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HomeMy WebLinkAbout02-08 BOS Staff ReportCONDITIONAL USE PERMIT #02-08 GREGORY AND JOANN SMITH Staff Report for the Board of Supervisors Prepared: May 21, 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: 05/07/08 Recommended Approval Board of Supervisors: 05/28/08 Pending LOCATION: This property is located at 181 Ridings Mill Road (Route 709). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85-A-10J PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: RA (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Agricultural West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for a cottage occupation – nail salon. Page 2 CUP #02-08 Gregory and JoAnn Smith May 21, 2008 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a conditional/special use permit for this property appears to have little measurable impact on Route 709, the VDOT facility which would provide access to the property. Existing entrance is adequate for the 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: Plan approval recommended. 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. Conditional Use of 10x10 area as salon studio within existing Residential R5 shall comply with ANSI A117 and International Building Code for entrance and parking. Existing floor framing 2x10 @16 of for 50 lb sq ft loading (spanning 12’6”). Existing garage shall serve as handicap parking to accommodate when needed. Entrance stairs shall conform to IBC Section 1009.3 for rise/run max 7” and min tread width is 11”. Mechanical venting per IMC if deemed required. Frederick-Winchester Health Department: The subject property is served by a new sewage disposal system for which an Operation Permit was issued by this office on 1/3/2008. The system capacity is 600 gallons per day. The system was permitted and approved by a private section Authorized Onsite Soil Evaluator, not the Health Department as required by the Code of Virginia. Therefore, the Health Department has no other comment except for the following recommendations: 1) The system capacity should not be exceeded. 2) The sewage disposal system should only receive domestic waste which does not include any chemicals which may be generated by the business. Planning and Zoning: A nail salon business is a permitted use as a cottage occupation in the RA Rural Areas zoning district with an approved Conditional Use Permit. The proposed use will take place on a 4.8308 acre parcel located in the RA (Rural Areas) Zoning District. There is currently one (1) dwelling located on the property. The property is surrounded by RA-zoned properties with natural woodlands. The closest dwelling is approximately 150 feet from the location of the proposed use. The proposed use will take place within the applicant’s dwelling in a 10 x 10 room accessed by an exterior door leading to a gravel driveway. The room to be used for the proposed use is equipped with one nail station for preparing the nails and one drying station that are capable of serving one customer at a time. The applicant has agreed to limit the hours and days of operation, as well as the number of customers that will be seen each week. Page 3 CUP #02-08 Gregory and JoAnn Smith May 21, 2008 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 05/07/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions: 1. All review agency comments shall be complied with at all times. 2. No business signs shall be permitted. 3. No other employees, other than those residing in the household. 4. Hours of operation shall be permitted from 7 AM to 6 PM, Monday through Friday. 5. There shall be a maximum number of twenty (20) customers allowed weekly. 6. Any expansion or modification of this use will require the approval of a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/07/08 MEETING: One citizen came forward to speak during the public comment portion of the hearing; he was speaking on behalf of his brother, who owned several of the undeveloped adjoining lots around the Smith property. He said they were supportive of the request; however, they requested that the Health Department’s comment be specifically added to the conditions on the permit. The Health Department had commented that the sewage disposal system should only receive domestic waste which does not include any chemicals generated by the business. He was concerned because the lots in this area are composed of shale and do not perk well; he was concerned about chemicals possibly getting into the groundwater. The applicants came forward and stated that all of the waste from the operation is sealed and properly disposed; no chemicals go into the sewage system. The applicants had no problems with the requested Health Department statement being added to the conditions. The Planning Commission voted unanimously to recommend approval of the conditional use permit with the addition of the Health Department statement to Condition #1, as follows: Page 4 CUP #02-08 Gregory and JoAnn Smith May 21, 2008 1. All review agency comments shall be complied with at all times. No chemicals may be put into the sewage disposal system. 2. No business signs shall be permitted. 3. No other employees, other than those residing in the household. 4. Hours of operation shall be permitted from 7:00 a.m. to 6:00 p.m., Monday through Friday. 5. There shall be a maximum number of 20 customers allowed weekly. 6. Any expansion or modification of this use will require the approval of a new conditional use permit. Following the required 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.