HomeMy WebLinkAbout03-23 Violation LetterCOUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
CERTIFIED MAIL
January 5, 2023
Evan Lundin
159 Larrick Lane
Middletown, VA 22645
RE: 159 Larrick Lane
Property Identification Number (PIN): 91-3-5
Zoning District: RA (Rural Areas)
Dear Property Owner:
This office received a complaint regarding an illegal business, described as a kennel for
dogs at the above-referenced property. The business web page is listed on
marketplace.akc.org as DBF Russell Terriers. Also, business pages on breeders.net and
gooddog.com advertise for the same type of service at the same location. Research of
Frederick County records does not show an approved business license for a kennel
operation at the above-referenced property. A kennel is not allowed within the RA (Rural
Areas) Zoning District.
The Frederick County Zoning Ordinance defines a Kennel: As a place prepared to house,
board, breed, handle or otherwise keep or care for dogs for sale or in return for
compensation. One (1) litter of dogs breeding for compensation per household per year
shall not be defined as a kennel and be confided as a home occupation.
Research of Frederick County records does not show an approved business license for a
kennel operation at the above-referenced property. Therefore, the business operation at
the above-referenced property constitutes a violation of Section 165-401.02 of the
Frederick County Zoning Ordinance. Furthermore, in accordance with Section 165-
401.03 of the Frederick County Zoning Ordinance, Kennels within the RA (Rural Are as)
Zoning District are only allowed with an approved Conditional Use Permit. Frederick
County records does not show an approved CUP for the above -referenced property.
Therefore, the kennel is a violation of Section 165-401.03 of the Frederick County
Zoning Ordinance.
This office will allow thirty (30) days from receipt of this letter to resolve this violation.
Specifically, resolution of these violation may be accomplished by removing the kennel
from this property. Failure to comply with the Frederick County Zoning Ordinance will
result in a criminal complaint being filed against you.
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RE: 159 Larrick Lane
January 5, 2023
You may have the right to appeal the above notice of violation within 30 days of the date
of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision
shall be final and unappealable if it is not appealed within 30 days. Should you choose to
appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning
Appeals (BZA) in accordance with Article X, Section 165-1001.02(1), of the Frederick
County Zoning Ordinance. This provision requires the submission of an application form,
a written statement setting forth the decision being appealed, the date of decision, the
grounds for the appeal, how the appellant is an aggrieved party, any other information
you may want to submit, and a $250.00 filing fee. Once the appeal application is
accepted, it will be scheduled for public hearing and decision before the BZA.
If you have any questions, contact me at (540) 665-5651.
Sincerely,
Bryton Dean
Zoning Inspector