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HomeMy WebLinkAbout03-07 PC Staff Report CONDITIONAL USE PERMIT #03-07 JAMES AND BARBARA BAYLISS Staff Report for the Planning Commission Prepared: March 15, 2007 Staff Contact: Lauren E. Krempa, Zoning Inspector 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: 04/04/07 Pending Board of Supervisors: 04/25/07 Pending LOCATION: This property is located at 2680 Northwestern Pike (Route 50 W). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52-A-56 PROPERTY ZONING & PRESENT` USE: Zoned: RA (Rural Areas) Land Use: Residential with an approved Conditional Use Permit for the operation of a Real Estate Office (CUP #09-04). ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Agricultural South: RA (Rural Areas) Land Use: Vacant/Agricultural East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Residential PROPOSED USE: Continued operation of the approved real estate office under CUP #09-04 and an expansion of the existing business sign on the property from a maximum of four square feet to a maximum of twelve square feet. CUP #03-07, James and Barbara Bayliss March 15, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 50, 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. Frederick County Fire Marshall: No significant increase in fire department response. Health Department: Health Department has no objection to request. Frederick County Inspections: Area of the building utilized shall comply with The Virginia Uniform Statewide Building Code and section, 304, use group B (Business), of the International Building Code/2000. Other Code that applies is CABO A117.1-98 Accessible and Usable Buildings and Facilities. Please submit a floor plan of the area at the time of change of use building permit application for review. Permit shall be issued, inspections approved and new certificate of occupancy issued prior to operation. Planning and Zoning: This application is an expansion of the previously approved Conditional Use Permit (CUP) #09-04, approved by the Board of Supervisors on July 14, 2004 for a cottage occupation for a real estate brokerage. CUP #09-04 permitted a cottage occupation sign (four square foot sign) in association with the approved cottage occupation. The applicant is proposing to expand the allowable business sign size to twelve square feet. This proposed application is in response to a complaint that staff received regarding a sign on the property larger than the allowed four square feet. The applicant was sent a letter of revocation of CUP #09-04 unless a new CUP application was submitted. The Frederick County Zoning Ordinance continues to allow cottage occupations in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The proposed use would continue to occur at the applicant’s residence and the conditions associated with CUP #09-04 would not change, with the exception of the allowable signage, however approval of this application will void the previously existing CUP #09-04. There will be no large scale real estate sales activity located on site. The customer base is managed over the telephone and computer, with no more than five (5) customers at any one time on site. There will be no employees associated with this proposed use, other than those residing in the dwelling. Based on the limited scale of this proposed use and evaluation of the property, it appears that the expansion of the business signs for this use would not have any significant impacts on the adjoining properties. However, in accordance with Section 165-30H(2) of the Frederick County Zoning Ordinance, cottage occupation signs shall not exceed four square feet in size. Therefore, since this application is not in conformance with the signage regulations of the Zoning Ordinance, this proposed expansion of the cottage occupation signage for this property may not be appropriate despite the limited impacts on adjoining properties. STAFF CONCLUSIONS FOR THE 04/04/07 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. Approval of this conditional use permit will void CUP #09-04 2. All review agency comments and requirements shall be complied with at all times. 3. No more than five (5) customers at any one time on site. 4. No employees other than residents of the property. 5. Any proposed business sign shall not exceed twelve (12) square feet in size. 6. Any expansion or change of use will require 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.