HomeMy WebLinkAbout06-13 BOS Staff ReportCONDITIONAL USE PERMIT #06-13
KAREN GARVER
Staff Report for the Board of Supervisors
Prepared: January 16, 2014
Staff Contact: Mark R. 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: 01/15/14 Recommended Approval
Board of Supervisors: 01/22/14 Pending
EXECUTIVE SUMMARY:
This is a request for a Cottage Occupation – Nail Salon.
Should the Planning Commission find this use appropriate, Staff would suggest 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 4:30 p.m. to 7:30 p.m., Monday through Thursday.
4. No more than two (2) customers per day.
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 the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
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CUP #06-13, Karen Garver
January 16, 2014
LOCATION: This property is located at 114 Lakeside Drive.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75B-6-A-20A
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Land Use: Open Space
South: RP (Residential Performance) Land Use: Residential
East: RP (Residential Performance) Land Use: Residential
West: RP (Residential Performance) Land Use: Residential
PROPOSED USE: This application is for a Cottage Occupation – Nail Salon.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 1037, the VDOT facility which
would provide access to the property. Existing entrance is adequate for proposed use. However,
should use ever expand in the future, the entrance may have to be upgraded to VDOT
commercial standards.
Frederick County Fire Marshall: Plans approved as submitted.
Frederick County Inspections: Areas of the existing structure that will be utilized shall comply
with Use group B (Business), of The Virginia Construction Code 2009. Please submit a floor
plan of the area at the time of change of use building permit application. Ventilation shall be
provided in accordance with the International Mechanical Code. After permit issuance and
inspection approvals are confirmed a new certificate of use and occupancy shall be issued.
Frederick County Sanitation Authority: No comments at this time.
Winchester-Frederick County Health Department: Health Department has no objection to
the above stated request so long as public water and sewer are utilized.
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CUP #06-13, Karen Garver
January 16, 2014
Planning and Zoning: The 2030 Comprehensive Policy Plan of Frederick County
(“Comprehensive Plan”) provides guidance when considering land use actions. The location of
this proposed nail salon business is in part of County that is to remain urban in nature. The
Frederick County Zoning Ordinance allows a nail salon as cottage occupation in the RP
(Residential Performance) zoning district with an approved Conditional Use Permit. The
proposed use will take place within the applicant’s dwelling. There will be no employees with
use, and the customer base two (2) customers per day and no more than twenty (20) customers a
month. The hours of operation will be Monday through Thursday from 4:30 P.M.-7:30 P.M. The
applicant has agreed to the customer base, hours, and days of operation. There will be no signs
with this Conditional Use Permit. Based upon the limited scale of the proposed use and
evaluation of the property, it appears this use would not have any significant impacts on the
adjoining properties.
STAFF CONCLUSIONS FOR THE 01/15/14 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would suggest 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 4:30 p.m. to 7:30 p.m., Monday through Thursday.
4. No more than to two (2) customers per day.
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 the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
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CUP #06-13, Karen Garver
January 16, 2014
PLANNING COMMISSION SUMMARY AND ACTION OF THE 1/15/14 MEETING:
Commission members inquired of the applicant if she was required to be licensed by the State of Virginia
or if the Health Department was involved with her business. They raised the issue to determine if the
State or Health Department may have restrictions on the number of customers per day. Commissioners
said even though the applicant had stated she would have no more than two customers per day, it seemed
an extremely restrictive number for a business. They reasoned that if the applicant’s business reached the
potential where there may be more than two clients per day, they did not want to see the applicant go
through the expense and inconvenience of applying for a revised conditional use permit to accommodate
more customers.
The applicant stated she was required to be licensed by the State of Virginia and she carried both an
aesthetician’s license and a nail technician’s license; she had no contact with the Health Department. The
applicant was not aware of any restrictions by the State on the number of customers and was agreeable to
having the number of clients increased to four per day.
A Commissioner also inquired if retail was allowed with this particular business and the staff replied yes,
if the retail is associated with the cottage occupation.
There were no citizen comments, either in favor or opposition.
The Planning Commission voted unanimously to recommend approval of this conditional use permit with
the conditions recommended by the staff and with the revision to Condition #4 to allow no more than four
customers per day, instead of two, as follows:
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 4:30 p.m. to 7:30 p.m., Monday through Thursday.
4. No more than four (4) customers per day.
5. No employees permitted, beyond those residing on the premises.
6. Any expansion or change of use shall require a new Conditional Use Permit.
(Note: Commissioners Mohn and Marston were absent from the meeting)