HomeMy WebLinkAbout07-02 BOS Staff ReportPC REVIEW: 04/03/02
BOS REVIEW: 04/22/02
CONDITIONAL USE PERMIT #07-02
CHARLES G. LLOYD
Cottage Occupation - Custom Furniture and Repair
LOCATION: This property is located at 240 Gough Road.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 60 -A -40B
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District;
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District;
Land Use: Residential
PROPOSED USE: Cottage Occupation for Custom Furniture and Repair
REVIEW EVALUATIONS:.
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 618, 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: Building utilized for the furniture production shall comply with
The Virginia Uniform Statewide Building Code, and Section 306, Use Group F (Factory) of
the BOCA National Building Code/1996. Other code that applies is CABO A 117.1-92,
Accessible and Usable Buildings and Facilities. If existing structure is utilized, please submit
a floor plan of the area for review at the time of Change of Use Building Permit application.
A new certificate of use and occupancy shall be issued prior to operation.
CUP #07-02, Charles G. Lloyd
Page 2
April 15, 2002
Fire Marshal: Virginia Statewide Fire Prevention Code F-1304 requires a spray booth with
fire suppression system if over one gallon of flammable or combustible liquid is used on any
given day. Portable fire extinguishers with a rating 2A/20BC are required within 50 feet of
all woodworking equipment. VSFPC Code F-3203 states that an approved flammable liquids
storage cabinet is required for a combination of flammable or combustible liquids exceeding
30 gallons. Plan approval is recommended.
Planning and Zoning: The Frederick County Zoning Ordinance allows cottage occupations
in the Rural Areas (RA) Zoning District with an approved Conditional Use Permit (CUP).
The applicant is proposing a custom-built furniture and furniture repair business. The
applicant plans to utilize an existing accessory structure as a workshop. The custom furniture
would be handmade and there would be little equipment or chemicals involved in the
production or repair of the furniture. 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. Based upon the limited scale of the proposed use and
evaluation of the property, it appears this use would not have significant impacts on the
adjoining properties.
STAFF CONCLUSIONS FOR THE 4-3-02 PLANNING COMMISSION MEETING:
Should the Planning Commission determine that this request is appropriate, staff would suggest the
following conditions:
1. All review agency comments shall be complied with at all times.
2. On-site retail sales shall be prohibited. One business sign no larger than four (4) square feet
in size shall be permitted.
3. Any change of use or expansion of this use will require a new Conditional Use Permit.
PLANNING COMMISSION SUMMARY & ACTION OF 04/03/02 MEETING:
The Commission members discussed what would constitute a change of use or expansion of use that
would require the applicant to apply for a new conditional use permit. It was determined that any
change of use or expansion of use outside of a Cottage Occupation, as defined in the Zoning
Ordinance, would require the applicant to apply for a new conditional use permit. It was also pointed
out that the intent was to limit a retail sales establishment; for example, the permit would not prohibit
someone from dropping off or picking up furniture but would prohibit someone from going there to
shop.
CUP #07-02, Charles G. Lloyd
Page 3
April 15, 2002
There were no public comments either for or against the proposed conditional use permit.
By a unanimous vote, Commission members believed the use was appropriate at this location with
the conditions recommended by the staff, with a modification to Condition #3, specifying that any
change of use or expansion of use "outside of the definition of a cottage occupation" will require a
new conditional use permit, as follows:
All review agency comments shall be complied with at all times.
2. On-site retail sales shall be prohibited. One business sign no larger than four (4) square feet
in size shall be permitted.
3. Any change of use or expansion of this use outside of the definition of a cottage occupation
will require a new Conditional Use Permit.
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