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HomeMy WebLinkAbout08-07 BOS Staff Report CONDITIONAL USE PERMIT #08-07 WAYNE AND MELLISA FAUVER Staff Report for the Board of Supervisors Prepared: January 7, 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: 01/02/08 Recommended Approval Board of Supervisors: 01/23/08 Pending LOCATION: This property is located at 441 Marple (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-54-D PROPERTY ZONING & PRESENT` USE: Zoned: RA (Rural Areas) 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: Residential West: RA (Rural Areas) Land Use: Residential PROPOSED USE: This application is for a proposed public garage with body repair (auto restoration). CUP #08-07, Wayne & Mellisa Fauver January 7, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 654, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial must be constructed to VDOT standards to allow for safe egress and ingress of the property. Any work performed on the State’s right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee ($40.00) & surety coverage ($2,500.00). The entrance will have to be constructed according to State standards for Standard Private Subdivision Road/Street Entrance. This includes in part: a minimum 24 feet wide and paved 25 feet into the entrance or right-of-way, whichever is longer. A minimum sight distance of 390’ must be obtained and then maintained. Positive drainage must be maintained during and after construction. Frederick County Fire Marshall: Plans approved as submitted. Frederick County Inspections: Existing building shall comply with The Virginia Uniform Statewide Building Code, The International Existing Building Code and Sections 311, S (Storage) of the International Building Code/2003. Other Code that applies is ICC/ANSI A117.1-03 and Usable Buildings and Facilities. A change of use permit shall be required and a new certificate of use and occupancy shall be issued prior to operation. Please submit a floor plan of the building at the time of permit application and indicate all egress door locations. Employees shall have minimum plumbing fixtures provided within travel distance requirements (500’) of the International Plumbing Code. Frederick-Winchester Health Department: The Health Department has no objection to the request as stated so long as total number of occupants in the home does not exceed six. If the number does not exceed six total occupants, one employee can be added for each occupant slot. For example, if four people currently occupy the property as occupants/dwellers, the two employees are allowable if the bathroom facilities are located in the detached garage. The occupant/dweller and employee total should never exceed six at any time. All are considered 24 hour occupants even if habitation/occupation is part time. Planning and Zoning: Public garages with auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP), provided that all repair work takes place entirely within an enclosed structure. This proposed use will be conducted in an existing garage approximately 3,500 square feet in size. This property and the surrounding properties are heavily wooded for natural screening of this proposed use, and are currently zoned RA. The nearest buildings or dwellings are more than one-hundred (100) feet from this property and no more than five (5) vehicles waiting for repair are allowed at one time. Section 165-47 of the Frederick County Zoning Ordinance allows up to five (5) inoperable vehicles on property that is zoned RA (Rural Areas), if the vehicles and exterior storage of parts and equipment are properly screened. CUP #08-07, Wayne & Mellisa Fauver January 7, 2008 Page 3 No more than two (2) employees allowed with this proposed use. There will be no vehicle sales, nor unrelated repair sales, allowed with this Conditional Use Permit. STAFF CONCLUSIONS FOR THE 01/02/08 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 two (2) employees allowed with this Conditional Use Permit. 3. The applicant will be limited to repairing only five (5) vehicles at a time. 4. No more than five (5) inoperable vehicles on the property at any given time. 5. All repair activities shall occur entirely within the 3,500 square foot enclosed structure. 6. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. 7. Any business uses outside the repair realm of the Conditional Use Permit is not permitted. 8. Any proposed business sign shall conform to Cottage Occupation sign requirements, and shall not exceed four (4) square feet in size. 9. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/02/08 MEETING: The adjoining property owner on the north side commented about inadequate screening provided by deciduous trees through the cold seasons; he suggested the addition of evergreen shrubs and trees to supplement the existing wooded area. In addition, he said his driveway onto Marple Road did not have good sight distance for pulling out and he expressed safety concerns; he inquired about the amount and type of traffic the proposed business would generate. He also inquired about the size and type of vehicles awaiting repair and expressed concern about the possibility of the use affecting his property value. CUP #08-07, Wayne & Mellisa Fauver January 7, 2008 Page 4 The applicant agreed to provide additional screening, with either board-on-board fencing or landscaping, whichever the adjoining property owner preferred. The applicant said he will only be repairing pick-up trucks and street vehicles and the road traffic generated will probably be only three to four vehicles per week. Commission members agreed that deciduous trees alone may not provide adequate screening during parts of the year. They also questioned VDOT’s comments regarding site distance and a commercial entrance in light of the low intensity of the proposed business. Staff suggested VDOT meet with the applicant on site to evaluate what is appropriate for the use. The Planning Commission voted unanimously to recommend approval of the CUP with the understanding that concerns raised by the adjoining property owner will be addressed and with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than two employees allowed with this conditional use permit. 3. The applicant will be limited to repairing or restoring only five vehicles at a time. 4. No more than five inoperable vehicles on the property at any given time. An opaque screen must be installed to screen the inoperable vehicles from the adjacent property. 5. All repair activities shall occur entirely within the 3,500 square-foot enclosed structure. 6. Hours of operation shall be from 7:00 a.m. to 7:00 p.m. 7. Any business use outside the repair realm of the conditional use permit is not permitted. 8. Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four square-feet in size. 9. Any expansion or change of use shall require 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.