HomeMy WebLinkAbout10-86 Charles & Faye Grady (No Longer Operating) - Opequon Dist - Backfileu f CO
COUNTY of FREDERICK
Departments of Planning and Building
703/6-5-5650
November 4, 1986
Charles and Faye Grady
Route 1, Box 905
Middletown, Virginia 22645
Dear Mr. and Mrs. Grady:
This letter is to confirm the Frederick County Board of Supervisors' action at
their meeting of October 22, 1986:
Approval of Conditional Use Permit #010-86 of Charles and Faye Grady for a kennel
on Route 625, in the Opequon Magisterial District, with the following conditions:
1. This will be a 120-day permit to be reviewed and renewed quarterly by the
staff, Planning Commission, and the Board of Supervisors.
2. If the use, occupancy, or ownership of the property changes, this conditional
use permit shall expire and a new conditional use permit will be required.
3. A wooden stockade fence or other solid fence providing a solid screen must be
provided around the entire kennel and run area within 120 days.
4. All dogs must be secured inside an enclosed building between the hours of 8:00
p.m. and 7:00 a.m.
5.. Should noise continue, this conditional use permit may be reviewed for
additional noise abatement conditions.
If you have any questions regarding your conditional use permit, please do not
hesitate to call this office. .
Sincerely,
Robert W. Watkins
Director
RWW/rsa
Q Cn„rt Cn„nre - P.O. Box 601 = Winchester. Virginia
- 22601
0
6
CONDITIONAL USE PERMIT # 010-86
Charles and Faye Grady
Kennel
LOCATION: Route 11 South, right at Route 627 in Middletown, go one mile to Route
625, right on Route 625, third house on the left.
MAGISTERIAL DISTRICT: Opequon
ADJACENT LAND USE AND ZONING: Residential and agricultural land use and A-2
(Agricultural General) Zoning.
PROPOSED USE AND IMPROVEMENTS: Kennel
REVIEW EVALUATIONS:
VA Dept. of Highways & Transportation - A commercial entrance permit must be
applied for and approved prior to starting a business.
Health Department - No comment
Middletown Fire Company - No comment
Inspections Department - Any new construction to be done in accordance with
the Virginia Uniform Statewide Building Code and applicable referenced
standards for the intended use.
Planning and Zoning - No objection; stockade fence should be placed around
the entire kennel and run area.
STAFF RECOMMENDATIONS: Approval, with the following conditions:
1. This will be a one year permit to be reviewed and renewed annually by the
staff, Planning Commission, and the Board of Supervisors.
2. If the use, occupancy, or ownership of the property changes, this conditional
use permit shall expire and a new conditional use permit will be required.
3. Fencing must -be provided around the entire kennel and run area.
LJ
Page 2
Grady CUP
PLANNING COMMISSION RECOMMENDATIONS: Motion failed, due to the following tie
vote:
YES (TO APPROVE WITH CONDITIONS): Mrs. Copenhaver and Messrs. McDonald, Golladay,
DeHaven
NO: Messrs. Myers, Brumback, Wilson, Romine
(Mr. Stiles was not present for this vote.)
The conditions that were suggested by the Planning Commission were:
1. This will be a one-year permit to be reviewed and renewed annually by the
staff, Planning Commission, and the Board of Supervisors.
2. If the use, occupancy, or ownership of the property changes, this conditional
use permit shall expire and a new conditional use permit will be required.
3. A wooden stockade fence or other solid fence providing'a solid screen must be
provided around the entire kennel and run area.
4. All dogs must be secured inside an enclosed building between the hours of 8:00
p.m. and 8:00 a.m.
5. The total number of dogs on the property will be limited to 24.
APPLIC TION FOR CONDITIONAL USE PERMIT
IN THE
r COUNTY OF FREDERICK, VIRGINIA
Conditional Use Permit No. (J Q- Submittal Deadline is
Applicatio Date $-] j�(p For the Meeting of
Fee Paid 1 Jxnjo
1. The applicant is the owner other '� (check one)
OWNER: OCCUPANT: (if other than owner)
2. NAME: T Sfo Je.Si 2 NAME : L76AP �im5 04WfASW K,.4 .0!/
ADDRESS: ADDRESS: 3
w Oa- Z 6 $,"5-
TELEPHONE: TELEPHONE:
3. The property is located at (please chive exact directions)
.S
70-A)a S hf se. o•J
,62�'Y ,
4. The property fronts state route �f a5 and consists of
acres. (Please be exact)
5. The property is owned by J!r'�ncS�� as evidenced by
deed from (_9,4U0 BL44c�Ne, recorded in deed book no. 7
on page 7 3 �_, registry of the County of FcAftel;cr- .
6. This property is designated as parcel no. 134-134 'on tax map no.
f4 in the d/Blu.ri✓ Magisterial District.
7. The type of use proposed is
8. It is proposed that the following additions/improvements to
existing buildings will be constructed.
9. It is proposed that the following buildings will be constructed:
10. The following are all of the individuals, firms, or corporations
owning property adjacent to both sides and rear and in front of
(across street.from) the property. (Use additional pages if
necessary). These people will be notified by mail of this
application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER)
NAME
1.
Address:
MR. a rolls
.tee ;P6y F-;Sh ESL.
/2T !i /
Qo,(- S 'DOS
Z s
Property ID# :
8 o00 -
A" -tee- mme�- so /4/-0
2.
M a./ � �e Ba /'K
Address:
4 T. /
d G i D 0 �GE71 can
1/� t LG S
Property ID#:
Doo -Aso - ocoo - Dmmo -
Bo / 4
3.
? _
A0_/
Address:
I )e4 At/ ffw
f// fn;moo/� ..,,� &X
Property ID#
f4emes..
4.&.0
E t✓ ��
Address:
Property ID# :
V46so--
4w&v Oa(9o- �000-
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Page Two
Conditional Use Permi•
NAME
U
5.
Address:
Property
ID#:
6.
Address:
Property
ID#:
7.
Address:
Property
ID#:
8.
Address:
Property
ID#:
9.
Address:
Property
ID#:
10.
Address:
Property
ID#:
9. Additional comments, if any
I (we), the undersigned, do hereby respectfully agree to comply
with any conditions required by the Board of Supervisors of the
County of Virginia, and authorize the County to go upon the
property for the purpose of making site inspections.
Signature of Owner:
Signature of Applicant:
Complete'Mailing Address: 'i• 'ed1% 40S
Telephone Number: rtv 9 — to/Fj
For Office Use Only
PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date)
Approval
a
aDenial
�Tla✓1 �SP�x�
SECRETARY (signed)
..6
'J'.s o rs
BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date)
Approval Denial COUNTY ADMIN. (signed)
I
Page Three
Conditional Use Permit
Please use this page for your sketch of the property. Show proposed and/or existing
structures on the property, including measurements to all property lines.
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AUK if)"`6 `P COUNTY of FREDERICK
'11,--
DEPT. OF- PLANNING ` Departments of Planning and Building
ANDBJiLD � MEM0RANDUM
703/655-5650
Health
Department
, ATTN: Mr.
Herbert Sluder
-- ghway
Department
, ATTN �ME
William H—Bus'hman
Building Department , ATTN: Mrs. Donna Ritter
Middletown Fire Company , ATTN: Mr. Henry Shiley
ATTN:
ATTN:
FROM: Robert W. Watkins, Director DATE: August 11, 1986
SUBJECT: Review Comments On: X Conditional Use Permit Site Plan
Subdivision Rezoning
We are reviewing the enclosed request by Charles & Faye Grady ,
or their representative, Charles & Faye Grady 869-6189
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
A Commerc.zal. Entrance Permit must be applied for and approved prior
to starting of a business.
Signature �► Date s 112-1 ,
9 Cniirt Square - P.O. Box 601 - Winchester, Virginia, - 22601
COUNTY of FREDERICK
Departments of Planning and Building
M E M O R A N D U M 703/655-5`650
Health Department , ATTN: Mr. Herbert Sluder
Highway
Department
, ATTN: Mr.
William H. Bushman
Building
Department
, ATTN: (Mrs_.—Donna_Ri.t.te-r•
Middletown Fire Company , ATTN: Mr. Henry Shiley
ATTN:
ATTN:
FROM: Robert W. Watkins, Director DATE: August 11, 1986
SUBJECT: Review Comments On: X Conditional Use Permit Site Plan
Subdivision Rezoning
We are reviewing the enclosed request by Charles & Faye Grady ,
or their representative, Charles & Faye Grady 869-6189 •
Will you please review the attached and return your comments to me as soon as
possible.
Signature Date
9 Court Soijare - P.O. Box 601 - Winchester, Virginia 22601
COUNTY of FREDERICK
John R. Riley, Jr.
County Administrator
703/665-5666
M- -E -M- O R A- N D U M
TO: Board of.Supervisors
FROM: John R. Riley, Jr., County Administrator
DATE: October 22, 1986
RE: Conditional Use Permit #010-86
Charles & Fay Grady - Kennel
Based upon the attached Memorandum of Understanding, the staff
would recommend the following conditions for the above referenced
permit:
1. This will be a 120 day permit to be reviewed and
renewed quarterly by the staff, Planning Commission
and the Board of Supervisors.
2. If the use, occupancy or ownership of the property
changes, this conditional use permit shall expire
and a new conditional use permit will be required.
3. A wooden stockade fence or other solid fence
providing a solid screen must be provided around
the entire kennel and run area within 120 days.
4. All dogs must be secured inside an enclosed
building between the hours of 8:00 P.M. and 7:00
A.M.
5. Should noise continue, this conditional use permit
may be reviewed for additional noise abatement
conditions.
JRR/tjp
Attachment
1
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601_
MEMORANDUM OF UNDERSTANDING
i
�i THIS MEMORANDUM OF UNDERSTANDING, dated this
Of 1986, is made by and between CHARLES
GRADY and FAYE GRADY, his wife, parties of the first part;
day
and, DONALD CLARK and LOIS CLARK, his wife, JOSEPH L.
THOMPSON and SHARON THOMPSON, his wife, and STEVEN RIGGS and
'i
ELSIE RIGGS, his wife, parties of the second part.
WHEREAS, the parties of the first part are presently
operating a kennel on their residence at Route 1, Box 905,
Middletown, Frederick County, Virginia, and do desire that
they continue the operation of such kennel, temporarily, and
for only so long a period of time as is necessary for the
parties of the first part to sell their present residence and
relocate to a new residence; and
WHEREAS, the parties of the second part in recognition
of the desires and intent of the parties of the first part
and also in recognition of the fact that said kennel and the
dogs quartered therein have created a noise problem For said
parties of the second part, the parties hereto do join in
this Memorandum of Understanding and do agree as follows:
1. That the parties of the first part, Charles and Faye
Grady, shall keep all dogs, including the Great Dane, owned
by them or quartered at their.kennel inside said kennel and
under roof between the hours of 8:00 p.m. and 7:00 a.m.
2. That said parties of the first part shall take all
reasonable steps and actions which might be necessary so as
to minimize the noise level of the dogs which they own or are
quartered in their kennel; it being the intention of the
parties hereto that such actions and steps be taken to accom-
modate the parties of the second part and other neighbors
'i
residing in the areas adjacent to the kennel so as to abate
or relieve any nuisance or inconvenience created by the sound
or barking of the dogs at the kennel.
3. The parties of the second part agree that the
parties of the first part, Charles and Faye Grady, shall be
free to operate their kennel, contingent upon their observance
of the terms and conditions hereinbefore mentioned, for a
period of one hundred twenty (120) days or until such time as
the parties of the first part relocate to a new residence;
whichever event may first occur.
4. This agreement shall remain in full force and effect
for a period of one hundred twenty (120) days following the
date of the execution of this Memorandum by the parties
hereto; after which time, the terms and conditions hereof may
be renewed from time to time, under the same terms and con-
ditions and for the same period of time upon the written
mutual agreement of the parties hereto.
WITNESS the following signatures and seals: '
i
(SEAL)
(11ARLES GRADY
2
I
1
(SEAL)
FAYE GRADY
(SEAL)
D NALD CLARK
/- (SEAL)
LOIS CLARK
(SEAL)
JOSEPH L. THOMPSON
';) > i, (SEAL)
SHARON THOMPSON
STEVEN RIGGS
ELSIE RIGGS
3
(SEAL)
(SEAL)
— 6 —
Mr. Thomas Thompson, adjoining property owne
probably no more than 75' from the Grady's house. M,T
the noise of barking dogs is a problem. Mr. Thompson
wife have spoken with the Gradys on several occasions
nothing has been done.
Mr. Donald Clark adjoining `
g dogs all night long J is a g property; owner, stated
barking do g g problem. sir. Clark said tV4ik
contacted the Sheriff's Department and the Law Enforcement r�
one has been able to give them relief. Mr. Clark also object,, i.
odor.
There next ensued a discussion on the types of condition, .
be placed on the kennel to reduce the noise. The staff felt it
difficult to police conditions such as odor, hours of operation,y
whether the dogs were put inside at a certain time each day.
+ Mr. Golladay moved and Mr. DeHaven seconded the motion to apprr'
the\ conditional use permit with the following conditions:
1. This will be ampermit to be reviewed and renewedLb
the staff, Planning Commission, and the Board of Supervisors.'
2. If the use, occupancy, or ownership of the property changes, this
conditional use permit shall expire and a new conditional use permit
will be required.
3. A wooden stockade fence or other solid fence providing a solid screen
must be provided around the entire kennel and run areago/7jt//f.j 120
4. All dogs(must be secured inside an enclosed building between the hours
75.
of 8: 00 p.m. and a44M- a. m.
%•00
0 24.
�. �. �i'�b►� MZ5Ld2, Cd�tJ1.4e/s
his motion failed due to tho f oll ing tie vote:
."
YES: Mrs. Copenhaver and Messrs. McDonald, Golladay,,��e( av n�rJ bL
NO: Messrs. Myers, Brumback, Wilson, Romine C Tr J
(Mr. Stiles was not present for this vote. )
An TOTTVNTMt TTm
There being no further business to discuss, the meeting adjourned.
Respectfully submitted,
Frank H. Brumback, Chairman
Robert W. Watkins, Secretary
COUNTY of FREDERICK
Departments of Planning and Building
703/655-5650
September 18, 1986
TO THE APPLICANT (a) and/or ADJOINING PROPERTY OWNER (s)
The application of: Charles & Faye Grady
Conditional Use Permit For: A Kennel to be located on Route 625, in the
Opequon Magisterial District.
This conditional use permit request will be considered by the Frederick
County Planning Commission at their meeting of October 1, 1986, at 7:30
p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County
Court House, Winchester, Virginia.
Any interested parties having questions or wishing to speak, may attend this
meeting.
Sincerely,
A4tV1;V
Robert W. Watkins
Director
RWW/dll
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
0
e
� 1
n
0
This is to certify that the attached correspondence was mailed to the
following on Sept. 18, 1986 from the Department of Planning and Development,
Frederick County, Virginia:
n v
FISHEL,'LEE ROY.
RT: 1 BOX 66-A
MIDDLETOWN? VA.-
CLARRK, DONALD.A
LOI S A.
RT. I.BOX 900
MIDDLETOWN, VA.
& MILDRED I•
22645
FISHELI LEE: ROY'. & MILDRED I.
RT v 1 8OX 66=A
MIDDLETOWN, VA.
22645
't nu�e 1 'fix 9ds`
22645 'Y�lidc�le�-own
VA. Z Z. [oll-
SAGER, R. R. & . ADA. A. ---
C\0:J.L' THOMPSON III.
RT.-1,BOX 911,
MIDDLETOWN, VA.
22645
Robert W. Watkins, Director
Frederick County Department of
Planning and Development
STATE OF VIRGINIA
COUN Y OF FRED R CK
4,. a Notary Public in and for the state and county
aforesaid, do hereby certify that Robert W. Watkins, Director of the
Department of Planning and Development, whose name is signed to the
foregoing, datedV-22--4, has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this-&L—d-ay of (2t , 1986.
My commission expires on ) - J -C2
D
NOTARY/PUBLIC
0 0
COUNTY of FREDERICK
Departments of Planning and Building
703/655-5650
September 24, 1986
TO THE APPLICANT (a) and/or ADJOINING PROPERTY OWNER (s)
The application of: Charles & Faye Grady
Conditional Use Permit For: A Kennel to be located on Route 625, in the
Opequon Magisterial District.
This conditional use permit request will be considered by the Frederick
County Board of Supervisors at their meeting of October 8, 1986, at 7:30
p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County
Court House, Winchester, Virginia.
Any interested parties having questions or wishing to speak, may attend this
meeting.
Sincerely,
A'�,4—W,-7t
Robert W. Watkins
Director
RWW/dll
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
A
0
1; F
0
This is to certify that the attached correspondence was mailed to the
following on Sept. 24, 1986 from the Department of Planning and Development,
Frederick County, Virginia:
EISHEL, , LEE ROY-:
RT' 1' BOX 66-A
MIDDL£TOWN, VA.
CLARK', DONALD A.
& LOIS A.
RT 1.BOX 900
MIDDLE TOiJN, VA.
FISHEL, LEE ROY.
RT. 1,BOX .66-A
MIDDLETOWN, VA.
& MILDRED I.
MILDRED I.
22645
__j
22645 ��A
22645
SAGER, R. R. & ADA A
CEO J.L: THOMPSON III
RT. 1 BOX 911.
MIDDLETOLdN, VA.
22645
Robert W. Watkins, Director
Frederick County Department of
Planning and Development
STATE OF VIRGINIA
COUNTY OF FREDERICK
a Notary Public in and for the state and county
aforesaid, do hereby certify that Robert W. Watkins, Director of the
Department of Planning �a-�n/d� Development, whose name is signed to the
foregoing, dated. �G has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this I ay of. 1986.
My commission expires on .
NOTARY PUBLIC
ZZ
23
34000-AOO-O-OJOO-0014-0
FISAEL, LEE ROY &
MILDRED
t ROAD
24
RT. 1 30X A
28
MIDDLETOWV, A.
26'<
22645
27
34000-ADO-0000-0000-3012-A
CLARK, DONALD A.
C LOIS A.
HITE ROAD
ze
29
1
RT. 1 30X 900
30
MIODLETOWN, V.A.
31
22645
32
84000-A00-0000-0J00-0919-0
SAGER, R. R. E A`JA
A.
MIDDLETOWN
33.,r
C\O J.L. THOMPSON
RT, 1 3OX 911
III
34
33
MIDDLETOWN, VA.
22645
36
°840JD-A03-0000-J000-0014-A
FISHEL, LEE ROY C
RT. 1 33X 66-4
MILDRED
I.
HITE ROAD
371
3
MIDDLETOWN, VA.
22645
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37,400
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