HomeMy WebLinkAbout01-03 BOS Staff ReportCONDITIONAL USE PERMIT ##01-03
Jackie F. Lichliter
Staff Report for Board of Supervisors Meeting
Prepared: February 4; 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 Action
Planning Commission: 01/15/03 Recommended Approval
Board of Supervisors: 02/12/03 Pending
LOCATION: This property is located at 251 Christmas Tree Lane.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 45-A-25,
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-Gunsmith/Gunshop
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 729, 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 304, Use Group B (Business) of The BOCA National
Building Code/1996. Other code that applies is CABO Al 17.1-92, Accessible and Usable
CUP #01-03, Jackie F. Lichliter
Page 2
February 5, 2003
Building and Facilities. Please submit a floor plan of the area to be utilized and apply for a
change of use building permit. Permit shall be issued, inspections approved and a new
Certificate of Occupancy issued prior to operation of new business.
Fire Marshal: Recommend portable fire extinguisher meeting 2A:20B, C rating. Storage of
explosive materials limited to 20 lbs., or explosives magazine is required. This includes any
type of black powder, smokeless powder and such materials. A maximum of 30 gallons of
flammable or combustible liquids in combination can be stored within the structure before a
flammable liquids cabinet or other precautions are required. Plan approval is recommended.
Health Department: Health Department has no objection since this is an existing structure.
No objections as long as there is no increased sewage disposal to the existing drainfield (no
extra bathrooms, bedrooms.)
Planning and Zoning: Gunsmiths are permitted as a cottage occupation in the RA (Rural
Areas ) Zoning District with an approved Conditional Use Permit (CUP). The applicant is
proposing a gunsmith/gunshop from his home located on 17 acres in the county and would
mainly provide repair services. The applicant intends to utilize an existing barn on the
property for the gunshop, and there would be no employees associated with this business.
The applicant does not propose any retail activities. The applicant has indicated that
customers would not be testing any firearms on the property. There are no residences located
within 500 feet. There were no disapproving agency review comments. Based upon the
limited scale of the 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 01-15-03 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, staff would recommend the following
conditions.
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.
3. No retail sales of merchandise shall be permitted.
4. No employees shall be permitted
5. No business signs shall be permitted.
CUP #01-03, Jackie F. Lichliter
Page 3
February 5, 2003
PLANNING COMMISSION SUMMARY & ACTION OF 01/15/03 MEETING:
Questions from the Planning Commission included whether the maximum storage of explosive
materials and liquids designated by the Fire Marshal were arbitrarily established or based on State
Code requirements; whether the applicant was responsible for other ATF requirements; and what
provisions were made for test firing the firearms repaired.
The applicant believed the restrictions on storage of explosive materials were the Fire Marshal's Code
requirements. The applicant stated that ATF requires him to maintain detailed records on firearms
that remain in his shop overnight and what firearms he repairs and for whom. The applicant also
noted his intentions to construct an outdoor backstop to test fire the firearms he repairs.
There were no public comments. Based on the limited scale of the proposed use, the Planning
Commission believed the proposed use would have no significant impacts on adjoining properties and
they unanimously recommended approval with the following 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.
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