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HomeMy WebLinkAbout04-11 BOS Staff ReportCONDITIONAL USE PERMIT #04-11 CHRISTOPHER DeCANIO & JANET DeCANIO Staff Report for the Board of Supervisors Prepared: April 28, 2011 Staff Contact: Mark R. Cheran, Zoning and Subdivision 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: 04/20/11 Recommended approval Board of Supervisors: 05/11/11 Pending EXECUTIVE SUMMARY: This is a request for a Cottage Occupation - Counseling Office. The Planning Commission forwarded a recommendation of approval for this application to the Board of Supervisors with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant shall provide and delineate two (2) parking spaces for this use. 3. No signage allowed. 4. No more than eight (8) clients per day. 5. 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 #04-11, Christopher DeCanio & Janet DeCanio April 28, 2011 LOCATION: This property is located at 1445 Senseny Road. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 54-A-133 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residence ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residence South: RP (Residential Performance) Land Use: Residence East: RP (Residential Performance) Land Use: Residence West: RP (Residential Performance) Land Use: Open Space PROPOSED USE: This application is for a Cottage Occupation - Counseling Office. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 657, 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: Buildings shall comply with The Virginia Uniform Statewide Building Code and Section 304-B, Business Use Group of the International Building Code/2003. Other Code that applies is ICC/ANSI A117.1-03 Accessible and Usable Buildings and Facilities. Change of Use for Conditional use of existing garage as counseling service within existing Residential R-5 shall comply with ANSI A117 & International Building Code for entrance and parking. Electrical, Mechanical and Plumbing permits may be required in addition to a building permit. Existing garage will require a building permit to change into office (future). Mechanical venting per IMC if deemed required. Please submit floor plan at time of application for building permit application. Plan should indicate materials used in constructing any partitions. (i.e., 2x4 @24” oc.) Page 3 CUP #04-11, Christopher DeCanio & Janet DeCanio April 28, 2011 Frederick County Department of Public Works: No comments Frederick County Sanitation Authority: There is adequate sewer capacity and water capacity and pressure to serve this site. Frederick-Winchester Health Department: Health Department has no objections to the request so long as public water and sewer are utilized. Planning and Zoning: Cottage occupations are allowed within the RP (Residential Performance) with an approved Conditional Use Permit (CUP). This proposed cottage occupation will be conducted within the residence, and ultimately will move to a garage converted for the use, separate from the residence. This proposed use will have no more than eight (8) clients per day. Access to this property will be via Senseny Road on an existing driveway and two parking spaces will be required for this use. The property is surrounded by residential properties, and based on the limited scale of this proposed use and evaluation of the property, it appears that this proposed use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 04/20/11 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. The applicant shall provide and delineate two (2) parking spaces for this use. 3. No signage allowed. 4. No more than eight (8) clients per day. 5. Any expansion or change of use shall require a new Conditional Use Permit PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/20/11 MEETING: Commissioners had questions concerning the various exterior structures and whether those structures were located on the applicant’s property and what they were used for. The applicant’s representative replied that the various structures surrounding the residence were a part of the old farm that pre-dated this subdivision and were not currently being used. There was some uncertainty as to which property some of the structures were located. Page 4 CUP #04-11, Christopher DeCanio & Janet DeCanio April 28, 2011 There were no citizen comments. The Planning Commission believed this use was appropriate at this location and the conditions were appropriate for mitigating any impacts of the use. The Planning Commission unanimously recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant shall provide and delineate two parking spaces for this use. 3. No signage allowed. 4. No more than eight clients per day. 5. Any expansion or change of use shall require a new conditional use permit. (Note: Commissioners Triplett and Unger were absent from the meeting.) 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.