HomeMy WebLinkAbout07-08 BOS Staff Report
CONDITIONAL USE PERMIT #07-08
MARTIN DEISEROTH
Staff Report for the Board of Supervisors
Prepared: August 26, 2008
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: 08/06/08 Recommended approval
Board of Supervisors: 09/24/08 Pending
LOCATION: This property is located at 1471 Shockeysville Road (Route 671).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 07-4-3-4
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Land Use: Residential
South: RA (Rural Areas) Land Use: Residential
East: RA (Rural Areas) Land Use: Vacant
West: RA (Rural Areas) Land Use: Vacant
PROPOSED USE: This application is for a Cottage Occupation – Home Office/Accounting.
.
REVIEW EVALUATIONS:
VIRGINIA DEPARTMENT OF TRANSPORTATION: The application for a Conditional
Use Permit for this property appears to have little measurable impact on Route 671, 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.
CUP #07-08, Martin Deiseroth
August 26, 2008
Page 2
FIRE AND RESCUE: Plan approved as submitted.
INSPECTIONS DEPARTMENT: The area of the existing building to be utilized shall comply
with The Virginia Uniform Statewide Building Code, International Existing Structures Code and
Sections 304, use group B (Business) of the IBC International Building Code/2006. Other Code
that applies is CABO A117.1-03 for a change of use building permit. Permit shall be issued and
final inspection approval granted with a new certificate of occupancy issued prior to operation of
the business. Please note, IEB section 506 exception #1 (ADA 20% rule) shall apply for change
of use, renovations or additions for accessibility.
HEALTH DEPARTMENT: The Health Dept. has no objection if there is to be no increase in
quantity or quality of wastewater to be disposed into the alternative sewage disposal system
serving the property.
Planning and Zoning: The Frederick County Zoning Ordinance allows cottage occupation in
the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The
proposed cottage occupation-accounting office would occur at the applicant’s residence, with no
other structures associated with this CUP located on site. There will only be one employee (the
owner) associated with this cottage occupation. Based on the limited scale of this proposed use
and review agency comments, it appears that this use will not have any significant impacts on
adjoining properties.
STAFF CONCLUSIONS FOR THE 08/06/08 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the
following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. No more than one (1) employee allowed, other than members of the family residing on the
premises, with this Conditional Use Permit.
3. No more than ten (10) customers per week.
4. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall
not exceed four (4) square feet in size.
5. Any expansion or modification of facilities will require a new Conditional Use Permit.
CUP #07-08, Martin Deiseroth
August 26, 2008
Page 3
PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/06/08 MEETING:
There were no citizen comments made during the public comment portion of the hearing. No
issues or concerns were raised by the Planning Commission. The applicant was available to
answer questions. 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. No more than one employee allowed, other than members of the family residing on the
premises, with this conditional use permit (CUP).
3. No more than ten customers per week.
4. Any proposed business sign shall conform to cottage occupation sign requirements and
shall not exceed four square-feet in size.
5. Any expansion or modification of facilities will require a new conditional use permit
(CUP).
(Note: Commissioners Kerr, Ruckman, and Triplett were absent from the meeting.)