HomeMy WebLinkAbout09-02 BOS Staff ReportPC REVIEW: 06/19/02
BOS REVIEW: 07/10/02
CONDITIONAL USE PERMIT #09-02
MARY S. GROUNDWATER
("Frog Eye Fiber Emporium")
Cottage Occupation - Instructional Classes and Retail Sales
LOCATION: This property is located at 347 Schoolmarm Lane.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 62-A-22 and 62 -A -21A
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 and Undeveloped
PROPOSED USE: Cottage Occupation (1. In-home studio for teaching classes in spinning, weaving,
knitting and dying wool. 2. Sales of spinning wheels, notions, home/farm-grown fibers and
commercial fibers, and related literature.)
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 620, 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 be upgraded to VDOT
minimum commercial standards.
Fire Marshal: NFPA 299 requires a 14.5 -foot vertical clearance over the entire width of
roadway. A previous incident at a separate dwelling on the same roadway did not allow fire
apparatus to reach the scene due to the growth of trees, brush, and shrubs. During this
incident, a $300,000 fire apparatus was damaged. Plan approval is contingent upon
improvements and maintenance of obstructions.
CUP #09-02, Frog Eye Fiber Emporium
Page 2
June 24, 2002
Inspections Department: Area of building being utilized shall comply with The Virginia
Uniform Statewide Building Code and Section 309, Use Group M (Mercantile) ofthe 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 of the area and apply for a change
of use building permit. Area shall not be utilized until permit is issued, inspections approved
and new certificate of occupancy issued.
Health Department: No record of approval for a sewage disposal system serving parcel
62-A-22 has been located. There does appear to be a system serving the property which was
not malfunctioning on 4/29/02. Specific system components would have to be uncovered to
verify the existence of an acceptable system.
Planning and Zoning:
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 be in conjunction with the sheep farm located on their
property at the end of Schoolmarm Lane. The applicant is proposing to conduct instructional
classes in spinning, weaving, knitting, and dying wool. In addition, the applicant would like
to sell products associated with this craft, including spinning wheels and fibers. The classes
and sales activities would take place in an existing 525 -square -foot studio in the applicant's
home and there would be no employees. Classes and sales would generally be conducted on
an appointment -only basis.
There were no disapproving agency review comments. However, the Fire Marshal requires
a 14.5 -foot vertical clearance the entire width of Schoolmarm Lane. The applicant is willing
to provide this vertical clearance along the entire lane. Staff feels the proposed use would not
adversely affect adjoining properties and it would be appropriate to approve this application
for a conditional use permit.
STAFF CONCLUSIONS FOR THE 6-19-02 PLANNING COMMISSION MEETING:
Should the Planning Commission fmd this use to be appropriate, staff would recommend the
following conditions:
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.
CUP #09-02, Frog Eye Fiber Emporium
Page 3
June 24, 2002
PLANNING COMMISSION SUMMARY & ACTION OF 6/19/02 MEETING:
The applicant came forward to provide information about the proposed conditional use permit for
a cottage occupation. He explained that the cottage occupation would be low impact and that the
conditional use permit is sought to cover incidental sales associated with the fiber arts activities and
to allow a cottage occupation sign for the business.
Commission members did inquire about the Health Department comments and about whether or not
there was adequate vehicle access to the applicant's property. The applicant indicated that he has
created a circular drive and has already complied with the Fire Marshal's comments regarding the
14.5 -foot vertical clearance along Schoolmarm Lane. Commission members also inquired why a
conditional use permit was even necessary when the proposed cottage occupation is so closely related
to the agricultural activities on the property. Staff explained that the retail aspect of the cottage
occupation would include sale of items not produced on the applicant's property.
The Planning Commission had no outstanding issues of concern with the proposed conditional use
permit and believed the use to be appropriate. The Commission unanimously recommended approval
of the conditional use permit with the conditions as stated by staff.
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