HomeMy WebLinkAbout05-05 BOS Staff ReportCONDITIONAL USE PERMIT #05-05
ROBERT W. SHAW
Staff Report for the Board of Supervisors
Prepared: July 20, 2005
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: 07/06/05 Recommended Approval
Board of Supervisors: 08/10/05 Pending
LOCATION: This subject property is located at 2394 Double Church Road (Route 641)
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 93-3-2
PROPERTY ZONING & PRESENT` USE: Zoned: (RA) Rural Areas
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned: (RA) Rural Areas
Land Use: Residential
PROPOSED USE: Cottage Occupation – Gunsmithing
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property
appears to have little measurable impact on Route 641, 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 #05-05, Robert W. Shaw
July 20, 2005
Page 2
Fire Marshal: The possession, storage and use of not more than 15 pounds of commercially
manufactured sporting black powder, 20 pounds of smokeless powder and 10,000 small arms
primers for hand loading of small arms ammunition for personal consumption per the International
Fire Code section 3301.1 shall be permitted.
Inspections Department: Area of the dwelling to be utilized 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. Please submit a floor plan of the area for review at the time of
change of use building permit application. The IBC chapter 7 shall include the proper fire separation
between this use and the dwelling. Permit shall be obtained, inspections approved and new
certificate of use and occupancy shall be issued prior to operation of the business.
Winchester-Frederick County Health Department: Health Department has no objection to the
request as stated so long as no additional employees are hired and there is no increase in meter usage.
Planning and Zoning: A gunsmithing business is permitted in the RA (Rural Areas) Zoning
District with an approved Conditional Use Permit. This business will be conducted in a primary
structure located on the property. The rear of the property is surrounded by natural wooded
screening and buffers. The rear of the property has a steep rise and will act as a natural berm. The
adjoining properties are located 300 feet from this property. The applicant proposes to have no more
than three (3) customers a month and operate two (2) days a week; there will be no sale of firearms at
this property. The applicant will not have any customers test the firearms on the property associated
with the CUP. The applicant will only test firearms once every 3 to 4 weeks at appropriate hours.
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 07/06/05 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 sign shall be permitted.
3. Any expansion or change of use shall require a new Conditional Use Permit.
4.No retail sales of merchandise shall be permitted.
5. No more than three (3) customers shall be allowed on the property per month.
6. No customer shall be allowed to test firearms on the property.
CUP #05-05, Robert W. Shaw
July 20, 2005
Page 3
PLANNING COMMISSION SUMMARY & ACTION OF THE 07/06/05 MEETING:
Four citizens, who were adjoining or nearby property owners, spoke about their objection to the
noise created by the discharging of firearms. They complained of a great deal of continuous
shooting, that the volume of sound was deafening, and it was disturbing to hear on the weekends,
when one is seeking peace and quiet. They also expressed concern because the shooting frightens
their horses, which was dangerous when they ride, and it causes the neighborhood dogs to bark.
Mr. Shaw, the applicant and property owner, said that he plans to work only on weekends between
the hours of 9:00 a.m. and 5:00 p.m. He said that the firing range is for his personal use, which he
uses about once a month for 30-45 minutes, using 30-40 rounds, while preparing for a competition.
He said the weapons he fires are not powerful and are not hunting guns; they are intended for target-
shooting only.
The Planning Commission shared the citizens’ concern about the noise; however, they could not
restrict the discharge of firearms on personal property in the rural areas of the county. Commission
members questioned the staff about limiting the number of customers so strictly and they thought
five to ten customers per month would not negatively affect traffic or the neighborhood. They also
believed a condition should be added that would restrict the hours for test-firing of firearms for
customers. By a unanimous vote, the Commission recommended approval with the amended
conditions, as follows:
1.All review agency comments shall be complied with at all times.
2. No business sign shall be permitted.
3. Any expansion or change of use shall require a new Conditional Use Permit.
4.No retail sales of merchandise shall be permitted.
5. No more than ten customers shall be allowed on the property per month.
6. No customer shall be allowed to test firearms on the property.
7. No test firing of weapons to occur outside the hours of 9:00 a.m. through 5:00 p.m.
(Note: Commissioners Manuel and Ours were absent from the meeting.)