Loading...
HomeMy WebLinkAbout20-00 Roy S Spaid (Dog Kennel) - Back Creek - BackfileCUP TRACKING SHEET (To be completed by Frederick Co. Staff only.) CUP # aooo — Owner/Applicant Application Date Fee Paid Sign Deposit UZI yes yes initials: !\ A Sign return date: Submittal Cut -Off Date /2 - 9'Q0 P/C Mtg. date: / - 3 - 0� BOS Mtg. date: AGENCY REVIEW COMMENTS VDOT Inspections Fire Marshal Health Dept. Airport Authority City of Winchester Co Sanitation Authority PLANNING COMMISSION RECOMMENDATIONS OF E 2601 (deft&) APPROVAL (WITH CONDITIONS) y� yes no DENIAL Sign" W ,Secre ary Date jj BOARD OF SUPERVISORS PUBLIC HEARIN ACTION Q � (date APPROVAL �GL�_ % ) III 111/// III Signeit 1 /) , un y Adm. aDENIAL Date Z —Z 5- 01 J Date: NOTES File opened VReference Manual updated/number assigned D-base updated g6W 4e-eefar location maps requested from GIS Four sets of labels requested from Data Processing �QO File given to Renee' to update Application Action Summary 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OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated 61 •,30.0/ File given to Renee' for final update to Application Action Summary U \Cuo1\Common\CUP.TRK Revised Oct. 1, 1999 P"(� �PQ/j 659-33 ?% ,�� SP(O A Lo rx /k.,c I k I PCIM �Pct d 0 � FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL November 13, 2001 Mr. Merle Spaid and Mrs. Pam Spaid 128 Spaid Lane Gore, VA 22637 RE: Investigation of Complaint - Kennel Operation CUP #20-00 PIN: 37-A-35C Dear Mr. and Mrs. Spaid: We have investigated your complaint regarding the subject kennel operation. On January 24, 2001, the Board of Supervisors approved Conditional Use Permit (CUP) #20-00 for a dog kennel. One of the conditions (#6) stipulated that, "All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining property by barking or roaming free." The complaint you set forth was that the owner's dogs at the subject kennel operation have been barking at a noise level that is causing substantial disruption to your living conditions. Via your complaint, you requested that this department investigate the possibility that Mr. Roy Spaid was violating the conditions ofthe approved Conditional Use Permit. In response to your complaint, our staff has conducted several site visits and viewed the video you submitted. Based on our research, Mr. Spaid is not in violation of the conditions placed on his permit by the Board of Supervisors, therefore, there are no grounds to pursue a CUP revocation process by the County. For your information, I have enclosed a copy of the letter sent to Mr. Roy Spaid, which provided the conditions of the CUP approved by the Board of Supervisors. I am also enclosing your video to be returned to you. If you have any questions, please feel free to call. Sincerely, Rau, 7-javl�e� Patrick T. Davenport Zoning and Subdivision Administrator PTD/rsa Eric: Copy of Letter to Mr. Roy Spaid, dated 01/26/01 Video be: Lawrence R. Ambrogi, Commonwealth Attorney John R. Riley, Jr., County Administrator Mararet Douglas, Back Creek District Supervisor UAPatrick\Common\Mist cortesp paid kennel_comp t.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 • FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 26, 2001 Mr. Roy S. Spaid 198 Spaid Lane Gore, VA 22637 RE: CUP #20-00 of Roy S. Spaid, Property Identification Number 37-A-35C Dear Mr. Spaid: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on January 24, 2001. Your Conditional Use Permit, #20-00 for a Dog Kennel, was approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. This permit is for a kennel (non -boarding) only. 3. Inspection of the facilities by the Animal Control Officer shall be required to determine if the housing for the dogs is adequate and appropriate. 4. No more than twenty (20) dogs shall be boarded within the facility at any given time. 5. All associated materials and supplies shall be stored within an enclosed structure. 6. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining property by barking or roaming free. All dogs must be kept within a fenced -in area. 7. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. 8. Any expansion of the kennel shall require approval of a new Conditional Use Permit. If you have any questions regarding this action, please feel free to call this office. Sincerely, ®rtij, 0 VIA Howard R. Long, III Planner I HRL/ch cc: Commissioner of Revenue 01..gendasWPPR DEN LTR\CUPS\Roy Spaid CUP wpd 107 North Kent Street • Winchester, Virginia 22601-5000 0 'o-dl"cl Pao 6T La C - �o �So Fs�� ►�r� I<E�A�EL 0�52,J-irol� -1-6 SE- Sr�.;E Qp, 0� 4 1N(p Spfl►�J �fl�� fore va, 0 INVISIBLE FENCE OF APPLE COUNTRY Invisible INVISIBLE FENCE OF LOUDOUN & CLARKE COUNTIES F n Weems Lane Win e ce. Winchester, Virginia 22601 (540) 678 0400 • (703) 777 7365 NAME `cirri r�iv NcsS • DATE: TIME: am V— pm XMTR: FREQ: ❑ 10 K Fd 7 K PET'S NAME (S) 'Hc�rkyLaney BREED(S) &(,0/is ADDRESS 19� CITY (')ore STATE JA ZIP CODE HOME PHONEl--rbBUSINESS PHONE FAX # OUTDOOR SYSTEM �l BATTERY BACK-UP INDOOR SYSTEM TSP EXTRA RECEIVER(S) $ 9yo.y U I EQUIPMENT SNs: T $ . _lxl -wo ire I T $ [1 $. 2G0•vo �I I ADDITIONAL INSTALLATION COST (acreage, terrain features, driveways) $ ? W.S u FULLTRAINING ® BATTERY PLAN Sub total Sales Tax Total Less Deposit Balance Payable at time of Delivery $ zsxLtjora $ !4>4 >< $ 5Y• OU $ $C Zoo. ou $ 1292.5c0 IF.- R 4� R R PAYMENT BY:. 'Skc Cc, I'd Cash Check # Credit Card Exp. Date (I-OV # y - 5s2c.) -3C)04 -S?zi SPECIAL INSTRUCTIONS: NOTICE TO PURCHASER • References to "COMPANY" pertain to the company whose name appears above. • The limited warranty, limitation of liability and other terms and conditions of this purchase agreement appear on the back of this document. Read carefully before you sign this agreement. • You, the customer, may cancel this transaction at any time prior to midnight of the third business day after the date of this agree- ment. • You, the customer agree to train your pet to the system as prescribed in The Invisible Fencing Training Manual and to do such additional training as may be reasonable requested by COMPANY. COMPANY agrees to execute the first training session with the pet without any additional charges to the customer. • You, the customer, agree to maintain the unit and to participate in a one-year battery plan established by COMPANY. • You, the customer, agree to notify COMPANY within 24 hours upon each incident of unsatisfactory performance of the unit or installation. r ;' y �. B t._ Owner ✓ \ :.i= l /(F 6i_L nsultant Signature Accepted By Date ✓ J C , f j Date 7 -3-o 1 �0.00 O TMS NUMBER ust #1 9 ~~'~`'~^~^.^'`''`~`^^ --) 01010898 Items inthe backorder (BX})column wiUbo | I �~~oon later. Thunkyou� | 1/�3/O1 | BLC 9:42 a.m. O003Q BILL BOATMAN &CO,2158.VVASM|NGTON6T,GREENF|ELD.OH. 45123 PHONE (S37)981-7788 m O TMS NUMBER ust #1 9 ~~'~`'~^~^.^'`''`~`^^ --) 01010898 Items inthe backorder (BX})column wiUbo | I �~~oon later. Thunkyou� | 1/�3/O1 | BLC 9:42 a.m. O003Q BILL BOATMAN &CO,2158.VVASM|NGTON6T,GREENF|ELD.OH. 45123 PHONE (S37)981-7788 m UtJI,HIN I wN LOC. ITEM # CLAN, 6/0 UN PRICE TOTAL Catalog _ 9999 EDA 1 0.00 INNO BC-100 Rech Bark Inhib,l0 5 091 - 94.88 294.E4 RITEMS TOTAL 320.59 SH PIPING & HANDLING 9.95 INSURANCE 3.00 TOTAL 333.54 RECEIVED 333.54 BALANCE 0.00 PAID IN FULL Visa Items in the backorder (B/O) column will be LISt 1#1019 REFER?O ON ALL CORRESPONDENCE T: lit, NUMBER — 09011299 sent later. Thank you. 9/ 18/01 SH 3: 43 p. m. 0012B BILL BOATMAN & CO., 215 S. WASHINGTON ST., GREENFIELD, OH. 45123 PHONE (937) 981-7788 �J E � o v�— \ 37 1 A 37 A 36 37 A 37 37 3 37 35 mer/et G►+� s,, 37 A 35E T44z.sGw� X ��4 K '9 4` Q4�v 37 A - 34 37 A 34 37 A 34 D,,.,1 -1 37 A 39 Cuioozo-oo 0 to-aqvt �LGI�EU dam- P-IL C-Vlu� V)I. Ya 4pal-, , xal1v , ,vim. VOL . / q cP S Pfl IDCU� . fore Ua Postage $ Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees I $ ,q Sent To MR. ROY S. SPAID ------------------------------------------- ------------------------------------ 0 Street, Apt. No.; or PO Box No. IZ30 198 SPAID LANE ---------------------------------------------------------------------------- r City,Statg�� 9 , VA 22637 (I IS Form 3800, May 2000 See Reverse for Instructiori6 Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the feii Endorse mailpiece 'Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, May 2000 (Reverse) 102595-99-M-2087 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1 1. Article Addressed to: MR. ROY S. SPAID 198 SPAID LANE GORE, VA 22.637 PTD 10/4/01 2. Article Number (Copy from service label) Ij 7000 1670 0012 9296 1498 A. ived by (Please Print Cleary) Bi�� o Delivery /0 �I i C. Signature 1 X � � ❑Agent ❑ Addressee D. Is delivery a ress di erent from item 1? El Yes If YES, ent delivery address below: ❑ No 3. Service Type IM Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Frederick County Dept. of Planning and Development 107 N. Kent Street Winchester, VA 22601 tAECENC_� ei c 0 9 200, iiOi:I��1�t:M,,iJFi op^ • • FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 CERTHUD. MAIL October 4, 2001 Mr. Roy S. Spaid 198 Spaid Lane Gore, VA 22637 RE: Violation of the Conditions of Conditional Use Permit (CUP) #20-00 Dear Mr. Spaid: The Department of Planning_ and Development has received a complaint regarding your kennel operation. The reason for the complaint pertained to annoying barking ofthe dogs kept in the kennel. On September 25, 2001, the kennel operation was visited in response to the complaint and the nature of the complaint was substantiated. Your Conditional Use Permit (CUP) was approved by the Board of Supervisors on January 24, 2001 with several conditions. One of the conditions (#6), states that: "All dogs kept at the kennel must be controlled so as not to be a nuisance to any adioining.property, by either barking or roaming free." You will be given 30 days from the receipt of this letter to abate the violation. If at awry time after the 30-day period of notification,, a similar complaint is received,. your CUP will be presented to the Planning Commission and Board of Supervisors for recommendation of revocation. If you would like to amend the conditions of the CUP, you may request a public hearing at any time in the future. If you have any questions, please feel free to call me. Sincerely, PAvl Patrick T. Davenport Zoning, and Subdivision Administrator PTD/kac cc: Margaret Douglas, Back Creek District Supervisor Cordell Watt, Back Creek District Planning Commissioner Greg Unger, Back Creek District Planning Commissioner Lawrence R. Ambrogi, County Attorney U:\PatrickTommonWisc oorresp\Spaid kauiel CUP notioampd 107 North Kent Street - Winchester, Virginia 22601-5000 El COUNTY of F REDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Office Assistant H SUBJECT: Return Of Sign Deposit DATE: January 26, 2001 The amount of $50.00 was deposited in line item # 10-911-08 for the person named below as a deposit for a sign for Conditional Use Application #20-00. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Mr. Roy Spaid 198 Spaid Lane Gore, Virginia 22637 RSA/kac U:`d<aren\karens' dulii.Crnnsnon\SIGNRTRN.IST\SIGNDEP.PER i • FILE COPY January 26, 2001 Mr. Roy S. Spaid 198 Spaid Lane Gore, VA 22637 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 RE: CUP #20-00 of Roy S. Spaid, Property Identification Number 37-A-35C Dear Mr. Spaid: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on January 24, 2001. Your Conditional Use Permit, #20-00 for bt Dog Kennel, was approved with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. This permit is for a kennel (non -boarding) only. 3. Inspection of the facilities by the Animal Control Officer shall be required to determine if the housing for the dogs is adequate and appropriate. 4. No more than twenty (20) dogs shall be boarded within the facility at any given time. All associated materials and supplies shall be stored within an enclosed structure. 6. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining property by barking or roaming free. All dogs must be kept within a fenced -in area. 7. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. 8. Any expansion of the kennel shall require approval of a new Conditional Use Permit. If you have any questions regarding this action, please feel free to call this office. Sincerely, Howard R. Long, III Planner I HRL/ch cc: Commissioner of Revenue 0:WgrndasWPPR_DEN1TR\CUFs\" Spaid_CUP.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 9 PC REVIEW: 01/03/01 BOS REVIEW: 01/24/01 CONDITIONAL USE PERMIT #20-00 ROY S. SPAID Dog Kennel LOCATION: This property is located 198 Spaid Lane. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 37-A-35C PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and Vacant PROPOSED USE: Dog Kennel (Non -Boarding) REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Inspections Department: No comment required. Fire Marshal: Recommend portable fire extinguishers. Tree limbs inhibit emergency vehicle access to properties. A vertical clearance of 14.5 feet is required per NFPA 299 for the width of roadway. A dry hydrant at the pond entering Spaid Lane would benefit all property owners with adequate water supply for firefighting and reduced insurance. Plan approval is recommended. Health Department: The Health Department has no objection to Mr. Spaid's proposal since Roy S. Spaid CUP Page 2 January 18, 2001 he has stated that the facility will have no employees except family members living in the existing house. Note that the Health Department cannot address the disposal of the dog waste. Dog waste is considered a commercial and industrial waste and is regulated by the Dept. of Environmental Quality (DEQ). Questions concerning the proper disposal of dog waste should be directed to the DEQ (540) 574-7800. Planning and Zoning: Dog kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved conditional use permit. This application is the result of a complaint filed with this office. The applicant has advised that the kennel currently is only used for housing and breeding dogs that belong to him. This site consists of twenty (20) acres and is well screened from Back Creek Road (Route 704) by mature woodland and a steep terrain. The east side of the nearest kennel is 51 feet from the adjoining property line, the west side of the nearest kennel is 240 feet from the adjoining property line, and the south side of the nearest kennel is 420 feet from the adjoining property line. As with any kennel, noise from this type of business negatively impacting adjoining property owners is a concern. Staff believes that the location of the property is appropriate for the operation of a kennel with a number of conditions applied. STAFF CONCLUSIONS FOR THE 01-03-01 PLANNING COMMISSION MEETING: Approval of this conditional use permit would be appropriate with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. This permit is for a kennel (non -boarding) only. Only dogs owned by the owner will be boarded in the kennel at any time. 3. Inspection of the facilities by the Animal Control Officer shall be required to determine if the housing for the dogs is adequate and appropriate. 4. No more than twenty (20) dogs shall be boarded within the facility at any given time. All associated materials and supplies shall be stored within an enclosed structure. 6. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining • 1 W Roy S. Spaid CUP Page 3 January 18, 2001 property by either barking or roaming free. 7. All dogs at the kennel must be controlled to limit the impact on adjoining properties. All dogs shall be kept within a fenced enclosure and must be placed inside a building after 8:00 p.m. 8. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. Any expansion of the kennel shall require approval of a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF O1/03/01 MEETING: Fifteen persons came forward to speak about the kennel operation, the majority of which live on adjoining or surrounding properties. None of the people who spoke had a problem with Mr. Spaid operating his dog kennel at this location; however, two persons, who live approximately 400 yards from the kennel, said that the dogs' barking all through the day and night was creating a nuisance. The applicant was comfortable with all but two of the conditions of his CUP. He wanted the ability to bring other dogs in for breeding purposes and he did not want to place his dogs inside a building at night because of the nature of the breed of dog he is raising. The Planning Commission had no objections to amending Condition #2 of the permit to enable the applicant to bring dogs in for breeding purposes. The Commission noted that the definition of "non - boarding" eliminated a retail -type kennel whereby pet owners would bring their dogs to stay while they're away on vacation. The Commission also eliminated Condition #7 so that the applicant would not be required to place his dogs inside an enclosed building at night, which is normally a requirement of kermels located in more urban settings. Members of the Commission recognized that for some neighbors, a barking problem existed and they explained to the applicant that Condition #6 requires the applicant to control the barking nuisance. The Planning Commission unanimously recommended approval of the CUP with all of the conditions recommended by staff except for an amendment to Condition #2 and the elimination of Condition #7, as follows: 1: All review agency comments and requirements shall be complied with at all times. 2. This permit is for a kennel (non -boarding) only. Roy S. Spaid CUP Page 4 January 18, 2001 3. Inspection of the facilities by the Animal Control Officer shall be required to determine if the housing for the dogs is adequate and appropriate. 4. No more than twenty (20) dogs shall be boarded within the facility at any given time. All associated materials and supplies shall be stored within an enclosed structure. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining property by barking or roaming free. All dogs must be kept within a fenced -in area. 7. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. Any expansion of the kennel shall require approval of a new Conditional Use Permit. (Note: Mr. Wilson was absent from the meeting.) 0:Wgendas\CONUviENTS\CUP's\2000\Roy Spaid.wpd COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 'PICAMC,rOVICANI Of PUBLIC HUNRUNIG January 10, 2001 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: APPLICATION OF ROY S. SPAID, CONDITIONAL USE PERMIT #20-00 On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on January 24, 2001, at 7:15 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Conditional Use Permit #20-00 of Roy S. Spaid to operate a dog kennel. This property is located at 198 Spaid Lane and is identified with Property Identification Number 37-A-35C in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Howard R. Long, III Planner I HRL/ch A: W dj oiners\RoySpaid.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 11 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick 64 Virgmia: - 37 1- - A- - FAGG, LAWRENCE W 37 . A- - 37-A 905 CANTERBURG RD HUBBARD, DWIGHT LEE & JOAN M. STEPHENS CITY, VA 22655.5608 10412 CLEVELAND ST FAIRFAX, VA. 22030.3620 37 • 1• • 131- 37 - A- . 35-D WILLIAMS, CHARLES K. ET ALS SPAID, TERRY L. 383 SAND MINE RD 146 SPAID LN GORE, VA 22637.2455 GORE, VA. 22637-2844 — - - --- - - -- 37 A• • 35-C 37 - A- - 35-E — { SPAID, BOY SAMUEL SPAID, LARRY F. & SHIRLEY J. 198 SPAID LN 142 SPAID LN GORE, VA. 22637.2844 GORE, VA 22637.2844 37 - A- - 34- — DUNLAP,DONALD 2420 BACK CREEK RD GORE, VA 22637.2802 �W / How ;;�� v •Long,.i/F` • • •Co.Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, - -Ann Ha [ I , a Notary Public in and for the State and County aforesaid, do hereby certify that Howard R. Long, III, Planner I for the Department of Planning and Development, whose name is signed to the foregoing, dated H n • 0 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 1 �. day of L� (��� 00 My commission expires on Rb-�08, QC0 ----1 - ARY PUBLIC • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 I I MFICA010I I OF PUBLIC rlEr1�HNIr December 20, 2000 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: APPLICATION OF ROY S. SPAID, CONDITIONAL USE PERMIT #20-00 On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on January 3, 2001, at 7:00 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Conditional Use Permit #20-00 of Roy S. Spaid to operate a dog kennel. This property is located at 198 Spaid Lane and is identified with Property Identification Number 37-A-35C in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location) the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Howard R. Long, III Planner I I■''�111•fi1 AAAdj oiners\RoySpaid.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 f k 0 This is to certify that the attached correspondence was mailed to the following on C from the Department of Planning and Development, Frederick — - -- County, Virginia:' -- - _ _-- - 37 - A- - 37-A 37 - 1- - A- HUBBARD, DWIGHT LEE & JOAN M. FAGG, LAWRENCE W 10412 CLEVELAND ST 905 CANTERBURG RD FAIRFAX, VA. 22030.3620 STEPHENS CITY, VA 22655.5608 f - 37 -A- - 35-D j i. ( 37 - 1- - 131- SPAID, TERRY L. WILLIAMS, CHARLES K. ET ALS 146 SPAID LN 383 SAND MINE RD GORE, VA. 22637-2844 GORE, VA 22637.2455 37 - A• - 35-E 37 A 35•C SPAID, LARRY F. & SHIRLEY J. SPAID, ROY SAMUEL 142 SPAID LN 198 SPAID LN GORE, VA 22637.2844 GORE, VA. 22637-2844 j 37 - A- - 34 j DUNLAP,DONALD 2420 BACK CREEK RD GORE, VA 22637-2002 STATE OF VIRGINIA COUNTY OF FREDERICK I, BNI l J f—�no Ha 1, a Notary Public in and for the State and County aforesaid, do hereby certify that Howard R. Long, III, Planner I for the Department of Planning and Development, whose name is signed to the foregoing, dated 1 a , Q D - L-)D , has personally appeared before me(and acknowledged the same inmyState and County aforesaid. Given under my hand this a Indh day of �)eeEMbCV-, QQLY� My commission expires onbcuaa,o2 aiOaD3 OTARY PUBLIC SPAID, LARRY F. & SHIRLEY J. 37 A 35E SPAID, ROY SAMUEL 37 A 35C ARD D. & BRENDA S. 7 A 358, P �1 5 SPAID, ROYSAMUEI 37 A 35C J5 SPAID, RICHARD D. & BRENDA S. g1 p 1 , 37 A 35A CQP\O P �1 10, P� gQP �A N CUP #20-00 Location Map For: Roy S. Spaid PIN: 37 - A - 35C Office of Mapping and G1S,12/00, Agray Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant \if the owner other) NAME: ADDRESS: q 8 c7?Dsr1� L.80E GO -Re TELEPHONE (.S�io) P59 - 362 A/.. 6�92 - 3 V36 2. Please list all owners, occupants, or parties in interest of the property: l 2 r�lRo E , 4s' �L�s I S►� S . Si)az � 3. The property is located at: (please give exact directions and include the r route number of your road or street) I Fo Ri760T ou STx6 Lak)E - 0--R S Or ijwuE (-ErT 2110 4111 of a 013�11._e . 4. The property has a road frontage of Q feet and a depth of a 33to.ZV feet and consists of acres. (Please be exact) 5. The property is owned by 0q as evidenced by deed from CgaLe� A - 5�b recorded (previous owner) in deed book no. cJ 1 Jc on page 551 B, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14-Digit Property Identification No. 3 % 4- 3Sic Magisterial District Current Zoning KA 7. Adjoining Property: North East South West CEIVED :C 0 8 2000 DEPT, OF PLANNING/DEVELOPMENT 8. The type of use proposed is (consult with the Plann bef ore completing) p a-xr(roj((E ok 3-r-wy or Ejz-6 , c 9. It is proposed that the following buildings will be constructed: Dept. 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 where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME I�,sc�az� �. ��cU ADDRESS PROPERTY ID# .S NAME ERRS L �SU PROPERTY ID# NAME PROPE TY ID# \3 NAME OIJ�LI� PROPERTY ID# ADDRESS 14 S?ar6 bk)e G(5t?E , VG- . ADDRESS 142 Stark LAOS , �I�F-, 6ry 1Y k/, :a a G 3 °7 ADDRESS 2 d w -_JW VLAZ JI . �) Gar el kq .7;J 63J NAME ADDRESS PROPERTY ID# '3I -1-,�� , a NAME <w!!�S.'f,.x� ADDRESS •rc� PROPERTY ID#_ 39 - �' lj% V� NAME PROPERTY NAME PROPERTY ID# ADDRESS ADDRESS 12. Additional comments, if any: NaUc �lcl?CH�SCU ao I`1Ilj��.L ��6s rod ZD SBnt- Loca I ob - L�T4ULT 8QI DIMLEKw . ►..)Ou) -TN -: og �I ca?EI TO �Wr, Tr.,0K13- -T `T�E Co" 9E {�Zi oBLErh . I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address 198 spgr�( Owners' Telephone No. (540) 856- Jb(U z, TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: a- as (3-7 e FZ ft y s pAi,a G A RR `i s n,� ;n p vERry 44VL- . pxopER r y 1.1;vim - - { 11. Please use this page for you sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. CJ�+^ 7� A2 C4 rn � n Is- Ri KFNNEL� � (� N NJ E 3 ----,� RI TI W 1 a y� A rn � L ` Q�dG►S aa►b�'�'� OLT T rTQ�'r�+• P fixed au.tf •Aril f"1i•Ilq pa• , «...-. Ib C 'Is'-1t,Q •urly Al) p*4-)dw1l *It t poll ;' �t� xtL�. ,�'3v twMF'�r•eafat�io h l(�luyrr . i Iv•trrArsfa,�n,fn• ICE •,ea�lilrea �ptM rr p.574",�►� � � � i+:'" • r ., �f(I✓T • A,. r• ,7 'N f Jjl�7/ �r ,t a ""' , �•t•�� N �, ;! Vie' f � •r ,• �r .�� t +':1 ao •ter atl�i�[v^1+o►�t r• {,�,rtrwI:luearni rviVrl�ryl C' i N 1 ��� •,. ' 'Attl +t [•ne1e0 p•Autns'1�idlF�t 1 r Ai Mona ;` a• e. w too" c"" •'1 «too t•.r. twr• 4 t rMt trt etr [� ��, , MtGi�•tr�r1 fit► tN , , . ' • t+ieWi q Ski A4 pnrqM•pf+2 /Ote tarty wiy✓�n�'• 41 MC 3t ratl• •upt+e7oro� •1,tpp,,•� ) M f rMod1441 "11• ►t1, dt•ta •/ •r..,t• 1�+ ►1*411 •0 P"%*Iv o9 pa4e+w• 96 N "..nfo1 fltrdl •iy M •Ay ear. ti+�s •t vei+14 ,• t :)1 *vu • . y M•teQ ti?•t M t �+o•+ray • j" ►+t+t)t • 1 NW+ • 1 11 4:batr d STy 4q • ' r !? y + • mo MlisowI N L+^h vt I• %Jot) r.rt I• *Oad•+ i /6Z mod• P"* v1 MP/YM[ V"t Ott Ye r+N Mr 1 • • r[ • e ad w" w J "I •`•�*� •'•R •II M IMt •• MLo•+O ti P►a*w« r.•. 1•�t Mt taw•I•a,• K.T,u `IM •TV �; r� i �• w�'•r/ M 1.1n"s 1►/+►•otM•r woos •roll " rt et '•tvi6tlA rL1M•2 r' •,� Mt M ►•++1 • M 119" •t t+•taeap •w M •ty t•I Nar 4eyn• • M told •,'t • •r , .dot 1 � ra •�� • , i+I �� ,irv� r ' •; rip0.0 to �.+;y + •• r �i 1.0 JAN Of 4-b •-1 +a ` C , , iO4 sfl; ,, \� � �M�2o3v oZ may,, . , y•j, 1 W 1 cS .i � j„._ ' Qit •rSYltia ,role - _\ PIZ •, :0- Y7•v i.p h 9f 7 �° F��{ 1•. w \ ry ••ter �. .. C, 0 r , o 7. �y'/ tlr, � .Q ��..ir♦t)4 t rr' 96Z i t� r oq° t"Is 'sr cm ~ r, �f 4i'� + 'Ou 1)71d LLS • CJ REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Name off development and/or description of the request: I 9F, q LLOOE � © JW &&1 r:wL LE 10 ottRa-Ti —Mg—1 Aas EXTSTEI6 aT -fIh6 sarke Local —too FOR Location: Lwr p6 R-Vo- -7o4 - 4 msLe-s -7 F1n-4.hs :Z rvrr'IC --I 10a <PATi� 1a11c Va. Dept. of Transportation Comments: SIT 00 %A LaL)e No objection to conditional use permit for this property. Existing entrance is adequate for proposed use. 'However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. VDOT Signature and Date: ZZ-14z2— Z,,) // Z7 )d (NOTICE TO RESIDENT ENGINEER*P EASE RETURN THIS FORM TO PPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency, with their review. Also, please attach two (2) copies of your application form, location map and, all other pertinent information. WCEIVED Noy s 2ooa REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal ATTN: Fire Marshal 107 North Rent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, 1st floor of the County Administration Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Name of Sqb) RGP - development and/or description of the request: N Location: =�JG 66(s vEk)AJ mrLES To Sp,,U� L�uE- 1 co 4,s (ter i 48 9 -11) tc-qk)EE Fire Marshal Comments: Fire Marshal Signature & Date (NOTICE TO FIRE MARSHAL - PLEASE RETURN NOTICE TO APPLICANT IS FORM TO APPLICANT.) It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and any other pertinent information. COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.CUP00-0021 Date Received 11/16/00 Date Reviewed 11/20/00 Applicant Roy S. Spaid Address 198 Spaid Lane Gore, Va.22637 Project Name Dog Kennel Operation Phone No. 540-858-3668 Type of ApplicationConditional Use Current Zoning RA 1st Due Fire Co. 14 1st Due Rescue Co. 14 Election DistrictBack Creek Tax I.D. No. Not Provided RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System Automatic Fire Alarm System Other :Portable Fire Extinguishers REQUIREMENTS Emergency Vehicle Access Adequate Inadequate XX Not Identified Fire Lanes Required Yes No XX Comments : Tree limbs inhibit emergency vehicle access to properties. A verticle clearance of 14.5 ft. is required per NFPA 299 for the width of roadway. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes No XX Comments : A dry hydrant at the pond entering Spaid Lane would benefit all property owners with adequate water supply for firefighting and reduced insurance. Hydrant Locations Adequate Inadequate Not Identified XX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No Signature REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Kent Street Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: 5-*a� /-W. ,a4s 12 sYo 9so - 3669 Name of development and/or description of the request: i Location: 0 20 Ll lea 1/ MAO Inspection Department Comments: U Code Administrator Signature & Date: (i (NOTICE TO INSPECTIONS DEPT.*PLEASE URN THIS FORM TO AP T. NOTICE TO APPLICANT It is your:izesponsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. REQUEST FOR CONDITIONAL. USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand delivered this form. Applicant's name, address and phone number: Name of development and/or description of the request: &�r, ���EL 13, Oo3Tiou-E C��irOO Or e�zr�G Location: c Sly b of - -21 in-44s nf�- (0-ri r.- —P, 14P !:�,iDfJrl\ I ;qi )r Health Denartment Commenk! pto� 4 fL& pia, 0)574-7g0U, NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form; location map and All other pertinent information.