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HomeMy WebLinkAbout08-04 BOS Staff Report41c� r Cao CONDITIONAL USE PERMIT #08-04 VIRGINIA EDWARDS Staff Report for the Board of Supervisors Prepared: June 14, 2004 t]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: 06/02/04 Recommended Approval Board of Supervisors: 07/14/04 •�� LOCATION: This subject property is located at 143 Darby Drive (Route 1524). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64G-2-3-151 PROPERTY ZONING & PRESENT USE: Zoned: (RP) Residential Performance District Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned: (RP) Residential Performance District Land Use: Residential PROPOSED USE: Cottage Occupation -Photography Studio REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 1524, the VDOT facility which would provide access to the prope RxlS+u:7g iS aua eiia4LG_ rfu r proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. CUP #08-04 - Virginia Edwards June 14, 2004 Page 2 Fire Marshal: One (1) 2A,IOB, C portable fire extinguisher in the studio and one (1) 2A, I OB, C portable fire extinguisher where flammable liquids are stored or film developing takes place. Plan approval recommended. Health Department: As long as the dwelling is connected to Frederick County Sanitation Authority Sewer and Water, the Health Department has no objections. Inspections Department: 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. The other code that applies is CABO A117.1-98, Accessible and Usable Buildings and Facilities. The owner shall submit a floor plan of the area at the time of change of use building permit application for review. The permit must be issued, the inspections approved and new certificate of occupancy issued prior to operation. Sanitation Department: No comment. Winchester Regional Airport: This residence is adjacent to or under a flight path used regularly by aircraft as they arrive or depart the airport and is subject to aircraft noise. Due to the close proximity to the flight pattern at Winchester Regional Airport, the property owner is likely to experience aircraft noise and fly -over from aircraft entering into or departing the flight patter. As the airport continues to expand services and operation, noise associated with such expansion will likely increase. The owner should be aware of the airport's existence and forewarned about aircraft noise and fly -over nuisance from aircraft that may or may not impede their business. While the Authority poses no objections to the proposed Conditional Use Permit, I would request that the above comments be included and acknowledged by the owner in the approval process. Planning and Zoning_ In accordance with section 165.60 of the Frederick County Zoning Ordinance, a cottage occupation is allowed in the RP zoning district with an approved conditional use permit. Applicant advises that the activity will be conducted in a room inside her residence and that customers will be handled on an appointment basis. It does not appear that allowing this use would have any negative impact on the neighborhood. The very limited parking should be taken into consideration when scheduling clients. STAFF CONCLUSIONS FOR THE 06-02-04 PLANNING COMMISSION MEETING: The Planning Commission found this use appropriate with the following recommendations: 1. All review agency comments and requirements shall be complied with at all times. 2. No signs associated with this conditional use permit will be allowed on the property. CUP #08-04 - Virginia Edwards June 14, 2004 Page 3 3. No more than ten customers per week shall come to the residence in association with this conditional use permit. 4. Any expansion or modification of the facilities will require a new conditional use permit. PLANNING COMMISSION SUMMARY & ACTION OF 06/02/04 MEETING: Members of the Commission questioned how it would be possible for the staff to enforce limiting the number of customers to no more than ten per week. They also questioned how the staff arrived at the number and if this condition was necessary. Staff replied that the customer limitation offers a tool to measure any increase in the intensity of the use. The applicant was comfortable with the number of customers specified in the conditions. To give the Planning Commission a perspective on the number of clients she expects, the applicant explained that while working out of her home in Loudoun County, she had no more than 45 customers per year over the previous 16 years. She commented that her business is only part-time and on most occasions, she would go to the client's location. Also, the applicant was not interested in having a sign. There were no public comments. The Planning Commission unanimously recommended approval of the Conditional Use Permit with the conditions as recommended by the staff, as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. No signs associated with this conditional use permit will be allowed on the property. 3. No more than ten customers per week shall come to the residence in association with this conditional use permit. 4. Any expansion or modification of the facilities will require a new conditional use permit. (Note: Commissioners Ours and Triplett were absent from the meeting)