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HomeMy WebLinkAbout10-16 BOS Staff ReportCONDITIONAL USE PERMIT #10-16 WILLIAM CONLEY – Cottage Occupation, Furniture Repair Staff Report for the Planning Commission Prepared: March 31, 2017 Staff Contact: Mark Cheran, Zoning Administrator 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 request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 03/01/17 Recommended Approval Board of Supervisors: 04/12/17 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a Cottage Occupation for a Furniture Repair Shop. Should the Planning Commission find this application for a furniture repair shop to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency requirements shall be complied with at all times. 2. No retail sales shall be permitted. 3. Hours of operation Monday-Friday 8:00 a.m. to 5:00 p.m. 4. No employees other than those residing on the property. 5. One (1) Cottage Occupation sign. 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 #10-16, William Conley March 31, 2017 LOCATION: This property is located at 5738 North Frederick Pike, Winchester, Virginia. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 19-A-25D PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land 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/Vacant West: RA (Rural Areas) Use: Residential PROPOSED USE: Cottage Occupation-Furniture Repair REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 522, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed u se. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Inspections: Area shall comply with The Virginia Existing Building Code, The Virginia Uniform Statewide Building Code and Section 311 – S-Storage Use Group of the International Building Code/2012. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Building Facilities. Conditional Use of partial area in existing garage. A change of use permit is requir ed. Please submit a detailed floor plan with your permit that indicates the floor area in the existing garage that will be used for business use. Separation of garage area shall be maintained as required in IRC Section 302.5. Storage of flammable/combustible liquids shall be in accordance with T 307.1.1. Storage of such Page 3 CUP #10-16, William Conley March 31, 2017 liquids shall be in an approved storage container as required under International Fire Code/National Fire Protection Agency for the type of liquid stored. Winchester-Frederick County Health Department: The Frederick County Health Department cannot approve addition of employees. Public use of restroom cannot be approved. Health Department has no objection to the furniture repair business operated by residents of house on property. Frederick County Fire Marshall: Plans approved. Approved as long as 3 conditions are met. At least 1 5lb ABC fire extinguisher be installed and tagged in the shed. At least one (1) working smoke detector installed in the shed. The fire department has access to the shed and be maintained at all times. Planning and Zoning: The Frederick County Zoning Ordinance allows cottage occupations in the Rural Areas (RA) Zoning District with an approved Conditional Use Permit (CUP). This proposed cottage occupation will be for a furniture repair business located within an attached garage 21’x 25’ in area. The Applicant intends to have two (2) customers per week to the property. The only employees with this CUP shall be those residing on the property. Hours of operation per the Applicant shall be Monday-Friday 8:00 a.m. to 5:00 p.m. This use will have two (2) customers per week. Staff has not added a condition limiting the amount of customers. The Planning Commission may include one if desired. The subject property is not in an area where a land use study has been adopted by the County. The proposed Cottage Occupation is consistent with the goals of the 2035 Frederick County Comprehensive Policy Plan. Specifically, land use goals for the rural areas of the County identify the importance of maintaining a rural character in areas outside of the Urban Development Area (UDA). Based on the limited scale of the applicant’s proposed cottage occupation, it appears it would not have negative impacts on adjoining properties or detract from the rural character of the area. If approved, the applicant may have one cottage occupation sign no greater than four (4) square feet in size. STAFF CONCLUSIONS FOR THE 03/01/17 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency requirements shall be complied with at all times. 2. No retail sales shall be permitted. Page 4 CUP #10-16, William Conley March 31, 2017 3. Hours of operation Monday-Friday 8:00 a.m. to 5:00 p.m. 4. No employees other than those residing on the property. 5. Any expansion or change of use shall require a new conditional use permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/01/17 MEETING: Staff reported this application is for a Cottage Occupation/Furniture Repair Shop and the property is located on North Frederick Pike (Route 522 North) and is zoned RA (Rural Areas) District and the land use is Residential. Staff continued, the Frederick County Zoning Ordinances allows a Cottage Occupation in the Rural Areas Zoning District with an approved CUP (Conditional Use Permit). Staff explained this proposed Cottage Occupation will be for a furniture repair business located within an attached garage approximately 21’x25’ in area. Staf f recommended the following conditions: 1. All review agency comments shall be complied with at all times. 2. No retail sales shall be permitted. 3. Hours of operation Monday-Friday 8:00 a.m. to 5:00 p.m. 4. No employees other than those residing on the property. 5. One cottage occupation sign is permitted. 6. Any expansion or change of use shall require a new conditional use permit. A Commission Member asked if this business has been in operation at this location for some time. Staff explained that is correct; this came to the Planning Department as a zoning violation; to resolve the violation the CUP has been brought forth. The Commission Member asked the Applicant if he understood and agrees to all of the conditions presented by Staff. Th e Applicant stated he understands the conditions and Staff explained them well. A motion was made, seconded, and unanimously passed to recommend approval of CUP #10-16 for William Conley. Absent: Ambrogi, Manuel Oates CONCLUSION FOR THE 04/12/17 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a Cottage Occupation for a Furniture Repair Shop. Should the Planning Commission find this application for a furniture repair shop to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency requirements shall be complied with at all times. Page 5 CUP #10-16, William Conley March 31, 2017 2. No retail sales shall be permitted. 3. Hours of operation Monday-Friday 8:00 a.m. to 5:00 p.m. 4. No employees other than those residing on the property. 5. One (1) Cottage Occupation sign. 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.