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Home My WebLink About03-04 BOS Staff Report410 ooh CONDITIONAL USE PERMIT #03-04 DAVID MONROE Staff Report for the Board of Supervisors Prepared: May 3, 2004 Staff Contact: Candice E. Mills, 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: 04/21/04 Recommended Approval Board of Supervisors: 05/12/04 Pending LOCATION: This subject property is located at 262 Klines Mill Road (Route 633). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 84-A-68 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential and Agricultural PROPOSED USE: Machine Shop -Cottage Occupation REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 633, 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. Fire Marshal: Flammable and combustible liquids should be removed from the work space prior to any welding or cutting operations creating sparks. All items capable of becoming C.U.P. #03-04 May 3, 2004 Page 2 an ignition source shall be maintained and safeguarded at all times. A portable fire extinguisher with a minimum of 2A, l OBC rating shall be in place while work is performed. Plan approval recommended. Inspections Department: Existing 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 to CABO Al 17.1-98 Accessible and Usable Buildings and Facilities. Please submit a floor plan of the structure at the time of change of use building permit application. Permit issuance, inspection approval and a new certificate of occupancy shall be issued prior to operation. Health Department: Health Department has no objection to conditional use permit. Planning and Zoning: A machine shop is allowed in the RA (Rural Areas) Zoning District as a cottage occupation with an approved Conditional Use Permit (CUP). This proposed use will be conducted in a two-story accessory structure approximately 1170 square feet in size, located at the side of the property. This proposed use will have no more than two employees with all work to be conducted within the accessory structure. The applicant plans to do fabrication and repair; the fabrication will consist primarily of welding and the customer base of this machine shop will be no more than ten customers per day, dropping off and picking up items. Most of these items will be small in nature, no heavy equipment will be brought to the site. The applicant plans to construct an opaque fence at least five feet in height to screen any outdoor storage from all surrounding properties and Klines Mill Road (Route 633), the outdoor storage area will not exceed 500 square feet. This proposed use will be conducted on property that is surrounded by vacant RA property to the north and east and by residential to the west. The nearest dwelling is more than 100' from this proposed use. Based on the limited scale of this proposed use and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 04-21-04 PLANNING COMMISSION MEETING: The proposed use is permitted as a Cottage Occupation with an approved Conditional Use Permit (CUP). Should the Planning Commission choose to recommend approval of this application, staff believes the following conditions of approval would be appropriate: All reviewing agencies comments must be complied with at all times. 2. No more then two (2) employees associated with this use will be allowed. 3. All repair work shall be done completely within the accessory structure. C.U.P. #03-04 May 3, 2004 Page 3 4. No more than five (5) items awaiting repair shall be stored outside of the accessory structure. 5. All outdoor storage will be screened by opaque fencing that is no less than five feet in height, and the outdoor storage area will not exceed 500 square feet. 6. Any proposed business sign shall conform to Cottage Occupation sign requirements and will not exceed four (4) square feet in size. 7. Any expansion or modification of this use shall require approval of a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF 04/21/04 MEETING: Two adjoining property owners came forward to speak with the Commission regarding this proposed conditional use permit. One supported the applicant's operation with the conditions recommended. The other had questions on whether there would be outdoor storage, work conducted outside of the enclosed structure, and the days and hours of operation. The applicant replied that the outdoor storage area would not be located at the side or rear of the detached garage, not the front. The Commission requested that the condition about outdoor storage be revised to state that outdoor storage would only be located at the side and rear of the garage, not the front. The Planning Commission recommended approval of the conditional use permit by a majority vote with a minor change to condition #5 regarding outdoor storage. The conditions recommended are as follows: All reviewing agencies comments must be complied with at all times. 2. No more then two (2) employees associated with this use will be allowed. 3. All repair work shall be done completely within the accessory structure. 4. No more than five (5) items awaiting repair shall be stored outside of the accessory structure. 5. All outdoor storage will be screened by opaque fencing that is no less than five feet in height, and the outdoor storage area will not exceed 500 square feet. Outdoor storage will only be allowed at the side and rear of the detached garage, storage of materials waiting repair will not be stored at the front of the detached garage. 6. Any proposed business sign shall conform to Cottage Occupation sign requirements and will not exceed four (4) square feet in size. C.U.P. #03-04 May 3, 2004 Page 4 7. Any expansion or modification of this use shall require approval of a new Conditional Use Permit. (Please note: Commissioner Light was absent from the meeting.)