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minutes of fauquier county board of zoning appeals october 4, 2007

minutes of fauquier county board of zoning appeals october 4, 2007

14 Mr. Don Lecher,

14 Mr. Don Lecher, applicant, spoke in support of the granting of this special permit. Mr. Lecher stated that the location is ideal for this business since the property is well buffered and screened from the adjoining neighbors. Mr. Lecher further stated that any noise and traffic levels associated with this business will be minimal. In that there were no further speakers, Mr. Meadows closed the public hearing. On motion made by Mrs. Mailler and seconded by Mr. Russell, it was moved to grant the special permit, after due notice and hearing, as required by Code of Virginia §15.2-2204 and Section 5- 009 of the Fauquier County Code, based upon the Board’s findings: 1. The proposed use will not adversely affect the use or development of neighboring properties and will not impair the value of nearby land. 2. The proposed use is in accordance with the applicable zoning district regulations and applicable provisions of the Comprehensive Plan. 3. Pedestrian and vehicular traffic generated by the proposed use will not be hazardous or conflict with existing patterns in the neighborhood. 4. Adequate utility, drainage, parking, loading and other facilities are provided to serve the proposed use. 5. Air quality, surface and groundwater quality and quantity will not be degraded or depleted by the proposed use to an extent that would hinder or discourage appropriate development in nearby areas. The special permit is granted subject to the following conditions, safeguards, and restrictions upon the proposed uses, as are deemed necessary in the public interest to secure compliance with the provisions of this Ordinance: 1. The use shall be consistent with the application submitted for this special permit. 2. No more than twenty-nine (29) guest dogs shall be allowed on the property at any time, with four (4) additional dogs allowed as pets. 3. All dogs kept at Top Dog Resort shall weigh twenty-five (25) pounds or less. 4. Arrivals to Top Dog Resort shall be by appointment only. 5. Arriving and departing dogs shall be leashed at all times. 6. The applicant shall make provisions for maintenance of the vegetation and trees. 7. All animal waste shall be properly disposed of at the County landfill. 8. The fenced area for dogs shall be reduced so that it does not extend beyond the existing tree line; alternatively, the larger fenced area shown may be provided with an evergreen buffer

15 planted along the driveway to the front of the house sufficient in nature so as to visually screen the dog boarding use from adjoining property owners. 9. No employees other than the applicants, Mr. and Mrs. Lecher, shall be allowed. 10. No sign larger than two (2) square feet shall be allowed for the use. 11. A site plan is required for this use. 12. This special permit shall be granted for a period of three (3) years. The motion carried unanimously. SPECIAL PERMIT #SPPT08-CR-013, WAT LAO BUDDHAVONGSA TEMPLE TRUSTEES (OWNERS/APPLICANTS) – WAT LAO BUDDHAVONGSA TEMPLE Applicants are requesting an amendment to a previously approved special permit to allow for the expansion of an existing place of worship, PIN #7933-31-4068-000 and 7933-51-1023-000, located at 3043 Catlett Road, Cedar Run District, Catlett, Virginia. Mr. Horton reviewed the staff report, a copy of which is attached to and made a part of these minutes, and stated that a site visit was made earlier in the day. Mr. Meadows opened the public hearing. Ilene Tognini, Esquire, representative, expressed agreement with the staff report. Ms. Tognini stated that a local company has offered to donate several trailers, which will be used for cultural and meditation classes, religious instruction, and general meetings. Ms. Tognini stated that the other storage buildings on the property can be removed to come into compliance with Zoning regulations. Ms. Tognini also stated that applicant wishes to replace the current sign with one that is marble. Mr. Meadows requested clarification about the number and size of the special events held at the temple. Ms. Tognini stated that in addition to the monthly worship services with 50 in attendance, there are also larger gatherings, which are held quarterly and special gatherings, which are held twice a year. Ms. Tognini further stated that, while no counts have actually been taken at these quarterly events, she agrees with the approximate amount of 1,000 people. Ms. Johnson stated that these events are considered an extension of worship service just like a church holding a revival. Ms. Johnson further stated that while the original special permit did not limit the number of attendees at these events, this matter can be addressed if this application is approved. Ms. Janice Sanford, a neighbor, spoke in opposition to the granting of this special permit. Ms. Sanford expressed concern about the increased traffic and noise during events held at the facility.

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