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Home My WebLink About25-04 BOS Staff ReportCONDITIONAL USE PERMIT #25-04 w, ° DEAN A. HARVEY Staff Report for the Board of Supervisors Prepared: March 15, 2005 I]3A Staff Contact: David M. Beniamino, Planner 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: 03/02/05 Recommended Approval Board of Supervisors: 03/23/05 Pending APPROVED LOCATION: This subject property is located at 4784 Front Royal Pike (Route 522 South). MAGISTERIAL DISTRICT: Opequon PROPERTY 11) NUMBER: 94A -1-11-4A & 94A-1-2-7 PROPERTY ZONING & PRESENT' USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential PROPOSED USE: Cottage Occupation — Office use for home renovation business and Conditional Use Permit — Off -premise business sign for proposed cottage occupation. REVIEW EVALUATIONS: Virginia Dept. of Transportation: In accordance with the laws of the Commonwealth of Virginia, no private advertisement sign can be placed on the State's right-of-way. Prior to erection on private property, a permit may have to be applied for through our District Office in Staunton. You may do so by contacting Mr. Larry Curry at 540-332-9098. CUP #25-04, Dean A. Harvey March 15, 2005 Page 2 Fire Marshal: Site visit revealed no hazards by parking vehicles. Plan approval recommended. Inspections Department: Sign shall comply with The Virginia Statewide Building Code and Section 312, use group U (Utility and Miscellaneous) of The International Building Code/2000. Structural plans shall be submitted for permit application. No additional comment is required provided no structures are utilized. Winchester -Frederick County Health Department: Health Department has no objection to request for conditional use as required sewage disposal has been provided. Planning and Zoning: This proposed Conditional Use Permit application is for a cottage occupation for an office use for a home restoration business as well as for an off -premise sign for the aforementioned cottage occupation. The Frederick County Zoning Ordinance allows both cottage occupations and off -premise signs in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The proposed cottage occupation use would occur at the applicant's residence, with no other structures associated with this CUP located on site. If granted, this CUP will only allow office related uses to be performed on site. There will be only one employee associated with this cottage occupation on site at any one time. Based on the limited scale of this proposed use and evaluation of the property, it appears that this use would not have any significant impacts on the adjoining properties. The applicant is also requesting a four by ten (4 x 10) or forty square foot sign to be placed on the property that abuts Front Royal Pike (Rt. 522) and is directly in front of the property requesting the cottage occupation. The Frederick County Zoning Ordinance gives Cottage Occupation applicants the ability to request a four (4) square foot sign to be placed on their property. However, in this case, the applicant is requesting a much larger sign than the ordinance allows. Since there are no customers proposed to be associated with this cottage occupation, staff would not be in support of sign that was in excess of the four (4) square feet in area requirement laid out in section 165-30 (H) 2 of the Frederick County Zoning Ordinance. STAFF CONCLUSIONS FOR THE 03/02/05 PLANNING COMMISSION MEETING: Should the Planning Commission find the cottage occupation 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 five (5) customers at any one time on site. CUP #25-04, Dean A. Harvey March 15, 2005 Page 3 3. Any proposed business sign shall conform to Cottage Occupation sign requirements; and shall not exceed four (4) square feet in size. 4. No more than one (1) employee vehicle and one (1) company vehicle will be parked on site at any one time. 5. Any expansion or modification shall require approval of a new Conditional Use Permit. Should the Planning Commission find the off -premise sign use appropriate, staff would recommend the following conditions: Sign shall not exceed four (4) square feet in area, per section 165-30 (11) 2 of the Frederick County Zoning Ordinance. 2. The sign shall only be utilized in association with the Cottage Occupation. 3. Before this sign may be constructed, a sign permit shall be obtained from the Frederick County Building Official. PLANNING COMMISSION SUMMARY & ACTION OF THE 03/02/05 MEETING: The applicant reported that he was seeking to have a larger sign for better exposure, since his houses sits back off of the road. He said the off -premise sign would be located on a parcel along the highway where there are signs of comparable size on both sides. The applicant added that he recently applied for a building permit for a 900 square -foot garage for his and his wife's personal vehicles and two lawn tractors. He further added that the 500 square -foot building on the left-hand side of the house will be torn down. There were no public comments. Members of the Commission believed the use was appropriate and should not create any significant impacts to adjoining properties; however, they were not in favor of allowing a larger sign than what is permitted by the ordinance for cottage occupations. The Planning Commission unanimously recommended approval of the conditional use permit application for a cottage occupation office use and an off -premise business sign with the same conditions as recommended by the staff, as follows: Applicable to PIN 94A -1-11-4A, all review agency comments and requirements shall be complied with at all times. CUP #25-04, Dean A. Harvey March 15, 2005 Page 4 2. No more than five customers at any one time on site. 3. Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four square -feet in size. 4. No more than one employee vehicle and one company vehicle will be parked on site at any one time. 5. Any expansion or modification shall require approval of a new conditional use permit. Applicable to PIN 94A-1-2-7, the following conditions are recommended for the off -premise sign: Sign shall not exceed four square -feet in area, per Section 165-30(H)2 of the Frederick County Zoning Ordinance. 2. The sign shall only be utilized in association with the cottage occupation on PIN 94A -1-11- 4A. 3. Before this sign may be constructed, a sign permit shall be obtained from the Frederick County Building Official. (Commissioner Thomas was absent.)