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HomeMy WebLinkAbout09-04 BOS Staff Report41GA� ` COG CONDITIONAL USE PERMIT #09-04 w JAMES A. BAYLISS AND BARBARA V. BAYLISS Staff Report for the Board of Supervisors Meeting "'N Prepared: June 9, 2004 Staff Contact: Mark R. Cheran, Planner I 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: 06/02/04 Recommended Approval Board of Supervisors: 07/14/04 --fib d/l�� I/—_ LOCATION: This subject property is located at 2680 Northwestern Pike (Route 50 W). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER(s): 52-A-56 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential, Country Store, and Vacant PROPOSED USE: Cottage Occupation - Real Estate Brokerage 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. CUP #09-04 James A. and Barbara V. Bayliss June 9, 2004 Page 2 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 Al 17.1-98 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 proposed application is in response to a zoning complaint that staff received. The applicant was cited for operating a cottage occupation without obtaining a Conditional Use Permit (CUP). The Frederick County Zoning Ordinance allows cottage occupations in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The proposed use would occur at the applicant's residence. 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 this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 06-02-04 PLANNING COMMISSION MEETING: Should the Planning Commission find this 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. 3. Any proposed business sign shall conform to Cottage Occupation sign requirements; and shall not exceed four (4) square feet in size. 4. Any expansion or modification shall require approval of a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF THE 06/02/04 MEETING: A member of the Commission asked about the nature of the complaint received by the staff. Staff explained that during the review of Mr. Bayliss's business license review form, it was determined that the applicant was not in compliance for a cottage occupation. In addition, a field check of the CUP #09-04 James A. and Barbara V. Bayliss June 9, 2004 Page 3 site indicated the applicant had an illegal sign. The applicant explained that this will be a family business, primarily just himself and his wife. He said that after some reflection, however, he wondered whether it would be possible to have the option of one temporary administrative employee and one licensed employee, if by chance an illness would happen to either himself or his wife. Members of the Commission explained to Mr. Bayliss that the requirement for the sign size was two feet -by -two feet, not four feet -by -four feet. Mr. Bayliss said that he would modify the size of his existing sign to meet those requirements. When asked about the condition limiting the number of customers to five at any one time on the site, Mr. Bayliss said he was comfortable with that number of clients. There were no citizen comments. The Planning Commission believed the request for the two temporary employees would not have an adverse affect on the neighborhood; therefore, it was added as a fifth condition to those conditions recommended by the staff. The Planning Commission unanimously recommended approval of the conditional use permit with the following five conditions: All review agency comments and requirements shall be complied with at all times. 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. Any expansion or modification shall require approval of a new Conditional Use Permit. 5. Up to two temporary employees allowed. (Please note: Commissioners Ours and Triplett were absent from the meeting.)