HomeMy WebLinkAbout02-09 BOS Staff ReportCONDITIONAL USE PERMIT #02-09
LEROY HARRISON
Staff Report for the Board of Supervisors
Prepared: May 18, 2009
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: 05/06/09 Recommended approval
Board of Supervisors: 05/27/09 Pending
EXECUTIVE SUMARY: This is a request to update and amend Conditional Use Permit #010-
82 by deleting the following conditions listed below to re-open an existing public garage:
1. This is a one-year permit to be reviewed annually by the staff, the Planning
Commission and the Board of Supervisors.
2. If the use, occupancy or ownership of the property changes, this conditional use permit
shall expire and a new conditional use permit will be required.
3. Entrance must be relocated as shown.
At their meeting on May 6, 2009, the Planning Commission recommended approval of this use
with the following conditions placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. Outside storage limited to less than five (5) vehicles and screened by an opaque fence.
3. Limited to the applicant and one (1) employee.
4. All repair activities shall occur entirely within the enclosed structure.
5. The applicant will be limited to repairing only five (5) vehicles at a time.
6. Any expansion or change of use shall require a new Conditional Use Permit.
Page 2
Conditional Use Permit #02-09
Leroy Harrison
May 18, 2009
LOCATION: This property is located at 8365 North Frederick Pike (Route 522).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 11-A-52
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas) Zoning District
Land Use: Public Garage
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Land Use: Country Store
South: RA (Rural Areas) Land Use: Vacant
East: RA (Rural Areas) Land Use: Residential
West: RA (Rural Areas) Land Use: Residential
PROPOSED USE: This application is to enable a property transfer of an existing auto repair
business.
REVIEW EVALUATIONS:
Virginia Department of Transportation: N/A
Fire and Rescue: N/A
Inspections Department: N/A
Winchester Regional Airport: N/A
Historic Resources Advisory Board: N/A
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Conditional Use Permit #02-09
Leroy Harrison
May 18, 2009
Planning and Zoning: This property is subject to the conditions of CUP #010-82, approved for
a public garage by the Frederick County Board of Supervisors on August 11, 1982. Currently,
this public garage has not been in operation but meets all of the requirements of the conditions of
CUP #010-82. This use will be conducted on a five acre parcel approximately 100 feet or more
from any adjoining properties. The applicant is requesting to update and amend CUP #010-82,
by deleting the following conditions:
1. This is a one-year permit to be reviewed annually by the staff, the Planning
Commission and the Board of Supervisors.
2. If the use, occupancy or ownership of the property changes, this conditional use permit
shall expire and a new conditional use permit will be required.
3. Entrance must be relocated as shown.
Conditions 1 and 2 are no longer required by Frederick County; condition 3 has been
implemented.
The original conditions are included for your reference.
STAFF CONCLUSIONS FOR THE 05/06/09 PLANNING COMMISSION MEETING:
This is a request to update and amend an existing Conditional Use Permit for a public garage.
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. Outside storage limited to less than five (5) vehicles and screened by an opaque fence.
3. Limited to the applicant and one (1) employee.
4. All repair activities shall occur entirely within the enclosed structure.
5. The applicant will be limited to repairing only five (5) vehicles at a time.
6. Any expansion or change of use shall require a new Conditional Use Permit.
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Conditional Use Permit #02-09
Leroy Harrison
May 18, 2009
PLANNING COMMISSION SUMMARY AND ACTION OF THE MAY 6, 2009
MEETING:
Referring to the three conditions to be deleted from the approved 1982 permit, staff noted that
Conditions #1 and #2 no longer apply in Frederick County and Condition #3, Entrance to be
relocated, had already been met according to VDOT.
The applicant, Mr. Leroy H. Harrison, wanted to operate the garage as a supplement to his
regular income, due to the economic down turn. He planned to do some work on the weekends.
Mr. Harrison said he understood and agreed with all six conditions of the CUP.
One adjoining property owner came forward with concerns the garage might negatively impact
his property value. He had questions about the conditions of the permit and what constituted a
violation of the permit.
The Planning Commission unanimously recommended approval of the CUP with the conditions
as recommended by the staff, as follows:
1. All review agency comments and requirements shall be complied with at all times.
2. Outside storage limited to less than five vehicles and screened by an opaque fence.
3. Limited to the applicant and one employee.
4. All repair activities shall occur entirely within the enclosed structure.
5. The applicant will be limited to repairing only five vehicles at a time.
6. Any expansion or change of use shall require a new conditional use permit.
(Note: Chairman Wilmot and Commissioners Kerr and Watt were absent from the meeting.)