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Home My WebLink About07-03 BOS Staff ReportCONDITIONAL USE PERMIT #07-03 Eugene W. Cooper Staff Report for the Board of Supervisors Meeting Prepared: August 11, 2003 Staff Contact: Rebecca Ragsdale 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 Planning Commission: 08/06/03 Board of Supervisors: 08/27/03 LOCATION: 207 Herman Lewis Lane MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 52 -A -35C Action Recommended Approval Pending PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and Vacant PROPOSED USE: Cottage Occupation - Counter Top Shop REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 608, 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 standards. Inspections Department: Existing building shall comply with The Virginia Uniform Statewide Building Code and Section 306, Factory of The BOCA National Building CUP #07-03, Eugene W. Cooper Page 2 August 11, 2003 Code/1996. Other code that applies is CABO A117.1-92, Accessible and Usable Building and Facilities. A floor plan of the structure shall be submitted at the time of the change of use permit application. A Certicate of Use and Occupancy shall be issued after final inspection approved prior to the use of the building. Fire Marshal: Recommend automatic fire alarm system. Width of existing roadway shall be maintained as well as 13.5 vertical feet the width of the roadway. Storage of materials and parking of vehicles shall not inhibit direct access to the building for firefighting operations. There are no municipal or static water supplies in the immediate area. Approval contingent upon meeting the requirements of the Virginia Statewide Fire Prevention Code Chapter 16, Section 1603 and NFPA 664. Health Department: Health Department has no objection as long as there is no increase in water use. The Health Department has no objection to the proposed counter top shop with no employees other than the current occupants of the residence. The sewage disposal system currently serving the property appeared to be functioning properly this date. No guarantee is given or implied that this sewage disposal system will continue to function properly in the future. Repairs will be required if the system malfunctions. Such repairs may require the installation of an alternative sewage disposal system. Planning and Zoning: The applicant is proposing a Cottage Occupation on his approximately 1.5 -acre property. The Frederick County Zoning Ordinance allows cottage occupations in the Rural Areas (RA) Zoning District with an approved Conditional Use Permit (CUP). Specifically, the applicant is proposing a custom counter top business. The applicant plans to utilize a 40 foot by 60 foot structure, which he plans to construct, as a workshop. The production of the counter tops would not involve any specialized equipment or chemicals. There would be no employees associated with the business and the applicant does not intend to have customers to the property. There were no disapproving agency review comments. The subject property is not in an area where a small area land use study has been adopted by the County. Nevertheless, the proposed Cottage Occupation is consistent with the goals of the Frederick County Comprehensive Policy Plan. Specifically, land use goals for the rural areas of the county identify the importance of maintaining rural character in areas outside of the Urban Development Area (UDA). Based on the limited scale of the applicant's proposed cottage occupation, it appears it would not have negative impacts on adjoining properties or detract from the rural character of the area CUP #07-03, Eugene W. Cooper Page 3 August 11, 2003 STAFF CONCLUSIONS FOR THE 08/06/03 PLANNING COMMISSION MEETING: Should the Planning (`nmmission Enol this ,use appropriate, staff would recommend tyle !:;dowing conditions. All review agency requirements shall be complied with at all times. 2. Any expansion or change of use shall require a new conditional use permit. 3. No retail sales of merchandise shall be permitted. 4. No employees shall be permitted 5. No business signs shall be permitted. 6. An inspection and approval by the Fire Marshall is required prior to the establishment of the counter top business in the proposed building. PLANNING COMMISSION SUMMARY & ACTION OF THE 08/06/03 MEETING: Mr. Eugene D. Cooper, the applicant and property owner, said that he will be fabricating the counter tops on site and then transporting the product to his customers. Mr. Cooper said that his hours of operation will be 8:00 a.m. to 5:00 p.m., Monday through Friday. There were no public comments. The Planning Commission unanimously recommended approval of the conditional use permit with the following conditions, as recommended by the staff. 1. All review agency requirements shall be complied with at all times. 2. Any expansion or change of use shall require a new conditional use permit. No retail sales of merchandise shall be permitted. 4. No employees shall be permitted other than members of the household. 5. No business signs shall be permitted. 6. An inspection and approval by the Fire Marshall is required prior to the establishment of the counter top business in the proposed building. (Please note: Commissioner Watt was absent from the meeting.)