625 Town Run Lane February 27, 2007 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. Sincerely, Kevin T. Henry � Planning Technician KTH/dlw W Iri s DEPT. OF GEOGRAPFf3C WORMATION Sy FRiEDERICK COUNTY, VIRGPUA� rn 77�P I REQUESTING AGENT; Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: GIS, MAPPPTG, GRAPHICS WORKREQUIEST DATE RECENED: Z3 TESTED COMPLETION DATE: ESTflviATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write addi. 07 ^PPeon lL b t- DIGITAL: PAPER.: FAX: SIZES: COLOR: BLACK/Wl=: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.#. Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 ERIK W. FOX • EFOXCa.LSPLC.COM March 28, 2007 Mark Cheran, Zoning Administrator County of Frederick Department of Planning and Development 7 North Kent Street Winchester, VA 22601 Re: Joyce E. Myers, Our File No. 897.001 Zoning Violation VIA HAND DELIVERY Dear Mark: MAR 2 8 2007 Enclosed please find the original Application for Appeal of the Zoning violation of Dr. Joyce E. Myers of Stephens City, Virginia, along with our firm check in the amount of $300.00. Thank you for your continued assistance and cooperation. Very truly yours, Erik W. Fox EWF:sih cc: Dr. Joyce E. Myers FRONT ROYAL ADDRESS: POST OFFICE Box 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SILEK)@LYNXCONNECT.COM FAIRFAX ADDRESS: 10905 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030, TELEPHONE: (703) 352-2615, FACSIMILE: (703) 3524190, E-MAIL: THOMASO.LAWSON(aVERIZON.NET FA COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 1, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPEAL APPLICATION #04-07 OF JOYCE E. MYERS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, May 15, 2007, 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 904-07 of Joyce E. Myers, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pursuant to Article V - RA Rural Areas District, Section 165-50 - Permitted Uses, pertaining to animal shelters. The subject property is located at 625 Town Run Lane, and is identified with Property Identification Number 85-A-137 in the Opequon 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, 4� %Iark R. eran Zoning and Subdivision Administrator MRC/bad 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: Joyce Myers 625 Town Run Lane Stephens City, VA 22655 Arcadia Development 501 Town Run Lane Stephens City, VA 22655 William Ramey 834 Peace & Plenty Lane Stephens City, VA 22655 Jerry See 307 Buckingham Drive Stephens City, VA 22655 Mark K. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, hereby certify th Mark R. Cheran, Zoning & Subdivision Administrator for the Depart-M. t of Planning and Development, whose name is signed to the foregoing, dated o `7 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this _� day of My commission expires onU�4 �� #-- 0q-O? eJeYee, F G7-A -1� ql BARBARA-DATA PROCESSING OM:BEV - Planning Dept. Please print -c2 _ sets of labels by 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 complete 14-digit property identification number.) NAME Arcadia Development Address: 501 Town Run Lane Property ID# 85-A-138 Wm. L. Ramey Address: 834 Peace & Plenty Lane Property ID# 85-A-137E Jerry L. See Address: 307 Buckingham Drive Property ID# 85-A-134 Wm. L. Ramey Address: 824 Peace & Plenty Lane Property ID# 85-A-60 Address: Property ID # Address: Property ID # Address: Property ID # Address: Property ID # Address: Property ID # Address: Property ID # Address: Property ID # I j impressione "et A sechage rapide ® www.averycom AVEi2Y� 5161� gantibourra Utlllsea le abarlt 5161 1-600-GOpAVE I& 85 - A- - 137- 85 - A- - 137- MYERS, JOYCE E MYERS, JOYCE E 625 TOWN RUN LN 625 TOWN RUN LN STEPHENS CITY, VA 22655.5345 i STEPHENS CITY, VA 22655.5345 j 85 - A- -138- 85 - A- -138- ''� ARCADIA DEVELOPMENT CO it ARCADIA DEVELOPMENT CO PO BOX 5368 PO BOX 5368 SAN JOSE, CA 95150 SAN JOSE, CA 95150 85 - A- - 137-E I 85 - A- - 137-E� RAMEY, WILLIAM L RAMEY, WILLIAM L 824 PEACE AND PLENTY LN 824 PEACE AND PLENTY LN STEPHENS CITY, VA 22655.5839 I STEPHENS CITY, VA 22655-5839 85 - A- -134- ( 85 - A- -134- SEE, JERRY L & BELINDA G SEE, JERRY L & BELINDA G 307 BUCKINGHAM DR 307 BUCKINGHAM DR STEPHENS CITY, VA 22655.2736 I I I STEPHENS CITY, VA 22655.2736 i I I I iI I I I i I II I � I i I I i I J; I , I I I I; A113AV-O9-006-1, ® ®LSLS 3XV,dIA131 ®AJaAV asn ®L9LS OAUHAV W03-AJaAe°MMM IIIIIIIIINIIIII 6ul�uI d aaJj a6pnwS pue user !T0:13ARBARA-DATA PROCESSING FRom:BEV - Planning Dept Please print Sets of labels by � � HANKSI 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 complete 14-digit Property identification number.) NAME Arcadia Development Address: 501 Town Run Lane Pro erty ID# 85-A-138 Wm. L. Ramey Address: 834 Peace & Plenty Lane Property ID# 85-A-137E Jerry L. See Address: 307 Buckingham Drive Property ID# 85-A-134 Wm. L. Ramey Address: 824 Peace & Plenty Lane Property ID# 85-A-60 Address: Property ID # Address: Property ID # Address: Property ID # Address: Property ID # Address: Property ID # Address: Pro e ID # Address: Property ID # COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 1, 2007 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPEAL APPLICATION #04-07 OF JOYCE E. MYERS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, May 15, 2007, 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 904-07 of Joyce E. Myers, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pursuant to Article V - RA Rural Areas District, Section 165-50 - Permitted Uses, pertaining to animal shelters. The subject property is located at 625 Town Run Lane, and is identified with Property Identification Number 85-A-137 in the Opequon 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, 1C�I �C ark R. eran Zoning and Subdivision Administrator MRC/bad 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Arcadia Development 501 Town Run Lane Stephens City, VA 22655 vy,o'1 ■y ` ��� LLB 1 � �� 1L'J T\S.�VL Mailed From 22601 US POSTAGE NIXIE 2U1 1 09 03/04/07 RETURN TO SENDER NO MAIL RECEPTACLE UNABLE TO FORWARD BC: 22601SO3907 *0017-02830-01-42 1)I111)11111111111)111)11111JI 1111 11II1111111111111111111111