Loading...
HomeMy WebLinkAbout06-02 BOS Staff ReportPC REVIEW: 04/03/02 BOS REVIEW: 04/22/02 CONDITIONAL USE PERMIT #06-02 FLOYD L. LEE Restaurant Use ("Our Little Diner") LOCATION: This property is located at 3131 Front Royal Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUIIIBER: 87-A-66 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential and Vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Vacant, Armel Store, and Residential PROPOSED USE: Restaurant ("Our Little Diner") REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 522, 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 restaurant shall comply with The Virginia Uniform Statewide Building Code, Part III - Maintenance of Existing Structures, and The BOCA National Property Maintenance Code/1996. No permits required unless renovations are to occur. Existing kitchen range shall be located under the existing hood and the use of electrical extension cords shall be eliminated. Fire Marshal: Recommendations: a kitchen fire suppression hood for appliances and processes that produce grease -laden vapors; automatic fire alarm system, and residential sprinkler system. Exit signs at normal and emergency means of egress. Plan approval is recommended. CUP #06-02, Floyd L. Lee Page 2 April 15, 2002 Health Department: The Health Department has no objection. No increase in seating to occur. Planning and Zoning: The Frederick County Zoning Ordinance allows for restaurants in the RA (Rural Areas) Zoning District. The applicant is proposing to establish a small diner. This proposed use would take place in an existing one-story structure that is approximately 800 to 900 square feet in size. The structure has been utilized in the past as a restaurant. The structure has a capacity of 23 seats and the applicants do not intend to expand seating. The property is a 1.46 -acre nonconforming lot of record on which the structure proposed for the restaurant does not meet current RA setback requirements. Also located on the property is a brick residence and a mobile home. The applicant plans to continue renting the mobile home and the brick house. There were no disapproving agency comments. Staff feels reestablishing a restaurant at this location would be appropriate. STAFF CONCLUSIONS FOR THE 4-3-02 PLANNING COMMISSION MEETING: If the Planning Commission should find this use to be appropriate, staff would recommend approval with the following conditions: Hours of operation shall be limited to between 5:00 a.m. and 9:00 p.m. 2. Only one business sign shall be permitted and limited to fifty (50) square feet in size, and fifteen (15) in height. 3. No additional dwellings shall be permitted on the property. 4. All review agency comments shall be complied with at all times. 5. An engineered site plan shall be approved by the County. All improvements shall be installed prior to operation of the restaurant. These improvements shall include a minimum of nine (9) parking spaces which shall be located to ensure vehicles do not back onto Front Royal Pike or adjoining properties. 6. Any expansion or change of use will require a new Conditional Use Permit (CUP) CUP #06-02, Floyd L. Lee Page 3 April 15, 2002 PLANNING COMMISSION SUMMARY & ACTION OF 04/03/02 MEETING: One adjoining property owner, whose mother previously operated a restaurant at this site, spoke in favor of the Lees continuing with the restaurant operation. A question from the Commission concerned whether the Health Department had made a site visit to evaluate the existing well and septic system. The applicant, Mr. Floyd L. Lee, said the Health Department visited the site to evaluate the water, well and septic system and told him that everything was okay; he was required to send in two water samples. Mr. Lee stated that nine parking spaces are being drawn up for approval and the kitchen fire suppression hood is on order. No other issues or concerns were raised by the Planning Commission and they believed the proposed use at this location was appropriate with the conditions recommended by the staff. The Commission unanimously recommended approval with the following conditions: Hours of operation shall be limited to between 5:00 a.m. and 9:00 p.m. 2. Only one business sign shall be permitted and limited to fifty (50) square feet in size, and fifteen (15) in height. No additional dwellings shall be permitted on the property. 4. All review agency comments shall be complied with at all times. 5. An engineered site plan shall be approved by the County. All improvements shall be installed prior to operation of the restaurant. These improvements shall include a minimum of nine (9) parking spaces which shall be located to ensure vehicles do not back onto Front Royal Pike or adjoining properties. 6. Any expansion or change of use will require a new Conditional Use Permit (CUP).