PC_12-03-80_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room, 12/3/80.
PRESENT: C. Langdon Gordon, Chairman; James Golladay, Frank Brumback,
Vice - Chairman; Manuel C. DeHaven; W. French Kirk; Kenneth
Stiles; Herbert Sluder.
CALL TO ORDER
The Chairman called the meeting to order. The first order
of business was the consideration of the minutes of August 20, 1980.
Mr. Kirk noted that the second "the" in paragraph two on page 9 should
be deleted. There being no further corrections, Mr. Kirk made a
motion the minutes be approved as corrected. This was seconded by Mr.
Stiles and passed unanimously.
BIMONTHLY REPORT
Mr. Golladay first questioned Conditional Use Permit Request
of Shirley Meade.
Mr. Horne explained that the Conditional Use Permit is for a
trailer and explained that the variance is for another trailer on the
same site.
Chairman Gordon next accepted the Bimonthly Report as
information.
Mr. Stiles next made a motion to go into executive session
to discuss legal matters under Section 2.1 -334.6 of the Code of
Virginia. This was seconded by Mr. Brumback and passed unanimously.
Mr. Stiles then moved to return to regular session. This
was seconded by Mr. Kirk and passed unanimously.
PUBLIC HEARINGS
CONDITIONAL USE PERMITS
Conditional Use Permit Request #020 -80 of Lucy Luttrell and Ruth A.
Whetzel for an Antique Shop in the Opequon Magisterial District.
ACTION - Recommend approval with conditions
1202
The Secretary first gave background information, noting that
the Health Department has no objection to the request and that a plot
plan would be the only other thing required.
Mr. W. D. Luttrell and Mrs. Lucy Luttrell came forward and
introduced themselves to the Commission.
Mr. Luttrell explained that there is no building there now.
In answer to Mr. Golladay's question, Mr. Luttrell explained
that hours of operation would only be a part of each day, with no
night time hours.
Mr. Golladay made a motion to recommend approval of this
Conditional Use Permit Request with the following conditions:
1. This be a five year permit to be reviewed annually by
the staff.
2. Hours of operation be daylight hours.
3. I.f the use is discontinued or occupancy of the building
changes, this Conditional Use Permit shall expire and a
new Conditional Use Permit will be required.
This was seconded by Mr. Stiles and passed unanimously.
BE IT RESOLVED, that the Planning Commission does recommend approval
of this Conditional Use Permit #020 -80 of Lucy Luttrell and Ruth A.
Whetzel with conditions as outlined above.
DISCUSSION OF PROPOSED OR DINANCE AMENDMENTS
Mr. Riley first questioned if it was the Planning
Commission's desire to have family variances the same lot size in A -1
and A -2 zones.
[sir. Brumback noted still being in favor of instituting
another District of "prime agricultural land ", noting that the County
is not all the same classification.
1203
Discussion next centered on the re- establishment of a
discontinued non - conforming use with a conditional use permit.
Mr. Stiles commented that you should not lock people out
since things can sometimes get tied up in Court.
Mr. Horne remarked that as it is now a person could come
back say ten years later and want to re- establish a non - conforming use
in an area that has changed.
Mr. Stiles remarked that by deleting Section 21 -150 (b) the
Planning Commission would be eliminating this option.
Mr. Stiles questioned if Section 21 -6.1 regarding tenant
housing would allow bona fide agricultural use housing for tenants of
a farm with out the division of land.
Discussion next ensued regarding the direction the Planning
Commission would like to go in regarding temporary measures to get a
handle on subdivision activity in the County.
Mr. Golladay next made a motion that staff be directed to
advertise the Ordinance Amendment to Section 21 -6.1 with the addition
of the "bona fide farm tenant house" in the definition section under
Accessary Use and Structure This was seconded by Mr. DeHaven and
passed unanimously.
BE IT RESOLVED, that the Planning Commission does hereby direct the
staff to advertise proposed ordinance changes to Section 21 -6.1 with
the addition of "bona fide farm tenant houses ", under the definition
of Accessary Use and Structure in the definition section.
There being no further business to come before the
Commission, Mr. Golladay made a motion the meeting be adjourned. This
was seconded by Mr. Kirk and passed unanimously.
Respectfully Submitted,
Jgfii��y, Sdcr ary
. Lancfdon Gordon, Chairman
1204