HomeMy WebLinkAbout05-03 BOS Staff ReportCONDITIONAL USE PERMIT #05-03
Martin L. Monk
Staff Report for the Board of Supervisors Meeting
Prepared: April 14, 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.
Planning Commission:
Board of Supervisors:
Reviewed
Action
04/02/03
Approved
04/23/03
Pending
LOCATION: This property is located at 1599 Hites Road.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 84-A-74
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District;
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District;
Land Use: Residential, Agricultural, Wooded Area
PROPOSED USE:
Cottage Occupation - Sales of Outdoor Furnace Units
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 625, 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.
CUP #05-03, Martin L. Monk
Page 2
April 14, 2003
Fire Marshal: No factors which identify an adverse effect on firefighting or access. Plan
approval is recommended.
Inspections Department: Existing building being utilized shall comply with The Vir inia
Uniform Statewide Building Code and Section 309, Use Group M (Mercantile), of The
BOCA National Building Code/1996. Other code that applies is CABO Al 17.1-92,
Accessible and Usable Buildings and Facilities. Please submit a floor plan if any of the
existing structures are to be utilized and apply for a change of use building permit. A new
Certificate of Use and Occupancy shall be issued prior to the use of any structure.
Health Department: Health Department has no objection to use. No sales offices,
restroom, etc. to be provided.
Planning and Zoning:
The applicant is proposing a Cottage Occupation from his two -acre property, which is
located adjacent to agricultural uses and the nearby South Frederick Agricultural District.
The Frederick County Zoning Ordinance allows for Cottage Occupations in the Rural Areas
(RA) Zoning District with an approved Conditional Use Permit (CUP). The applicant's
proposed cottage occupation would involve the sale of outdoor wood -burning furnaces. The
applicant is proposing to utilize an existing barn on his property to store several furnace
units. There would only be one employee associated with the proposed business, the
applicant's business partner. Sales would be conducted on an appointment -only basis. 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 detract from the rural character of the area.
STAFF CONCLUSIONS FOR THE 04-02-03 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use to be appropriate, staff would recommend the
following conditions:
1. All review agency comments shall be complied with at all times.
CUP #05-03, Martin L. Monk
Page 3
April 14, 2003
2. Any proposed business sign shall conform to Cottage Occupation sign requirements and
should not exceed four (4) square feet in size.
3. Any change of use or expansion of this use will require a new Conditional Use Permit.
4. The number of customers shall be limited to a maximum of five (5) per week.
PLANNING COMISSION SUMMARY & ACTION OF THE 04/02/03 MEETING:
The applicant was present and stated that one furnace unit is in operation to heat his home and this
would be his demonstration model. The applicant stated he plans to have only three units in stock,
unless there is a special order. He was comfortable with the conditions recommended by the staff.
There were no citizen comments.
Based on the limited scale of the applicant's proposed cottage occupation, the Commission believed
the use would not detract from the rural character of the area and they unanimously recommended
approval with the conditions as recommended by the staff, as follows:
1. All review agency comments shall be complied with at all times.
2. Any proposed business sign shall conform to Cottage Occupation sign requirements and should
not exceed four (4) square feet in size.
3. Any change of use or expansion of this use will require a new Conditional Use Permit.
4. The number of customers shall be limited to a maximum of five (5) per week.
(Please Note: Commissioner Morris abstained from voting, due to his late arrival, and Commissioner
Watt was absent from the meeting.)
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