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HomeMy WebLinkAbout07-90 Robert Peacock - Opequon - BackfileCOUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 CERTIFIED MAIL September.7, 1990 Robert Peacock . Route 2, Box 282-B Stephens City, VA 22655 Re: Parking area for your truck trailers. Dear Mr. Peacock: This is to follow up on, our phone conversation from Wednesday concerning the parking area for your truck trailers. We had agreed that you would call me upon your return on September loth to follow up on that conversation, but I've since determined that there is not much room for working around the directions given previously and want to advise you of that. As I wrote in my letter of July 26, 1990, the BZA's conditions for allowing you to keep trucks and trailers on your property were carefully stated and there is little latitude in enforcing them. The problems you mentioned with the location of your well at the end of your driveway and the concerns about encroaching on the rear property line by parking behind the driveway have not been provided for in the BZA decision. As I mentioned during our conversation, there are no rear or side setbacks required on vehicle parking, so there should not be any problem with property line encroachment. Of course, it will be necessary to. ensure that the view of the trailers from surrounding properties is minimized. Also, having heard nothing from you since my letter of July 26th about possible problems with compliance, there is little latitude in the time available for meeting the requirements of the BZA decision. Barring any further appeals to the BZA, I'm afraid that I don't have authority to work something out to keep the trailers in the current garden area (not behind the house) as we discussed, nor to provide a time allowance for your pumpkin harvest. Immediate compliance will be necessary. In light of behind the provided. conditions the fact that you don't have the required parking space house right now, a little more preparation time can be You will need to be in compliance with the BZA's by September 17, 1990. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 `\ -11 Robert Peacock Sept. 7, 1990 page 2 You can still call to discuss this, but I.don't hold much hope for any alternatives at .this point. Feel free to call Zoning Administrator Wayne Miller or myself if you have any questions. about this. Sincerely, Ronald A. Lille Y Planner I/Zoning spector bc: Mr. Dudley Rinker BZA Members COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 July 261' 1990 Robert and Esther Peacock Route 2; Box 282-B Stephens City, VA 22655 Re: Your Appeal (#007-90) of the decision regardina the operation of a mini -terminal on your property (tax map 84 parcel 42A) Dear Mr. and Mrs. Peacock: This is to confirm the action taken by the Board of Zoning Appeals (BZA) on your appeal application (#007-90) of the Zoning Administrator's decision regarding the operation of a mini - terminal in the RA (Rural Areas) zoning district at their regular meeting on July 17, 1990. Your appeal was sustained on the condition that no more than two tractors and two trailers be parked on the property -and that they be parked behind your house. After visiting your property last Friday, July 20th, I'm aware that your understanding of the placement conditions is different and that you expected to be allowed to keep the trailers in the area off the drive behind the first apple trees, which is in front of the house. I have carefully reviewed the tape of the July 17 BZA meeting to determine what conditions were stated and have verified the intent of the motion to conditionally sustain your appeal by talking with -the BZA Chairman and the BZA member who made the motion. The conclusion from that is that the wording "behind the house" is what was voted on and is what was intended as a condition. The understanding of "behind the house" is that the trailers be parked at a distance off of Route 625 that is greater than the distance from the rear of the house to Route 625. Obviously, the spirit of the condition is that the view of the trailers from surrounding properties be minimized. I understand it will take some time to prepare a parking area behind the house. You will be allowed to park the trailers in the area off the drive behind the first apple trees until September 1, 1990 and then they must be parked behind the house. I understand you have requested a copy of the minutes from the July 17 BZA meeting. Those minutes are not official until they are accepted by the BZA, which should be done at their next regular 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 Robert and Esther Peacock July 26, 1990 page 2 meeting on August 21, 1990. I enclose a copy of the portion of the minutes that pertains to your case that will be submitted to the BZA for approval. I trust all of this makes the conditions on your truck parking clear. Feel free to call Zoning Administrator Wayne Miller or myself if you have any questions about this. Sincerely, �� ,� Ronald A. Lille - Planner I/Zon'/ Inspector enclosure bc: Mr. Dudley Rinker, Opequon Supervisors '2ADATE: TIME: 3' NAME: ADDRESS: TAX MAP: ZONING: SUBJECT VIOLATION NO: PHOTOGRAPHER: 0 WE UNDERl,:';lGNF.:*D DO HERE:.BY SI..JF'PORl" THE REC"AJE'S"I" OF* RC)BF._"R­I** W. AND ES"I'*HER L. WHO O.EERATE.(.`.i 1­101"IE TO PARI-:'. TRACTOR TRA:ILERS ON 1-HEIR PROPERTY AND THA"I" WE DO kl0l' VOJ'C.E ANY OBjIEC"I­1OtA TO 'rJAE'IR DOING SC). ol U 23 t) D 1'.) R E,13 S S�oz, 116�­­t:&4:!�� . .......... . ..... e • .2 ............ . ...... . . . . . a....... • ..... ...... . ....... . ... . ..... ... . ...... ...... ... . ... . ..................... ........ . ......... ... ... ... . ......... ...... .... . ........ ... . .... U5 • 11 1 1 - I )t-)V 2S / ') ///Iri A IL71' 11 1 IV " '-) ') XZ4-C 0 I 0 0 WE THE UNDERSIGNED DO HEREBY SUPPORT THE REQUEST OF ROBERT W. AND EST HER L. PEACOCK, WHO OPERATE A HOME OCCUPATION, TO PARK TRACTOR TRAILERS 01%4 THEIR PROPERTY AND THAT WE DO NOT VOICE ANY OBJECTION TO THEIR DOING SO. 0 • NAME ADDRESS .. . ........ . .......... . . ......... . ......... ... . ...... ... . . . ..... .... . ................ 101 4 . ww �� COUNTY of FREDERICE 1� Departments of Planning and Building 703/665-5650 October 14, 1988 Robert and Esther Peacock - P.O. Box 152 Lovettsville, Virginia 22080 Dear Mr. and Mrs. Peacock: It is acceptable for you to park your tractor trailer truck at your house in the A-2 (Agricultural General) District'as long as you meet the requirements for a .home occupation. If you have any questions, please give me a call at 665-5650. Sincerely, A..'Bray /Cockerill Planner I ABC/dkg 9 Court Square P.O. Box 601 Winchester, Virginia 22601 s�'::,�'`�,�- ADMINISTRATIVE APPEAL ROBERT W. & ESTHER L. PEACOCK LOCATION: Route 631 to Route 625, south on 625 approximately 2 miles MAGISTERIAL DISTRICT: Opequon TAX MAP & PARCEL NUMBER: Tax map 84, Parcel 42A ZONING & USE: RA (Rural Areas), Residential Use ADJOINING LAND USE & ZONING: Residential and agricultural use all in the RA (Rural Areas) zoning district. PROPOSED USE: Residential and "mini" truck terminal. BACKGROUND INFORMATION: Acting on a complaint received on March 8, 1990, I visited the property of the Peacock's on March 22, 1990. It was reported that they had four (4) trailers stored there on March 8, 1990 and I observed and photographed two (2) trailers parked there on March 22, 1990. On March 13, 1990 Mr. & Mrs. Peacock visited my office accompanied by their attorney, Mr. -Robert Mitchell. At that meeting Mr. Peacock confirmed that he was a tractor -trailer operator and in fact did store several trailers on his property for extended periods of time (two weeks or more). At that time I told them that I would not rule on the situation until I was able to visit the property and make my own observation. Following my visit on March 22, 1990 I ruled that the Peacockils, were operating a mini -terminal on their RA (Rural Areas) zoned property and this is not a permitted use in this zoning district. This decision was further supported by the fact that their business and primary livelihood is the trucking business and this is not permitted in the RA zone. STAFF COMMENTS: Chapter 21, Frederick County Code Zoning Ordinance, Article IV, Rural Areas District, does not list truck terminals or any associated use as a permitted use in the RA zone. Truck terminals and associated uses are not listed as a permitted use with a conditional use permit in the RA zone. Motor Freight Transportation and Warehousing and/or Trucking and Warehousing are permitted in the B-3,(Industrial Transition District), M-1,(Light Industrial District) and the M-2,(Industrial General District). Extended storage or parking of tractor -trailers or trailers associated with a trucking or motor freight business should not be permitted in the RA zone. The appeal of the Zoning Administrato1js decision concerning the violation of the Peacocks should not be favorably considered since it is in direct violation of the Zoning Ordinance. This is further supported by the fact that the Ordinance does make provisions to accommodate the trucking business and associated activities. If the Peacocks decide that they want to continue using their property as a truck terminal, they should request a rezoning of their property. 0 0 0 M P 032 941 220 RECEIPT FQR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Mr. & Mrs. Robert Peacock �POu' Ve''g, sox 282E P O . State and ZIP Code Stephens City, Va. 22655 Postage 5 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date. and Address of Delivery TOTAL Postage and Fees 5 Postmark or Date 4/24/90 STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leavi the receipt attached and present the article at a post office service window or hand it to your rural carriqW (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space per- mits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorsg RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. q return receipt is requested, check the applicable blocks in item 1 of Form 3811. Save this receipt and present it if you make inquiry. ' U.S.G.P.O. 1987.197-722 •SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will rovide 11 the name of the erson delivered to and the date of deliver . Fora Tona tees the following services are avai a e. onsu t postmaster Tor fees and Check box(es) for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Mr. & Mrs. Robert Peacock Route 2, Box 282B. Stephens City, Va. 22655 X T ❑ Registered ❑ Insured Certified ❑ COD ❑ Express Mail ❑ Ro r t urrnnr Always obtain signature of addressee or agent and DATE DELIVERED. requested and fee paid) PS Form 3811, Mar. 1988 * U.S.G.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS Print your name, address and ZIP Code ..� in the space below. • Complete items t, 2, 3, and 4 on the ` reverse. • Attach to front of article if space permits, otherwise affix to back of _ article. • Endorse article "Return Receipt Requested" adjacent to number. RETURN TO Print AW v PENALTY FOR PRIVATE USE, $300 and ZIP Code In the space below. Frederick Co. Planning Dept. -WWIM- P.O. Box 601 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 103/667-0370 CERTIFIED MAIL April 24, 1990 Mr. & Mrs. Robert Peacock Route 2, Box 282B Stephens City, Virginia 22655 Dear Mr. & Mrs.. Peacock: This is to advise you that I have received a notice of appeal, through your attorney, appealing the decision I made concerning the parking of tractor trailers on your Rural Areas (RA) zoned. property. This appeal will be placed on the agenda of the Board of Zoning Appeals (BZA) and appropriately presented to them on June 19, 1990 at their regular meeting. My letter of March 23, 1990 orders you to cease this violation not later than April 15, 1990. This order is stayed pending a decision by the BZA. Should you have any questions please get in touch with me. 9 Court Square - P.O. Box 601 = Winchester, Virginia - 22601 V` 0 RTM/csf 4/23/90 NOTICE OF APPEAL TO: Board of Zoning Appeals Frederick County, Virginia Winchester, Virginia 22601 TO: Zoning Administrator Frederick County, Virginia Winchester, Virginia 22601 Robert W. Peacock and Esther L. Peacock, owners of property located at Route 2, Box 282B, Frederick County, Virginia, do hereby appeal to the Board of Zoning Appeals the administrative decision made by the Zoning Administrator as set forth in the letter from the Zoning Administrator dated March 23, 1990, a copy of which is attached to this Notice of Appeal as Attachment A. The grounds of this appeal is that the use of the property is not in violation of the Frederick County Zoning Ordinance, and the owners had obtained a ruling from Frederick County prior to their purchase of the property that the proposed use of the property would not be in violation of the Frederick County Zoning Ordinance. Dated this � day of April, 1990. ROBERT W. PEACOCK and ES L. PEACOCK, Owners By Znse Robert T. Mitchell, Jr., Esq. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL 9 East Boscawen Street P. 0. Box 848 Winchester, Virginia 22601 Counsel for Owners ! 0 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-565I FAX 703/667-0370 CERTIFIED MAIL March 23, 1990 Mr. & Mrs. Robert Peacock Route 2, Box 282B Stephens City, Virginia 22655 Dear Mr. & Mrs. Peacock: I visited your property on March 22, 1990 to investigate a complaint concerning the storage of the trailer portions of the tractor -trailers on your property. I observed two trailers parked in the area along the driveway leading up to your home. Your property is zoned Rural Areas (RA) and I have evaluated your situation based on the requirements of this zoning district. I have made the decision that the storage of trailers on your property constitutes a mini -terminal and this is not permitted in the RA zone. This decision is further supported by the fact that your business and primary livelihood is the trucking business and this is not a permitted use in the RA zone. My interpretation is that it would be permissible to park a tractor -trailer on your property for short periods of time such as a day or two but the extended storage now being done is not a permitted use. Based on this decision, I request that you remove the trailers from your property as soon as possible but not later that April 15, 1990. If you have any problems with this please get in touch with Sincerely, W. Wayne Miller Zoning Administrator WWM/slk ATTACHMENT A 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 CA U •J 9 0 T U •J 9 0 T N D N 0 w Cb O O 0 �C, vI is 0 RTM/csf 4/23/90 NOTICE OF APPEAL TO: Board of Zoning Appeals Frederick County, Virginia Winchester, Virginia 22601 TO: Zoning Administrator Frederick County, Virginia Winchester, Virginia 22601 Robert W. Peacock and Esther L. Peacock, owners of property located at Route 2, Box 282B, Frederick County, Virginia, do hereby appeal to the Board of Zoning Appeals the administrative decision made by the Zoning Administrator as set forth in the letter from the Zoning Administrator dated March 23, 1990, a copy of which is attached to this Notice of Appeal as Attachment A. The grounds of this appeal is that the use of the property is not in violation of the Frederick County Zoning Ordinance, and the owners had obtained a ruling from Frederick County prior to their purchase of the property that the proposed use of the property would not be in violation of the Frederick County Zoning Ordinance. Dated this R-3 day of April, 1990. ROBERT W. PEACOCK and ESTHER L. PEACOCK, Owners B Co n el Robert T. Mitchell, Jr., Esq. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL 9 East Boscawen Street P. 0. Box 848 Winchester, Virginia 22601 Counsel for Owners COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 CERTIFIED MAIL March 23, 1990 Mr. & Mrs. Robert Peacock Route 2, Box 282B Stephens City, Virginia 22655 Dear Mr. & Mrs. Peacock: I visited your property on March 22, 1990 to investigate a complaint concerning the storage of the trailer portions of the tractor -trailers on your property. I observed two trailers parked in the area along the driveway leading up to your home. Your property is zoned Rural Areas (RA) and I have evaluated your situation based on the requirements of this zoning district. I have made the decision that the storage of trailers on your property constitutes a mini -terminal and this is not permitted in the RA zone. This decision is further supported by the fact that your business and primary livelihood is the trucking business and this is not a permitted use in the RA zone. My interpretation is that it would be permissible to park a tractor -trailer on your property for short periods of time such as a day or two but the extended storage now being done is not a permitted use. Based on this decision, I request that you remove the trailers from your property as soon as possible but not later that April 15, 199Q. If you have any problems with this please get in touch with Sincerely, W. Wayne Miller Zoning Administrator WWM/slk ATTACHMENT A 9 Court Square - P.O. Box 601 - Winchester, Virginia 22601 BZA 4007-90 Robert Peacock Opeauon District r-C V 0 to O O �O I