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HomeMy WebLinkAbout02-08 PC Staff Report CONDITIONAL USE PERMIT #02-08 GREGORY AND JOANN SMITH Staff Report for the Planning Commission Prepared: April 17, 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 Pending 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. CUP #02-08, Gregory and JoAnn Smith April 17, 2008 Page 2 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. CUP #02-08, Gregory and JoAnn Smith April 17, 2008 Page 3 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. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.