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HomeMy WebLinkAbout08-04 PC Staff ReportCONDITIONAL USE PERMIT #08-04 VIRGINIA EDWARDS Staff Report for the Planning Commission Prepared: May 10, 2004 Staff Contact: David M. Beniamino, 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 Pending Board of Supervisors: 07/14/04 Pending 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 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 minimum commercial standards. CUP #08-04 - Virginia Edwards May 10, 2004 Page 2 Fire Marshal: One (1) 2A,10B, C portable fire extinguisher in the studio and one (1) 2A, 10B, 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: 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. Any sign placed on the property must not exceed the allowable cottage occupation sign of four (4) square feet in area. 3. Any expansion of facilities to accommodate this use will require a new conditional use permit.