HomeMy WebLinkAbout04-05 BOS Staff ReportCONDITIONAL USE PERMIT #04-05
EUGENE COOPER
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 207 Herman Lewis Lane (Route 608)
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 52-A-35C
PROPERTY ZONING & PRESENT` USE: Zoned: (RA) Rural Areas
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned: (RA) Rural Areas
Land Use: Residential
PROPOSED USE: Expansion of Cottage Occupation – Counter Top Shop (CUP #07-03)
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a Conditional 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 #04-05, Eugene Cooper
July 20, 2005
Page 2
Fire Marshal: Construction of the proposed building shall take into account a designated parking
area for employee vehicles which will allow uninhibited emergency access to the structure. Burning
of scrap materials from the proposed processes will not be permitted. Portable fire extinguishers are
required for the proposed occupancy. Flammable liquids used in the process shall require an
approved flammable liquids storage cabinet for quantities exceeding 30 gallons. Proper ventilation
for the mitigation of production fumes is required. Plan approval is contingent upon Inspections at
the time of occupancy.
Inspections Department: Building 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 Building and
Facilities. HC parking appears to be in compliance; however, please note that the sidewalk on the
accessible route shall slope at less than 1” in 20’ at elevation changes or shall be designed and
permitted as a ramp per IBC/ANSI A117.1-98.
Winchester-Frederick County Health Department: Health Department has no objection to use as
long as no more than four full time occupants of home exist.
Planning and Zoning: The applicant is proposing an expansion of a Cottage Occupation that was
approved by the Board of Supervisors on August 27, 2003, for a custom counter top business (CUP
#07-03). This business is conducted in a 40 foot by 60 foot structure, constructed as a workshop.
The structure is located at least 50 feet from neighboring dwellings, and is screened in by natural
wooded vegetation. The production of the counter tops would not involve any specialized equipment
or chemicals. The original conditions of CUP #07-03 did not allow any employees associated with
this business. The applicant is requesting to expand this Conditional Use Permit to allow for three
(3) employees associated with this business. There is a gravel lot alongside the structure sufficient
for employee parking. The Frederick County Zoning Ordinance allows cottage occupations in the
Rural Areas (RA) Zoning District with an approved Conditional Use Permit (CUP). The applicant
does not intend to have customers to the property.
The subject property is not in an area where a small area land use study has been adopted by the
County. Nevertheless, the proposed expansion of the Cottage Occupation is consistent with the
goals of the Frederick County Comprehensive Policy Plan. Specifically, land use goals for the rural
areas of the county identify the importance of maintaining a rural character in areas outside of the
Urban Development Area (UDA). 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.
CUP #04-05, Eugene Cooper
July 20, 2005
Page 3
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 requirements shall be complied with at all times.
2. Any expansion or change of use shall require a new conditional permit.
3.No retail sales of merchandise shall be permitted.
4. No business signs shall be permitted.
5. No more than three (3) employees shall be permitted.
6. CUP #04-05 invalidates CUP #07-03.
PLANNING COMMISSION SUMMARY & ACTION OF THE 07/06/05 MEETING:
Commission members inquired about the outside storage of materials on the property and the
applicant replied that he planned to dispose of all of the outside storage. There were no public
comments. The Planning Commission unanimously recommended approval with the same
conditions as recommended by the staff, 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 permit.
3.No retail sales of merchandise shall be permitted.
4. No business signs shall be permitted.
5.No more than three employees shall be permitted.
6. CUP #04-05 invalidates CUP #07-03.
(Note: Commissioners Manuel and Ours were absent from the meeting.)