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Charlie Williams' horse Penny waits for hay in her stable.
Though Charlie Williams has farmed his Falmouth property for decades, a Stafford County zoning ordinance change passed this spring requires him to seek a special exception to keep his family's horse Penny there.
Charlie Williams, 81, rakes a field on his 9-acre farm off U.S. 17 as his quarter horse Penny grazes. After he brought |
By CATHY DYSON
If Charlie Williams had gotten another horse soon after ol' Colonel Luke died, he wouldn't be in the fix he is now.
Instead, the 81-year-old is on the wrong side of a zoning ordinance after a change to the Stafford County Code adopted this spring. Because it has been more than two years since he had a horse, he can't have a pony or palomino on the land his family has farmed since World War II.
"This is something he's had all his life, and all of a sudden, the county just butts into his business," said Ken Mills, a longtime friend. "It's amazing what they can do to you, and you don't even know it's been done."
Williams lives on Musselman Road, behind Olde Forge off U.S. 17. Traffic from Interstate 95 roars in the distance, but the area still has a rural feel.
His 9-acre property is in land use, which means it's assessed based on its agricultural use, not its market value.
It's zoned suburban residential. Horses and ponies are allowed on 3 acres or more if residents get a special exception.
Williams assumed he was covered under a grandfather clause because his property always has been home to cattle, chickens and the occasional mule. He's known for his exotic birds and still has a flock of poultry numbering about 200.
He has had horses most of his life. Colonel Luke, a quarter horse, was great company for 38 years.
Williams, who never married, planned to get another horse after Luke died in 1999, but other issues came along. He was scheduled for knee surgery when he learned he needed a five-way heart bypass. Then his brother and sister died.
Williams eventually got a filly named Penny for the daughter of his nephew, Robert Williams, and boarded her elsewhere for three years while the girl took riding lessons.
He brought the horse home in July. Less than two hours after Penny hit the paddock, Williams had a knock on his door.
Williams said a zoning official told him in a threatening tone to get rid of the horse because it didn't belong there.
"Oh, my Lord," Williams said, shaking his head and the straw hat atop it. "It stayed in my mind a long time."
Because Williams has a severe speech impediment, his nephew made several calls to the Planning Department on his behalf. He learned that the issue went beyond zoning and how the family has used the property for more than 60 years.
In March, the Stafford Board of Supervisors amended the county code to address buildings and property uses that don't conform to zoning laws.
A section called "discontinuance" applies to Williams. He was right that he was grandfathered in, as long as he had a horse, said Planning Director Jeff Harvey.
But because he didn't have one for more than two years, he discontinued that use of the property, Harvey said.
To keep Penny legally, Williams needs a special exception. He paid the $300 application fee, and his nephew filed 11 copies of the plat and site plan, along with verification that he has paid his taxes.
The Board of Zoning Appeals will hear his case Oct. 28.
Several residents of Musselman Road, including two who didn't want to be identified, believe Williams should be able to do what he wants with his property.
"Let him keep whatever he has," said Mary Jett. "He's been paying taxes all these years."
His nephew feels the same way.
"It looks like a man who's lived here as long as Charles should have some rights, especially when he's not changed anything," Robert Williams said. "It's not like he's trying to put a grizzly bear or an elephant up there."
Cathy Dyson: 540/374-5425
Email: cdyson@freelancestar.com
