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HomeMy WebLinkAbout02-09 PC Staff ReportCONDITIONAL USE PERMIT #02-09 LEROY HARRISON Staff Report for the Planning Commission Prepared: April 20, 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 Pending 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 in an effort 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. 1. Entrance must be relocated as shown. 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. Operation 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 April 20, 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 Page 3 Conditional Use Permit #02-09 Leroy Harrison April 20, 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.