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Home My WebLink About07-04 Roy R Messick Jr Re-Establishing Non-Corform - Gainesboro - BackfileNOTES Date: L111S Zo File opened 41L o Reference Manual updated/number assigned G D-base updated Y /qi lbr V One location map requested from Mapping Dept, `-/ L/Z Four sets of labels requested from Data Processing *l -W-1 File given to Renee' to update Application Action Summary CLOSE OUT FILE: 61140 Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's 6 / o File stamped "approved", "denied" or "withdrawn" d Reference Manual updated / O D-base updated l D�/ File given to Renee' for final update to Application Action Summary ��sT�#I(09 U.\Carol\Common\Tracking sheets\CUP.TRK Revised 12/19/02 • SH L41 a O Received From, 116� Dates ;, 0 0 3 3 tri Address 'Dollars$` For — .II s ACCOUNT HOW PAID t( AMT OF ACCOUNT CASH _ W AMT PAID CHECKDIM BALANCE MONEY ORDER ❑ Bv _ DUE CREDIT CARD❑ �. ALE COPY - - .0 COUNT Y 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: June 14, 2004 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the person named below as a deposit for one sign for a Conditional Use Permit #07-04 for Roy Messick. He 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: psd Roy Messick 686 Marple Rd Winchester, VA 22603 107 North Kent Street - Winchester, Virginia 22601-5000 • i� FREDERICK COUN EPARTMENT OF PLANNING 4 VELOPMENT DEPOSIT REPORT FOR: April 13 2004 FINANCE CODE/DESCRIPTION TOTAL PRICE TREASURERS CODE COMPREHENSIVE PLAN PCO1 CAPITAL IMPROVEMENT PLAN PCO1 ZONING INDEX MAP/ PCO I MISC. LEGAL/LETTER SIZE COPIES/ PCO1 MISC. LEGAL/LETTER SIZE COPIES/ PC01 COMPREHENSIVE PLAN UPDATES X 3 $45.00 PCO1 3-010-016160-0001 BOOKLETS & MAPS - SUB TOTAL $45.00 PCO1 3-01.0/016160-0009/ SALE OF GIS MAPPING (IODL) 3-010-019110-0008/ SIGN DEPOSIT $50.00 1095 3-010-018990-0001/MISCELLANEOUS ITEMS (INCL UDE SHIPPING & HANDLING, POSTAGE, ETC.) 2009 3-010-016160-0002/ ZONING ORDINANCE PCO2 3-0110-016160-0002/ SALE OF AMENDMENTS PCO2 3-010-016160-0002/ SUBDIVISION ORDINANCE PCO2 3-010-019110-0043/MERRIMANS CHASE/ (IODP) 3-010-019110-0025/WOODSIDE ESTATES IT/ (1013H) 3-010-019110-0042/SOVEREIGN VILLAGE/ 0 (IODM) CONDITIONAL USE PERMIT/ ROY MESSICK S75 OC ZASP CONDITIONAL USE PERMIT/ ZASP RESIDENTIAL SUBDIVISION/ ZASP NON-RESIDENTIAL SUBDIVISION/ ZASP RESIDENTIAL SITE PLAN/ ZASP REZONING/ ZASP VARIANCE/ ZASP NON-RESIDENTIAL SITE PLAN/ ZASP MINOR RURAL SUBDIVISION/ ZASP MENOR RURAL SUBDIVISION/ ZASP LOT CONSOLMATION, "VILDE ACRES LOT 18 & 20 S100.0fl ZASP `BOLNDARY LING ADJUSTMENT/ ZASP ZONING DETER3tIN-1"1 IONNERIFICATION LETTER/ ZASP 3-C 10-013030-0007 APPLICATIONS - SUBTOTAL S175.0 ZASP GRAM) TOTAL: S270.0 CHECKS: CURRENCY: LESS CASH: 2-1 (D CDO=) PREVIOUS ENDING # C)y ?; V U� RECEIPT(S)#D0 cam, O J CJ bd�� TOTAL: Z-i �� U:\Karen\Common\Depositr\DEPOSIT REPORT PLANNING.2003wpd.wpd \Q� C7 • M FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 14, 2004 Mr. Roy R. Messick, Jr. 686 Marple Road Winchester, VA 22603 RE: CUP #07-04 for Re -Establishing a Legally Non -Conforming Use Property Identification Number 41-A-163B Dear Mr. Messick: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on June 9, 2004. Your Conditional Use Permit #07-04 for re-establishing a legally non -conforming use, was approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hog pen shall be fifteen (15) feet from property lines. 3. No more than twenty-five (25) hogs allowed. 4. Any change of use or modification will require a new Conditional Use Permit. If you have any questions regarding this action, please feel free to call this office. Sincerely, 4Markn Planner I MRC/bad cc: _-6ary W. Dove, Gainesboro District Supervisor ,--Commissioner of Revenue ,,lane Anderson, Real Estate forge J. Kriz an"rles E. Triplett, Gainesboro Planning Commissioners 107 North Kent Street • Winchester, Virginia 22601-5000 0 • �CK 'r CCU CONDITIONAL USE PERMIT #07-04 a ROY R. MESSICK, JR. w ® Staff Report for the Board of Supervisors Meeting ,pGfN 1738 Prepared: June 2, 2004 Staff Contact: Mark R. Cheran, Planner I This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/19/04 Recommended Approval Board of Supervisors: 06/09/04 Pending GG�� LOCATION: This subject property is located at 686 Marple Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER:41-A-163B PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential PROPOSED USE: Re-establishing a legally non -conforming use. REVIEW EVALUATIONS: Health Department: Health Department has no comment. Planning and Zoning:. In accordance with Section 165-150 of the Frederick County Zoning Ordinance, a legally non -conforming use that has been discontinued due to abandonment may be re-established by obtaining a Conditional Use Permit (CUP). This proposed use is to re-establish a hog pen, that was in operation prior to April 26,1995, when Frederick County adopted a hog -farming ordinance. This ordinance has setbacks for hog operations of two hundred (200) feet from an adjoining property used for human habitation. 0 0 Page 2 CUP #07-04 - Roy R. Messick, Jr. June 2, 2004 The applicant has applied to re-establish this hog pen; however, the proposed use cannot meet the current requirements of the ordinance. STAFF CONCLUSIONS FOR THE 05-19-04 PLANNING COMMISSION MEETING AND 06-09-04 BOARD OF SUPERVISORS MEETING: The Planning Commission found this use appropriate with the following conditions recommended by staff: 1. All review agency comments and requirements shall be complied with at all times. 2. Hog pen shall be fifteen (15) feet from property lines. 3. No more than twenty-five (25) hogs allowed. 4. Any change of use or modification will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF 05/19/04 MEETING: Mr. Messick stated that in 1975 he constructed a wooden structure on his property to contain hogs as part of the family farm. By approximately 1997-1998, the wooden structure had deteriorated and because of other financial obligations, he did not replace the structure or the hogs. Last year, he built a fully -enclosed concrete structure with the intention of raising hogs. He did not know an ordinance requiring setbacks was in place; he said a county inspector visited the site to inspect the structure. Commission members inquired how far the pen was from the property line and if there was a location on the property where the 200-foot setbacks could be met. Mr. Messick said that because of the terrain and nature of the property, any other location would not be conducive for him to take care of his animals. He said the pen was 27 feet from the property line at its closest point. He planned on having two -to -three hogs and possibly, if a litter was produced, there would be eight additional animals for a short time. Mr. Messick assured the Commission that the hogs were for family use only. Three adjoining property owners came forward to speak in opposition to granting a waiver of the 200' setback requirement. They preferred that Mr. Messick move the hog pen to another place on his 11-acre property. They were concerned that hog waste would contaminate their water supply; they spoke of health risks associated with the run-off from manure piles; the close proximity of residences; the odor; and possible negative impact on property values. Board Liaison, Gary Dove, commented that the Development Review and Regulations Subcommittee (DRRS) had drafted a new hog ordinance last year. He said the ordinance was Page 3 CUP #07-04 - Roy R. Messick, Jr. June 2, 2004 recommended for approval by the Planning Commission; however, the Board of Supervisors denied the amendment because a representative from the Farm Bureau, Mr. Paul Anderson, believed the ordinance should not be restricted to just one type of farm animal. Mr. Dove noted that Mr. Messick worked about four months with the DRRS in helping to formulate the amendment. Commission members pointed out that this property was within an agricultural area and under the Right -to -Farm Act, Mr. Messick is permitted to raise hogs on his property; however, the issue remains that Mr. Messick cannot meet the 200-foot setback on both sides on his 211-foot-wide parcel. Additionally, the question of whether to re-establish the non -conforming use issue needed to be resolved. They also pointed out that Mr. Messick was not proposing a hog operation, but simply wanted to raise the hogs for his own use. Other members said they would be more comfortable with the conditional use permit if the number of hogs allowed was reduced and the distance from the property lines increased to 25 feet. Still other Commissioners did not believe they could support the request because of the neighbors' objections. By a majority vote, the Planning Commission voted to recommend approval of the conditional use permit with the conditions as recommended by the staff, as follows: All review agency comments and requirements shall be complied with at all times. 2. Hog pen shall be fifteen (15) feet from property lines. 3. No more than twenty-five (25) hogs allowed. 4. Any change of use or modification will require a new Conditional Use Permit. The majority vote was: YES (TO APPROVE): Straub, Gochenour, Unger, DeHaven, Thomas, Ours, Kriz, Fisher, Triplett NO: Watt, Morris, Light (Commissioner Rosenberry was absent from the meeting.) 4 P4:.3. l ". 4 4 41Roy R. Mesa 41 10* l.se` m • a ■1 41 A 159 HIGH 41 A 163E MESSICK 41 A 163A MAKOSKY 41 A 163 LEGGE 41 A 169A /J/,// COMPHER 41 A 169B MESSICK - 41 A 162F LEGGE 97 / /` 41 A 169C MESSICK �J 41 A 169D 41 A 162B \ MESSICK STEWART � J 41 A 169E JUSTICE I1 1 / \I / / AI CUP #07-04 Roy R. Messick, Jr PIN: 41 -A - 163B N wE TITIJTTT- 0 200 Feet Submittal Deadline �� d P/C Meeting 0 BOS Meeting p APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA I. Applicant (The applicant if the owner other) NAME: - U \/ I� I r ADDRESS: (D TELEPHONE (rj U� (p (7- J 5 0 a 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) do �� 5 2 Z �v Cr()sSYI)Cx�l uroce-ry +urn LEFT onfo I \�• l!/ 54 l Mni/Jl'P RA 1 1- i_ /10 - A Ntotrn10 kA I mile ho��, S�. o r> R I H i M c� ,r l b 4. The property has a road frontage of cp.5 feet and a depth of feet and consists of acres. (Please be exact) 5. The property is owned by RDV R. mQsSIc c Jr as evidenced by deed from - F I cj c{ 1A c Kee recorded (p e-dv us owner) in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County - of Frederick. E>. Tax(Parcel)Identification (I.D.)No.`�%�-�(� Magisterial District Gn- ', n P s h n rn Current Zoning R A 7. Adjoining Property: USE Northy,,, .,,,,.dZ East South 12f �f/i✓•'f=aT /rL West ZONING ,4�4 _ Aqw • 0 8. 9. The type of use proposed is ( before completing) i fn S_ / Y, It with the Planning Dept. . It is proposed that -the following buildings will be - constructed: 6 1 V 6 f, 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 PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME ADDRESS ADDRESS ADDRESS ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# 0 it 12. Additional comments, if any: 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 Mar� l� �� /V % OchWsler VA 7-7- Owners' Telephone No. ( ��o) Co % %- 26-0 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: r 8 N 27" 08' E , 7 73 } N 5 IRON PtK O Z r�� 4' ;;AhrO� oo tVzrodE ROY R' 17 �,4_22.4 0 - to 3''W035rE i�a+ PlN �36 5 W 56T48 •��- ISAA A N D - PIN OAK �' OTHE fi The above plat is a Survey of a XOPtion of the Land conveyed to Floyd McKee by Deed dated 17 July 1945 irk ed Boob:_ a Portion fronts the Western Boundary.Line of Rt. 654, and 1iez. in Gaines.. boro Districts Frederick County, Virginia;. Beginning at a point in the Western Boundary Line of Pt. 6540 a corner to the Legge Land, running with the two following Lines of the said Land N 460 25, 17" W - 39,0 ft, to a Marked Red Oak Tree, and continuing 1 46o 1 25t 17" W - 317.49 ft., IN ALL, to a Marked Red Oak Tree; thence N 580 431 08" W - 688.36 fto to a set stone corner to the Haines Land; thence with the three following Lines of said Land S 810 301 161t bit - LL75-36_ ft* to a set stone; thence S 040 391 46" W - 269064 ft. to a Marked Hick- ory Tree; thence S 160 341 10" W - 11,85 ft a to a post corner to the Re- tained Portion; thence wi lth the throe following Lines of the said Other Land S %0 09, 56" E - 187,16 ft.- to a !,larked Pin Oak Tree; thence s 670 481 461, F - 368.21 ft. to a barked maple Tree; thence S 730 48, 05" �. 290.43 ft. to an iron pin corner to the Hoak Land; thence with the two following Lines of the said Land N 270 08 T E 200.00 ft. to an it n_ pin; thence S 730 301 4t E - 443- 24 ft. to Western Western Boundary Line of Rt. 654; thence with the said �} Line N 270 08, E - 57.93 ft. to the beginning. I r I had bought place in question in 1974. We moved onto property in 1975, and erected a hog pen. I raised hogs in said hog pen for years, until the pen rotted down. I replaced with a new pen, consisting of cement floor and block walls. I had tried to buy property next door first when Roy Hoke owned it. He had purchased it from Floyd McKee. He could not build because it would not pass perk. George Lockhart had tried to purchase it also to build home. It would not pass perk. Therefore, when I purchased my land stated above, the property next door, not passing perk, assured me 100% use of my property. I began farming land the first year (1975). The Frederick County System failed when it issued a permit to build next door. It also failed to put a setback on the house from the farming land. I would not be having this problem with next door, had the Frederick County System upheld their decision not to perk the land. When Stewart bought property, theirs had been a mini farm, consisting of pasture for cows, a barn for the cows, and pigpen still on the property. Stewart tore down fence an did away with the farming aspect of the property. He had bought the property from the previous Owner, Dale Ballenger, who had raised cows and hogs on that property. Glen Martin, the Agricultural Stewardship Coordinator, from the Commonwealth of Virginia in Richmond, came on Feb. 11 to inspect our hogpen: He said there was no sign of contamination and in his opinion our farming should fall under the grandfather's clause, although it was out of his jurisdiction. He would be sending us a follow-up letter shortly. MAUR►CE SET 13.58 AC. TR,4 EGGS. JR. , � �� g� N-58 08, 6g8� RED pq� P_ VE 64 m h 36' �4 Ric 0 1 I- k 38 N27"08: E 49• ry AU a 5�" E z 5 ►00H Poll f JR a H K , z NZ7?! �� _ O A tK zp�a0 01M `. . 29 d� o 56T4g -36 3i aa�"-�� A O :plt4 OAK OT N E R The above Plat is a Survey of a.Portion of the Land conveyed to Floyd McKee by Deed da The sate' portion fronts the western Boundary.Line of Rt- 654, and li" in Gaines- boro District, Frederick County, Virginia;. Beginning at a point in the Western Boundary Line of Ft, 654, a corner to the Legge Land, running with the two following Lines of the said Land N 460 25, 17" W - 39.0 ft- to a t�jarked Red Oak Tree, and continuing N 460 �5, 17" W - 317.49 ft., IN ALL, to Marked Red Oak Tree; thence N 580 431 081t W - 688.36 ft, to a set stone corner to the Haines Land; thence with the three following Lines oof e ` ci Land S $ ,° D ��* tir _ .3�. .� ft, to a set stone; thence S 046 39t 46" W - 269.64 ft, to a Marked Hick- ory Tree; thence S 160 341 10" W - 11.85 ft, to a post corner to the Re- tained Portion; thence With the thr;)e following; Lines of the said Other Land S 540 09' 5611 E - 187.16 ft, to a ;Narked Pin Oak Tree; thence S 670 48, 46t* E - 368.21 ft. to a Tmarked Ttaple Tree; thence S 730 48' 05*1 E - . 290-43 ft, to an iron pin corner to the Hoak Land; thence with the two following Lines of the said Land N 270 081 E - 200.00 ft, to an j'o)a---pin; .._ ,,gar f L,nnna 710 'In i * 1* T` - Ji li l _ 71i ft- to nn IT-nn nin� in thA d".s�.:��-_�:� r��. It UP H • 0 OA REQUEST FOR CONDITIONAL UQF PERMIT :0 NJENTS 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: U Name of development and/or description of the request: Location: Healt Depa`� en Comments: i e� l e am_ �.7� a s 170 C' ey Signature and Date: 1z y 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. 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 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Name of development and/or description of the request: `Va. Dept. of Transportation Comments: . VDOT Signature and Date: (NOTICE TO RESIDENT ENGINEER*PLEASE RETURN THIS FORM TO APPLICANT.) 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. 0 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal ATTN: Fire Marshal 107 North Kent 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 development and/or description of the request: ;Location: Fire Marshal Comments: Fire Marshal Signature & Date (NOTICE TO FIRE MARSHAL - PLEASE RETURN THIS FORM TO APPLICANT.) 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 any other pertinent information: REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 2nd floor of the County Administration North Building in Winchester, if you prefer to hand deliver this review form. J(pplicant's name, address and phone number: VName of development and/or description of the request: VLocation: Inspections Department Comment: Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT*PLEASE RETURN THIS FORM TO APPLICANT.) 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. • 0 o 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: .fir. Name of development and/or description of the request: Location: Health Department Comments: Signature and Date: NOTICE TO A-PPLICANT 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. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Sanitation Authority Attn: Engineer Director P.O. Bog 1877 Winchester, Virginia 22604 (540) 868-1061 The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone number: Name of development. and/or�description. of the request: Location: 'Sanitation Authority Comments: Sanitation Authority Signature & Date: (NOTICE TO SANITATION AUTHORITY * RETURN THIS FORM TO APPLICANT.) 3 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. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS CITY OF WINCHESTER Attn: Planning Director 15 North Cameron St. Winchester, Virginia 22601 (540) 667-1815 The City of Winchester Planning Dept. is located in Rouss City Hall at 15 North Cameron St. in Winchester, if you prefer to hand deliver this form. Applicant's name, address and phone number: Name of development and/or description,.of the,,request: Location: Director Signature and Date: (NOTICE TO DIRECTOR * PLEASE RETURN THIS FORM TO THE APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as Possible in order to assist the agency with their review. Please also attach a copy of your application form, location map, proffer, statement, impact analysis, and all other pertinent information. 0 0 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 The Winchester Regional Airport is located on Route 6451 off of Route 522 South, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Name of development and/or description.of the request: Location: 'Winchester Regional Airports Comments: Airport Signature and Date: (NOTICE TO AIRPORT. * PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT I:t 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, proffer statement, impact analysis, and all other pertinent' information. •- • § 165-150 FREDERICK COUNTY CODE § 165-151 § 165-150. Reestablishing discontinued legally nonconforming use. Any use that was legally nonconforming under the provisions of this article and that was discontinued due to abandonment may be reestablished by obtaining a conditional use permit. Such conditional use permit shall be granted only for a use that is of equal or lesser nonconformity than the original use in relation to intensity, type of use, dimensional requirements or other requirements. Such requests to reestablish an abandoned use shall be considered following the procedures for conditional use permits in this chapter. § 165-151.. Expansion and modifications. A. Legally nonconforming uses, structures; and signs liste4 below may not expand. These uses and structures may be modified if the result decreases the degree of nonconformity. (1) Landfills. (2) Junkyards. (3) Trash heaps. (4) Automobile graveyards (5) Signs. B. Logally nonconforming uses listed below may expand or modify one time if the expansion or modification does not increase the degree of nonconformity and does not expand beyond 3,500 square feet or 50%, whichever is less. Measurements shall be based on gross floor area for structures and total land area for uses. (1) Parking lots. (2) Driveways. (3) Loading areas. (4) Outdoor.storage and processing areas. (5) Outdoor display areas. C. All legally nonconforming uses and structures not specified in §165-151A or §165-151 B may expand or modify one time if the expansion or modification does not increase the degree of nonconformity, and does not result in an overall expansion of more than 2,000 square feet or 50%. Measurements shall be based on A. 16682 s - 20 - 2002 0 0 Application Process Evaluation We would like to learn how we might improve this process. Please complete this form and submit it to the Planning Department. You can submit it to us separately from the application if you wish. You may submit it anonymously. 1. Which type of application did you complete? Rezoning Site Plan Master Development Plan Subdivision Conditional Use Permit Variance 2. Which part, if any, of the application process did you find particularly difficult? (Check as many as you wish.) Completing the application form Tax verification Agency review comments Adjoiner identification info 11 ation Other (Please specify) :3. Did you have a discussion with a staff member before submitting the application? YES NO 4. Were you able to receive the assistance or information that you needed from the staff? YES NO 5. What portion of this process took the longest for you? Completing plans Completing the application Tax Verification Agency review comments Other (Please specify) 6. What do you think could have been done differently to make this process quicker? 7. Do you have any suggestions about what we could do to make this process work better? May 17, 1996 (Y:Awp\cmn\bah_cr\applic,rev) 0 • ,1 . c• K�, ;fE,� Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA I. Applicant (The applicant if the t/ owner other) NAME: i� , � I 1� vi , - 1. ADDRESS: _ � f� (,� �f � ('t ►' D I r K r� �1y 1 Y 1 � f10 �,-� Y 4� l-I � (� (; ` TELEPHONE �,r� c��, �� ,�_ „� 5 2. Please list all owners, occupants, or parties in interest of the property: c _)t APR 12 2004 3. The property is located at: (please give exact directions and include the route number of your road or street) l i;C<<,�� H(I k t 4. The property has a road frontage of a `> feet and a depth of feet and consists of (Pleasa1 exact) acres. 5. The property is owned b evidenced by deed from y - V �� S' k '�� as c7 Nl K r t recorded in deed book no. (Previous owner) records of the C1— erk of the Cir— suit Court, Copage , as n ty in the Frederick. 6. Tax(Parcel)Identification (I.D.)No. Magisterial District - 1 - 3 3 Current Zoning i. Adjoining Property: North USE ZONING East South West N C S REQUESTING AGENT: LJ DEPT. OF yG�EOGRA-PDiC�7I-�NFOR7J�i�ATIIO�N SYSTEMS i'REDERICK,COVL�TY, rIRGI iIA r GIS, MAPPING, GRAPHICS CS CVO REQUEST DATE RECEIVED: % 0 REQUESTED COMPLETION DATE: 1 a� D Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: �� DESCRIPTION OF REQUEST: (Write additional information on back of DIGITAL: SIZES: COLOR: PAPER: FAX: BLACK/WHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: 1./U,Rt --4 16,2E TAIL- --_ HOURS REQUIRED: CHECK NO.# Frederick County GjS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) - 8. The type of use proposed is .(consult before completing) 9p TO:. Barbara - Data Processing FROM: Bev - Plan ing Dept. Please print sets of labels by: wii THANKS!!! / 9. It is proposed that -the following buildings will be. 'k, constructed: A f r e n ri v L u i &- ► n 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: ew �� /WA? 7? j`/11 NAME - 4- ADDRESS &Z lwlel;:� ice/,,,vC: 2z e _3 PROPERTY ID#_�%/•"'/�-/6„� A NAME �prZ44� Zj&j1A<S 5114' ,d ADDRESS W /I�O��i z-) PROPERTY ID# ql-A_14ej- NAME Z /-%/eft' ADDRESS✓ PROPERTY ID# �//� /�-/�Zi�� 22-&-103 NAME A(6 /r/ 12t9 ArnRE S S PROPERTY ID# Ljl.- !� rs5 i,J Q I D PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS ADDRESS Reasons to Deny the Conditional Use Permit for Roy R. Messick Prepared by: Laura L. Stewart 732 Marple Road Winchester, VA 22603 Denial Reasons • Potential health risk to neighbors • Unfavorable land features • Previous history of violating county zoning ordinances • Previous poor animal management practices Potential Health Risks •- Potential swine -borne illnesses include: • E. Coli • Listeria • Pfiesteria • Salmonella • For more detail visit: :)://www.hogwatchrfianitoba.or dh �thl.html • Potential ground water contamination from runoff • Potential increase in insect population due to manure piles and standing water. Unfavorable Geography • The Messick's property is at a higher elevation than the Stewart residence. (See map with elevations) • Runoff from the Messick's property already drains onto the Stewart property. (See photos) Previous History • Previous history of violating zoning ordinances — In FalUWinter of 2002, Mr. Messick built the structure shown in Exhibit 1. — At no time during the construction was a building permit displayed. — In early 2003, Mr. Messick bought and began raising -a number of hogs. — Also in early 2003, Frederick County advised Mr. Messick that the hogs had to be removed. • Previous poor management practices — Summer 1994: Mr. Messick's cows break through fence and wander onto Stewart property. — Repeated incidences between 1994 and the present. — Summer of 2003: New fencing installed along one boundary to the Stewart property. The fence bounding the rear of the Stewart property is still in need of repair. Photos y r tltl��'' ,I 1 J ,� +�•. �i� � �..n»:Wd.r✓�� 1�iy .;A,i.r' Jr.L �Yry�. 71 nl x �� +�/"•"!� °, f r � :';, ' �`��r� �; „mow ��.. y r �. •Ire. .. • . Concerns about Exhibit 1 • One hog excretes nearly 3 gallons of waste per day. (Source: http-.//wvvvv.post-qaze'tte.com/pq/03158/189643.stm) • 10 hogs would produce — 30 gallons of waste per day — 900 gallons of waste per month — 8400 gallons of waste per year • How would a man who has a day job and is away from the farm for 8 or more hours per day have the time to safely dispose of that much manure? Exhibit 3: View from Stewart back yard; upward slope NOTE: Hog enclosure is located just outside the left boundary of the photo Location enclos .:; .-. .. ,c Exhibit 5: Standing water on Stewart property NOTE: Runoff from hog pen area Plats -and Maps Map with Elevation contours - ----------- - ------ Line Drawing: Position of Stewart & Messick properties 749 \ E!en; 425 7-19 MAURICE \ 13.58 AC. C. L EGGS JR. str sTON TRACT ,423_66.4 Q 1 N58�'43'08"W- 6 RCO OAK R 4 88.36' N4 gyp, Ep i�1�1`� C�r�SSCr) 3�7 S,j °�ul 1 1. 38 N27'o8�-E..__--9 AC 57.9 3 W �,♦,h� w _ $3• ad 0" P Mr 0A.Of °g�N7 K o °C r,7a% .OA ♦� �� 2O(sa 417 '7 5 w0 de ;� i�$ huh yh ♦ S 3'��5 ��oM ►"' 290.4 M ssT 6 p,PL,[i. A N o —PIN OAK 0?HE R ALIAMIYW 27V81000 E 200. 00ROD r PCWD 2.000 ACRES 7 CEWERUNIE OF wVrIwA PIER � 7H sme" SHED T. (D CL -%f&D SNPU T FOYER y : .' RENOENCE AAVMALrl ANIMAL PEN POV (D f W* S 23' idol 76. nxp 'N UP RLIVAR M.4W IX Up -- — — — — — — — — — — — — — nMW PA429Wrr UB COMM ALUAMAW AW S 27V8'00" W 200. 00' FULM 2.100!4 70 IN7X. 2�—j A,# A lw**iRPLE ROAD R041 I'r. 654 40' R—O—W Conclusions • Deny the Conditional use permit • Protect the health and welfare of neighboring residents, not just the Stewart's. Other adjacent properties are also at lower elevations. • Do not amend current ordinances to alter the 200 foot set back. References httl3://www.hogwatchmanit httr)://www.post-gazette.com/pq/03158/189643.stm http://www.thepigsite.com '_ ' 4 ��1� � ! R4 �Ji'"" ��• '� 'is�. � r i+ l ,� r ', r. P v :d..0 f � a .. f .�... a dr �• +, ...'�� _ ti � ■ _.... _..0 � i �.�.J''t,'S �,7.1�� ^W 3T",' ..,e.�a._ .'_h!r A AiRraR�.$"�*�� .. �tY42'a a xa MaV407 ." k (�� e �*p4#. ,,77 r jJFM �' 1 '. , �� .Y�''•,� Tj.(. @' +s � .fir + ' Y ., o �'1 1 ear t � • . � +} ! f � �y, ♦ < a' ? � r Y� r Y , 1 t, �_. rY, �+ 'fir. °Ix "`�i"•+� f (x +"t` `- 11.E �r1 ` .c F , u 4v e iq`p Reasons to Deny the Conditional Use Permit for Roy R. Messick Prepared by: Laura L. Stewart 732 Marple Road Winchester, VA 22603 Denial Reasons • Potential health risk to neighbors • Unfavorable land features • Previous history of violating county zoning ordinances • Previous poor animal management practices Potential -Health Risks • Potential swine -borne illnesses include: • E. Coli • Listeria • Pfiesteria • Salmonella • For more detail visit: httP-//www._ho.. y Catch unit . r dheafth.html • Potential ground water contamination from runoff • Potential increase in insect population due to manure piles and standing water. Unfavorable Geography • The Messick's property is at a higher elevation than the Stewart residence. (See map with elevations) • Runoff from the Messick's property already drains onto the Stewart property. (See photos) Previous History • Previous history of _violating zoning ordinances — In Fall/Winter of 2002, Mr. Messick built the structure shown in Exhibit 1. — At no time during the construction was a building permit displayed. — In early 2003, Mr. Messick bought and began raising -a number of hogs. — Also in early 2003, Frederick County advised Mr. Messick that the hogs had to be removed. • Previous poor management practices — Summer 1994: Mr. Messick's cows break through fence and wander onto Stewart property. — Repeated incidences between 1994 and the present. — Summer of 2003: New fencing installed along one boundary to the Stewart property. The fence bounding the rear of the Stewart property is still in need of repair. Photos � i a rw ♦ r ♦ �� yea. . 1��" ~" ti r Concerns about Exhibit 1 • One hog excretes nearly 3 gallons of waste per day. (Source: http://www.post-gazette.com/pg/03158/189643.stm) • 10 hogs would produce — 30 gallons of waste per day — 900 gallons of waste per month — 8400 gallons of waste per year • How would a man who has a day job and is away from the farm for 8 or more hours per day have the time to safely dispose of that much manure? l ♦yh •{ r law '19 yet �y � � ,� . �" � : �! •.,+y � �• s"�. "r`c aM- �i it �... � ^\ . •= � . x .- .� h'� m� _..i��► , . .. ._ _ . lam. " _ .•r,., � Exhibit 3: View from Stewart back yard; upward slope NOTE: Hog enclosure is located just outside the left boundary of the photo Location o enclosu 77 lqwTll { �y � fit'•` `may, ,.i`. ��. . 44 OW- �S.µ d , N IYY � M1��R' t d ' "4 4gR0. n,,1"y •.a�., d � 4 x t �... Plats and Maps .~.~~p ~~"~"" ~-.~~~~=~.~~.. ~~.~..~~~~~.~~ Ara ----- ----- �� Line Drawing: Position of Stewart & Messick properties 749 \0 0 acne 425 7-19 MAURICE ` \ 13.58 C. l EGGE. .IR. AC. TRACT. 6 R 3[T STON 423- O N 58 43 08" W— a • ' 688.36O OAK N RED 17 aP g3725 � �';� a P� 'b�.� 11.38 .90 9 d 57.g3� _ ----- AC.S73 lot 4•LU I �R °o N�7.0VE fthur) 4 ac N IL h� pc�^ �� _ t .4 EI E " rift dv► / S6T 6 MAPLA A N p ZT -r1M OAK 0THE R MBAR MAW 4X '&p fRC4! FROOENrf ---_ $ IOOi t 70 IN7X. IW4#i/31-LC I7UI19L/ - t r- R041 " ®3 40't?-O-W Conclusions • Deny the Conditional use permit • Protect the health and welfare of neighboring residents, not just the Stewart's. Other adjacent properties are also at lower elevations. • Do not amend current ordinances to alter the 200 foot set back. References httiD://www.hogwatchmanit http://www.post-gazette.com/pg/03158/189643.stm http://www.thepigsite.com f k .Y �k g ' � w � v : ,,� . , :r �. � +°,e +.n �. � � y . ,. a � �' f ^ k� � ., �r� �] 's+�, .. A --t` � �. � � �.. a i '}" �" n III ,. � � ; �, t .may y -. ._ t� - �� • � '" K .... .. ..j ,� ; � - '.. . - - .� ,. .. .. mow. 3 , Mom. ; 4 J € M ni, ;i S �^-. -b M xk�� +��+'r 3 'fig' mR�R��,tk� .i.r� e a Ad"'' � d j.„r„j ,„ } .� i � � � r ,. t . Q � .51 �fR - `�+°� p } 'p� S � � 3 vF . .il 'q� # AkS.T � r ,. y.. 'l+k �; 5 f. ;. �� y ^•iry y �,T �" SY:k 5 4 q. I�'Y y: � € !� :. :� � kx �tf �'i4 F i�� -i ,uNy��s,j�y��" �P ;: +4 6 � Rf� f9€ '4 �9. ,6 t• , �r�i '� � ��ky. 'YY # r. �Y `'Y .4g*_„ �y,��.x }A4 � k � � ' C ." � &. � __ � +� ,yl M„1 VS 1 1 � � x € „k 7^'i % ;i Q A � .}�ikt "+"� i�,d t "^�r°�N`d � .. 1 . ° � �4*�k� �i, y.,� :w,�'�6�' e; .. *} � � � � �v'P� � }' �,.,5�,�`]� 5- € �, q,, r w; e .: ,N l.t .. u.' }.Y a k � e .f *$$,,,, ayY, A em 1d P tl� .J t �+!'�' �+f �_,..r C ��. ik'R t$i�k Y '�.r� J � � 1'r. 4�+fi;�d Mkl r.ii+��RA ' � � ?.�i4 . ,' 13� ,. F. �. �' 4 = y M��R.� '.R, .♦Iwo d �� "{. y, � aw k .. 7`"ss�k, �k �'. ... �� -'.4LC k..'t��..�.r i�`4�i r� COUNTY of FREDERICK Department of Planning and Development 5401665-5651 NOTIFICATION OF PUBLIC HEARING May 26, 2004 FAX: 540/ 665-6395 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #07-04 FOR ROY R. MESSICK, JR. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, June 9, 2004, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #07-04 of Roy R. Messick, Jr., for re-establishing a non -conforming use. The property is located at 686 Marple Road (Route 654) and is identified with Property Identification Number 41-A-163B in the Gainesboro Magisterial District. Any interested parties wishing to speak may attend this public 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, telephone number (540) 665-5651. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va..us. Sincerely, Mark R. Cheran - Plarmer I MRC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 w `N f This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, irginia: 41 A- - 163-B MESSICK, ROY RICHARD JR. 686 MARPLE RD WINCHESTER, VA. 22603.4146 41 - A- -163-A MAKOSKY, MARTHA M 662 MARPLE RD WINCHESTER, VA 22603.4146 41 - A- -162-F LEGGE, MAURICE C JR & SHARON L 700 MARPLE RD WINCHESTER, VA 22603.4147 41 - A- -162-B STEWART, STEPHEN M & LAURA L 732 MARPLE RD WINCHESTER, VA 41 - A- - 159- HIGH, ROY A 149 CREEPY CROW LN WINCHESTER,VA STATE OF VIRGINIA 22603.4147 22603.4046 COUN1Y OF FREDERICK I Mark R. Cheran, Planner I Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, do reby certify that M6k R. Cheran, Planner I for the De met of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and to&lty aforesaid. Given under my hand this el— .,,,( L day of C'2-1101//. My commission expires on S , >)A � L J. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 5, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #07-04 FOR ROY R. MESSICK, JR. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 19, 2004, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #07-04 of Roy R. Messick, Jr., for re-establishing a non -conforming use. The property is located at 686 Marple Road (Route 654) and is identified with Property Identification Number 41-A-163B in the Gainesboro Magisterial District. Any interested parties wishing to speak may attend this public 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 ofPlanning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Sincerely, A `r ark R. Cheran Planner I MRC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 k This is to rtify that the attached correspondence was mailed to the following on "7from the Department of Planning and Development, Frederick ounty irginia: 41 - A- -163-B MESSICK, ROY RICHARD JR 686 MARPLE RD WINCHESTER, VA. 41 - A- -163-A MAKOSKY, MARTHA M 662 MARPLE RD WINCHESTER, VA 6 CW) C �_ 22603.4146 22603.4146 41 - A- - 162-F LEGGE, MAURICE C JR & SHARON L 700 MARPLE RD WINCHESTER, VA 22603.4147 41 - A- - 162-B STEWART, STEPHEN M & LAURA L 732 MARPLE RD WINCHESTER, VA 22603.4147 41 - A. -159- HIGH, ROY A 149 CREEPY CROW LN WINCHESTER, VA 22603.4046 Mark R. Cheran, Planner I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County aforesaid, do he by certify that Mar R. Cheran, Planner I for the D par ent of Planning and Development, whose name is signed to the foregoing, dated '11� D C , has personally appeared before me and acknowledged the same in my S ate 4nd ounty aforesaid. A� Oo Given under my hand this � day of My commission expires on Aza C;�'. NOTARY P BLIC TO: Barbara - Data Processing 'Roy �eS clefp FROM: Bev Plan ling Dept. /` Please print sets of labels by: 8. The type of use proposed is (consult wit 0 THANKS111 before completing) 1/y n D 7'6 rno 0a u 9. It is proposed that -the following buildings will be. constructed: A I r o r� �i u i S F Ina 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 ADDRESS PROPERTY ID# ql—,4 -AG3 A �✓i�G 2 ,� NAME ArZ46 /kI }v 044d ADDRESS PROPERTY ID# NAME Pj2w,?/2/. Sly- i- EA L A1a/91 ADDRESS PROPERTY ID# NAME � G/v 120 j/ A ADDRESS PROPERTY ID# PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS NAME ADDRESS PROPERTY ID# I�rv� 2z��3 22.:,13 / 41 A 163 41 A 159 HIGH 41 A 162F LEGGE 41 A 163B MESSICK 41 A 163A MAKOSKY 41 A 162B STEWART 41 A 163 LEGGE 41 A 169A COMPHER 41 A 169B MESSICK 9i 41 A 169C IJUSTICE MESSICK 41 A 169D MESSICK 169E I j-/ I / ",*,�l / / A CUP #07-04 Roy R. Messick, Jr PIN: 41 -A - 163B N W+ E s 0 200 Feet