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Home My WebLink About12-05 ApplicationAPPEAL APPLICATION #12 -05 4io c °�y DONALD CONRAD Staff Report for the Board of Zoning Appeals Prepared: May 9, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: May 17, 2005 - Pending - - LOCATION: The property is located at 712 Dicks Hollow Road MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER(S): 41 -A-50A PROPERTY ZONING & USE: Zone: Land Use: RA (Rural Areas) District Residential ADJOINING PROPERTY ZONING & USE: Zone: RA Zone: RA t: Zone: RA Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165 -50, permitted uses in the RA (Rural Areas) District. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator pertaining to permitted uses in the RA District. Appeal Application 412-05, Donald Conrad May 9, 2005 Page 2 STAFF COMMENTS: The applicant was cited by Frederick County for an illegal trucking operation at 712 Dick Hollows Road. The applicant has been operating three (3) over - the -road trucks from this location. Section 165 -50 of the Frederick County Zoning Ordinance prohibits the operation of trucking in the RA (Rural Areas) Zoning District. Frederick County has traditionally and customarily allowed over - the -road drivers to park one (1) truck at their residence in the RA Zoning District. Trucking operations are a permitted use in B -3 (Industrial Transition), M -1 (Light Industrial) and M -2 (General Industrial) Zoning Districts of Frederick County. STAFF CONCLUSIONS FOR THE MAY 17, 2005 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165 -50, regarding trucking operations in the RA (Rural Areas) Zoning District. e m LL y o d ¢ J J LL 0 LO .0 N OLO CZ U o LL O o ¢ a s y / ay /1l a ° Q � W N £ la J N D O ,`13L'b'JLbW N'faHlbN fr�bS � v � e m _ 09 b lb a 3 b O S Hb e T d`y� O O -Al .�yY �LUI - `r3 LL 3 1i W V 3vJ pav a 2�`2 UM K 2 y a Slb13NS3WVf '837SVH� W A Ask COUNTY of FREDERICK Department of Planning and Development 5401665 -5651 FAX: 5401665 -6395 March 25, 2005 Donald Conrad 712 Dicks Hollow Rd Winchester, VA 22603 Certified Mail RE: 712 Dicks Hollow Road; Property Identification Number (PIN): 41 -A -50A Zoning District: RA (Rural Areas) Dear Mr. Conrad: On March 23, I visited the above - referenced property in response to a complaint regarding the alleged operation of an illegal business. My inspection of the site revealed the presence of an illegal trucking business including the storage of three dump trucks. In accordance with Section 165 -50 of the Frederick County Zoning Ordinance, a trucking business is not a permitted use in the RA (Rural Areas) Zoning District. Therefore the storage of three dump trucks constitutes a violation of the provisions of section 165 -50. This office will allow thirty (30) days from receipt of this letter to resolve this violation. Specifically, resolution of this violation may be accomplished by removing the dump trucks from the above - referenced property. Failure to comply with the Zoning Ordinance could result in a criminal complaint being filed against you. You may have the right to appeal this notice of violation within thirty (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 thirty (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 XXI, Section 165- 155A(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. Please do not hesitate to contact me regarding any questions that you may have at (540) 665 -5651. Sincerely, Patrick R. Sowers Planning Technician PRS /dlw .. _. 11 . .. ...... ..I. .r____ --- __ 11 in. 1n n. nj APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED O FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner V other (Check one) 2. APPLICANT: NAME: D %I(,(It ADDRESS TELEPHONE: OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): rrt?n ors L o l �o pl i Jq& > 2 I z -'0)AS W 4. Magisterial District: 5. Property Identification No.: 41 -- P " A 6. The existing zoning of the property is: 7. The existing use of the property is: kes;clP.,htZG- 9. Adjoining Property: USE ZONING North East South West 9. Describe the decision being appealed. (Attach a copy of the written decision.) 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) i01c- ''I l Hcz.vQ- (2 ( - 1 - )L— Dr vr.v I� �� cif �'f rs r C K?d(.nct �Z� c�L �rticicS �rY� : iR2rmn4 —e Itz� hers �a C Sri r_ S 11. Additional comments, if any: 40 0 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Property Identification Number I► Dr, ti i E � l w i Address -20 Q Gft-S ) -k)116 i,1 Px) 6 ?, '40 , Property ID # (4 LZV )d vJ e o x:,lc , U/ C IGVPJC" A Address 74q /// /f /� '. �� / , ".iUy is /r) � `�U�� ✓K/4if+0 Property rD # y A t� 7 G rrr I b,A,, @vnnc, A Zlcrolf Address /7v�1 Property ID # � /4 C C unds� 1CGl�annc /�1Galwfel l�i)e ddress GrJh�S f r4d Z 6i:h G Property ID # 411 q- 6 c�V"I L'PP ins "Tr C Address 30 -ku tiI II C. 2, '25 Property ID # A N Pr� L CI13 -41,re "Tr /� Address I U U Ti�� I �i� ��/lc�'� c 2 Z1 o Z Property ID # ��orul 2u { c�I FF'e Address - 7) 6 N/ 2 Z (J 3 Property ID # 7 Address Property ID # Address Property ID # Address Property ID # Address Property ID # 4y W M 13 0 0 AGREEMENT APPEAL # j„? —0$ I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT SIGNATURE OF OWNER (if other than applicant) DATE DATE - OFFICE USE ONLY - BZA PUBLIC HEARING OF '51/1 ACTION: DAT - APPEAL OVERRULED APPEAL SUSTAINED SIGNED , 'h � CX'T BZA CHAI AN DATE: 5 117 f 0,S;_ File. 0 d Use ApplicetionsWpplicstion FmmsMPPE L Revised. 01/1 4/03 or fa -O p TO: BARBARA -DATA PROCESSING _ a6 NieAb FROM: Bev Planning Dept. Y/'4-5�z /f Please print sets of labels by 12. The following names and addresses are all of the individuals, i THANKSII property adjacent to the property for which the appeal is being sougi�., .. _ __o r_ -r sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Property Identification Number I�I."m I/ i/ -/ M V !)r hIe,J f i3ckkw;4 Tr Nc.vlu- Address Property ID# LJ J -4 L4 Lb'V`d n n Address Zh4PU,'dlj� tS nc ` ZU y Property ID # y 7 ) - 3 f30A is A 2-l"4 y / g L Address /7Z // w U�/fy G��7� 2 Property ID # 1^ Und<y. , kiclfirnnc �7G rri w t� Ilk G�s}rlf �ri�r , A ddress 6,4 Property ID # c�cs� Leg- 14r t,"s Te / Address Property ID # a �- Nt'aL Ck2- J Ire T 7 aek I IV: Address /U@ , W)0h,1 Gam. t% • a 2ue2_ Property ID # 9/, Z— Cs[_ouf�c. Address - 7i C Di G< A) /V 124 Property ID # 7 4 " • l� Ray C, 1 Marys, S Address qzr, ] tl 11 K l stc- .¢ 22 Property ID # (! — A Address Property ID # Address Property ID # Address Property ID # tl; 3 aim Ell