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085-18 (CUPAlishaFeltner) CONDITIONAL USE PERMIT #02-18 ALISHA FELTNER Cottage Occupation; Nail Salon Staff Report for the Board of Supervisors Prepared: April 16, 2018 Staff Contact: Mark R. Cheran, Zoning Administrator Reviewed Action Planning Commission: 04/04/18 Public Hearing Held; Recommended Approval Board of Supervisors: 04/25/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a cottage occupation for an in- home nail salon located within a single-family detached structure. LOCATION : The subject property is located at 464 Layside Drive, Winchester. EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION FOR THE 04/25/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in-home nail salon located within a single-family detached structure. This use would be operated from one room in the basement of the dwelling. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain rural in nature. This proposed CUP meets the definition of a cottage occupation and based upon the limited scale, it appears this use would not have any significant impacts on the adjoining properties. Should the Board of Supervisors find this use appropriate, the Planning Commission would recommend the following conditions be placed on the CUP: 1.All review agency comments and requirements shall be complied with at all times. 2.No signage allowed with this Conditional Use Permit. 3.Hours of operation shall be 10:00 a.m. to 4:00 p.m., Monday through Friday. 4.No more than eight (8) customers per week. 5.No employees permitted, beyond those residing on the premises. 6.Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #02-18, Alisha Feltner April 16, 2018 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 04/04/18 Public Hearing Held; Recommended Approval Board of Supervisors: 04/25/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a Cottage Occupation for an in- home nail salon located within a single-family detached structure. LOCATION : This property is located at 464 Layside Drive, Winchester, Virginia MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-129 PROPERTY ZONING: RA (Rural Areas District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential Page 3 CUP #02-18, Alisha Feltner April 16, 2018 REVIEW EVALUATIONS: Virginia Department of Transportation: The proposed business is located on a private road and therefore VDOT has no comments. Frederick County Inspections: Area shall comply with The Virginia Existing Building Code, The Virginia Uniform Statewide Building Code and Section 302-B, Business Use Group of the International Building Code/2012. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities. Conditional use of existing basement area as nail spa. A change of use permit is required. Please submit a detailed floor plan with your permit. A mechanical permit and an electrical permit is required for the installation of the required ventilation. Each nail station shall be provided exhaust with a source caption system of 50 cfm per station. Lever type hardware shall be provided on all doors along the accessible route and business areas. 20% ANSI A117-09 rule apples. Frederick County Fire Marshall: Conditional Use Permit (CUP) approved provided that all areas that pertain to this CUP have: At least one 5lb. 2A:10BC fire extinguisher be hung & tagged in a readily accessible location in the area being used as a business. At least one smoke detector be installed in the area of the business. Winchester-Frederick County Health Department: The Health Department has reviewed the request for comments for a Conditional Use Permit for a proposed nail service business, to be operated out of a home located at 464 Layside Drive, Winchester, VA 22602; Tax Map #51-A- 129. Based upon records on file with this Health Department, the residence is served by a sewage disposal system capable of treating 600 gpd, or 4 (four) bedrooms, with a maximum occupancy of 8 (eight) persons. The dwelling is served by a private water supply, or well. The owner/applicant says that there will be a maximum of 8 customers/week, with the business operating 2 (two) days/week. Each customer will require a maximum of about 4-5 hrs. each visit. According to the occupant, there are currently 3 (three) full-time occupants living in the home. It is the opinion of this Health Department that the operation of this home business will not adversely affect the sewage disposal system or water supply serving the dwelling. This Health Department recommends that the applicant choose products that are not harmful to the proper operation of the sewage disposal system. Page 4 CUP #02-18, Alisha Feltner April 16, 2018 Planning and Zoning: The 2035 Comprehensive Plan provides guidance when considering land use actions. This proposed in-home nail salon is located in an area of the County intended to remain rural in nature. The Frederick County Zoning Ordinance allows a nail salon as a cottage occupation in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). A cottage occupation is defined as: COTTAGE OCCUPATION - An occupation or profession customarily carried on in a dwelling unit or an accessory building, which: A. Actually is carried on wholly within the principal residential building or an accessory building or structure; B. Is carried on by no more than one person other than members of the family residing on the premises; and C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes. The proposed use will take place within one room of the - family dwelling. The Applicant is proposing one pedicure chair, one nail counter, a waiting area and a retail counter as depicted on the sketch provided in the application. There will be no employees and no more than eight (8) customers per week will be permitted. The hours of operation will be from 10:00 a.m. - 4:00 p.m., Monday through Friday. The Applicant has agreed to the customer number limitation, hours of operation, and days of operation. There will be no signs with this Conditional Use Permit. STAFF CONCLUSION FOR THE 04/04/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in-home nail salon located within a single-family detached structure. This use would be operated from one room in the basement of the dwelling. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain rural in nature. This proposed CUP meets the definition of a cottage occupation and based upon the limited scale, it appears this use would not have any significant impacts on the adjoining properties. Should the Planning Commission find this use appropriate, Staff would recommend the following conditions be placed on the CUP: 1.All review agency comments and requirements shall be complied with at all times. 2.No signage allowed with this Conditional Use Permit. 3.Hours of operation shall be 10:00 a.m. to 4:00 p.m., Monday through Friday. 4.No more than eight (8) customers per week. Page 5 CUP #02-18, Alisha Feltner April 16, 2018 5.No employees permitted, beyond those residing on the premises. 6.Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 04/04/18 MEETING: Staff reported this is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in-home nail salon located within a single-family detached structure. Mr. Cheran continued the property is currently zoned RA (Rural Areas) District and the current land use is residential. Staff noted the surrounding properties are also zoned RA and the uses are residential. Mr. Cheran provided a location map of the property. Staff continued, the Zoning Ordinance allows a nail salon as a cottage occupation in the RA (Rural Areas) District with an approved Conditional Use Permit. Staff explained, this proposed use will take place within one room of the basement -family dwelling. Staff noted, the Applicant is proposing one pedicure chair, one nail counter, a waiting area, and a retail counter as depicted on the sketch provided by the Applicant. Staff presented the conditions as recommended: All review agency comments and requirements shall be complied with at all times. No signage allowed with this Conditional Use Permit. Hours of Operation shall be 10:00 a.m. to 4:00 p.m., Monday through Friday. No more than eight (8) customers per week. No employees permitted, beyond those residing on the premises. Any expansion or change of use shall require a new Conditional Use Permit. A Commission Member stated a letter was received from the Home Owners Association (HOA) stating there are no businesses allowed in the homes, he reminded everyone this is a private covenant and outside the hands of the County. Staff explained the HOA does have private covenants and the Applicant has met the requirements of a Cottage Occupation. Mr. Roderick Williams, County Attorney, clarified the letter from the HOA actually states there are no restrictions in the covenants preventing a home-based business. Julie Zuckerman residing at 220 Layside Drive came forward with her concerns of the traffic this will generate, the disruption to their peaceful private neighborhood, and she feels this will open the door for other businesses to evolve in the subdivision creating an issue to the security of everyone residing there. Lisa Creamer of 427 Layside Drive read from the covenants which state: all said lots shall be used for residential purposes only. Ms. Creamer shared her concerns with traffic and the disruption in privacy. Bettina Eutsler of 181 Sawyer Lane stated this subdivision is for residential purposes only and Page 6 CUP #02-18, Alisha Feltner April 16, 2018 businesses should not be allowed. Ms. Eutsler noted the HOA has not voted on this. Laura Clark of 393 Layside Drive shared her concerns with traffic and the privacy of longtime residents being disturbed. William Hudnutt of 357 Layside Drive and the President of the HOA commented the covenants do not restrict this home-based business; this will be an agenda item at the annual meeting and to restrict this, the declaration would have to be changed. Mr. Hudnutt noted the HOA is scheduled to meet on May 12, 2018. David Hershey of 269 Pinnacle Ridge commented his concern is opening the door for future businesses within the development. Laura Sperling of 256 Sawyer Lane echoed the concerns of her neighbors regarding traffic, privacy, and security. Alisha Feltner, the Applicant came forward and explained; her clients would consist of eight (8) a week. Ms. Feltner noted she has been doing nails for over 16 years and she respects her neighbors. A Commission Member asked the Applicant if she has been doing nails out of this location prior to this CUP. Ms. Feltner replied no she has not. The Commissioner commented he does not see how eight (8) people a week would disturb the neighborhood. A Commission Member commented, the Planning Commission needs to vote how it will affect the County and surrounding area and not apply the covenants of the HOA since that is a private matter. A Commission Member stated he respects the neighbors and the Planning Commission needs to look at this as being acceptable based on the conditions; eight (8) people a week is not many. A motion was made, seconded, and unanimously passed to recommend approval. (Note: Commissioners Thomas and Triplett were absent from the meeting) EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION FOR THE 4/25/18 BOARD OF SUPERVIORS MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in-home nail salon located within a single-family detached structure. This use would be operated from one room in the basement of the dwelling. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain rural in nature. This proposed CUP Page 7 CUP #02-18, Alisha Feltner April 16, 2018 meets the definition of a cottage occupation and based upon the limited scale, it appears this use would not have any significant impacts on the adjoining properties. Should the Board of Supervisors find this use appropriate, the Planning Commission would recommend the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. No signage allowed with this Conditional Use Permit. 3. Hours of operation shall be 10:00 a.m. to 4:00 p.m., Monday through Friday. 4. No more than eight (8) customers per week. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 206 SAWYER LN SAWYER LN CUP # 02 - 18 181 SAWYER LN Alisha Feltner PIN: 51 - A - 129 256 Nail Salon SAWYER LN Zoning Map 181 SAWYER LN 427 LAYSIDE DR CUP #02-18 51 A 129 461 LAYSIDE DR 340 SAWYER LN 340 SAWYER LN 475 LAYSIDE DR 479 Applications LAYSIDE DR Parcels 269 Building Footprints PINNACLE RIDGE RD B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) 269 PINNACLE HE (Higher Education District) RIDGE RD M1 (Light Industrial District) Note: CUP # 02 - 18 M2 (Industrial General District) Frederick County Dept of MH1 (Mobile Home Community District) Alisha Feltner Planning & Development I MS (Medical Support District) 107 N Kent St PIN: Suite 202 OM (Office - Manufacturing Park) 51 - A - 129 Winchester, VA 22601 Nail Salon R4 (Residential Planned Community District) 540 - 665 - 5651 Zoning Map R5 (Residential Recreational Community District) Map Created: February 28, 2018 RA (Rural Areas District) Staff: mcheran RP (Residential Performance District) 070140280Feet 206 SAWYER LN SAWYER LN CUP # 02 - 18 181 SAWYER LN Alisha Feltner PIN: 51 - A - 129 256 Nail Salon SAWYER LN Location Map 181 SAWYER LN 427 LAYSIDE DR CUP #02-18 51 A 129 461 LAYSIDE DR 340 SAWYER LN 340 SAWYER LN 475 LAYSIDE DR 479 LAYSIDE DR 269 PINNACLE RIDGE RD 269 PINNACLE RIDGE RD Note: CUP # 02 - 18 Frederick County Dept of Alisha Feltner Planning & Development I 107 N Kent St PIN: Suite 202 51 - A - 129 Winchester, VA 22601 Nail Salon 540 - 665 - 5651 Location Map Applications Map Created: February 28, 2018 Parcels Staff: mcheran Building Footprints 070140280Feet