HomeMy WebLinkAbout09-05 BOS Staff ReportCONDITIONAL USE PERMIT #09-05
RICHARD HEISEY
Staff Report for the Board of Supervisors
Prepared: December 22, 2005
Staff Contact: John D. Kirby, 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: 12/07/05 Recommended Approval
Board of Supervisors: 01/11/06 Pending
LOCATION: This subject property is located at 663 Dicks Hollow Road (Route 663).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 41-A-40D
PROPERTY ZONING & PRESENT` USE: Zoned: RA (Rural Areas) District
Land Use:
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Land Use: Vacant
East: RA (Rural Areas) Land Use: Residential
South: RA (Rural Areas) Land Use: Residential
West: RA (Rural Areas) Land Use: Residential
PROPOSED USE: Cottage Occupation – Woodworking Shop
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional/special use permit for this
property appears to have little measurable impact on Route 608, 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 #09-05, Richard Heisey
December 22, 2005
Page 2
Fire Marshall: Adequate turnaround provisions for fire apparatus must be maintained, a vertical
clearance of 13.5 feet over the entire roadway width must also be maintained. A minimum of 4 inch
high posted address numbers visible from the street or road fronting the property as required by the
International Fire Code section 505.1. Open burning of waste materials is prohibited under IFC
307.2.2. Two portable fire extinguishers with a minimum rating of 2A,10BC are required. One at
the storage area of flammable liquids and wood product storage and one at the main building exit.
Spray finishing shall comply with the attached copy of IFC 1504.1.4. Plan approval recommended.
Inspections Department: Existing buildings shall comply with The Virginia Uniform, Statewide
Building Code and Sections 306, Use Group F (Factory and Industrial) of the International Building
Code/2000. Other Code that applies is IBC/ANSI A117.1-98 Accessible and Usable Buildings and
Facilities. A change of use permit is required and a new certificate of use shall be issued prior to
operation. Please submit a floor plan of the building at the time of change of use building permit
application. HC parking and access to the building is required.
Health Department: Health Dept. has no objection as along as there are no more than eight people
allowed on the drainfield.
Planning and Zoning: This proposed Conditional Use Permit (CUP) is for a Cottage Occupation,
for a woodworking shop business. This proposed use will take place on seven acres of land located
in the RA (Rural Areas) Zoning District off of Dicks Hollow Road. This business will be conducted
in a 30 foot by 65 foot existing accessory structure at the rear of property, which is used as a
workshop. This building is 54 feet from any adjoining property line, and screened by natural wooded
vegetation from side and rear property lines. The applicant requests three (3) employees to be
associated with this Conditional Use Permit. The health department has requested that no more than
eight people be allowed on this drain field. There is a gravel lot alongside the structure sufficient for
employee parking. The Frederick County Zoning Ordinance allows for a Cottage Occupation in the
RA Zoning District with an approved Conditional Use Permit (CUP). Based on the limited scale of
the applicant’s proposed cottage occupation, it appears it would not have negative impacts on
adjoining properties or detract from the rural character of the area.
STAFF CONCLUSIONS FOR THE 12/07/05 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the following
conditions:
1.All review agency requirements shall be complied with at all times.
2. Any expansion or change of use shall require a new conditional use permit.
3.No retail sales of merchandise shall be permitted on site.
CUP #09-05, Richard Heisey
December 22, 2005
Page 3
4.No more than three (3) employees shall be permitted. This property has a drainfield
capacity of up to eight people, so the health department has requested that no more than
eight people be allowed on the drain field, including employees.
5. No business signs shall be permitted.
PLANNING COMMISSION SUMMARY & ACTION OF THE 12/07/05 MEETING:
Commissioners asked Mr. Heisey how many family members were residing at his home and Mr.
Heisey replied four. In light of the Health Department’s comments, indicating the drainfield would
only accommodate eight people, the Commission asked Mr. Heisey if he would prefer that four
employees be permitted, rather than three as recommended in the staff’s report. Mr. Heisey was
agreeable to the suggestion, commenting that it could serve as a cushion for his operation.
There were no public comments.
No other issues were raised and the Commission could not foresee any negative impacts on the
surrounding residential neighborhood from this use. The Commission unanimously recommended
approval of the CUP with an increase in the number of permitted employees from three to four, as
stated in Condition #4, as follows:
1.All review agency requirements shall be complied with at all times.
2. Any expansion or change of use shall require a new conditional use permit.
3.No retail sales of merchandise shall be permitted on site.
4. No more than four employees shall be permitted.
5. No business signs shall be permitted.
(Note: Commissioners Morris and Light were absent from the meeting.)