HomeMy WebLinkAbout08-01 BOS Staff ReportPC REVIEW: 07/02/01
BOS REVIEW: 08/08/01
CONDITIONAL USE PERMIT ##08-01
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Cottage Occupation - Welding Shop
LOCATION: This property is located at 1339 Ebenezer Church Road
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 18 -A -69C
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 for Welding Shop
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have minimum measurable impact on Route 705, 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 commercial standards.
Fire Marshal: Requirements of the Virginia Statewide Fire Prevention Code, Chapters 22
and 27. Portable fire extinguishers are recommended (copies provided). Plan approval is
recommended.
Inspections Department: Existing building shall comply with The Virginia Uniform
Statewide Building and Section 306, Use Group F (Factory), of The BOCA National
Building Code/ 1996. Other codes that apply are CABO A117.1-92, Accessible and Usable
Buildings and Facilities. Please submit a floor plan of the existing building for review at the
Rodney Lynn Hoffman, CUP #08-01
Page 2
July 31, 2001
time of change of use permit application. Permit shall be issued, inspections approved and
a new certificate of use and occupancy issued prior to operation.
Health Department: The Health Department has no objections to the welding shop as long
as it is not creating extra wastewater.
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 subject application is a request to allow a welding business as a cottage occupation in the
RA Zoning District. Mr. Hoffman describes his proposal for welding operations as a part-
time business which would be in operation mainly in the afternoon and early evenings. Mr.
Hoffman's welding services would include having customers bring items to the premises for
repair and traveling offsite to repair other items. There are no plans to sell miscellaneous
items in a retail manner.
The subject property consists of 5.2 acres and is approximately two miles from the
intersection of Ebenezer Church Road with North Frederick Pike (Rt. 522). The area where
the applicant will be conducting the welding operations would be screened from the roadway
and adjoining properties by the local topography and natural vegetation. In the application
package, the applicant has sketched the location where the welding operations are to occur.
Upon inspection of the site, several vehicles (possibly inoperable) were noticed on the
premises. Mr. Hoffman has explained that two of the cars are used for racing and the other
vehicles are used for spare parts. Also noticed on the property were scattered mechanical and
agricultural equipment and other items which could be considered junk or debris. Mr.
Hoffinan also explained that this equipment is being used actively or for parts. In the RA
District, the Zoning Ordinance allows up to five inoperable vehicles to be kept on a property
so long as they are screened from surrounding properties and road right of way. The Zoning
Ordinance also requires that junk and debris be properly stored or disposed of. The
inoperable vehicles and any of the other items should be disposed of if not being used for their
intended purpose.
STAFF CONCLUSIONS FOR THE 07-2-01 PLANNING COMMISSION MEETING:
Staff is of the opinion that the application for this CUP has adequately addressed the
requirements of the Zoning Ordinance. The welding business will have negligible impacts
upon the adjoining properties or the motorists passing the site along Ebenezer Church Road.
The proposed welding operations should not be of adverse impact upon surrounding
properties and the application is considered favorable by all review agencies. Staff is
recommending the comments below to help prevent future problems that may arise with the
business.
Rodney Lynn Hoffman, CUP #08-01
Page 3
July 31, 2001
Should the Planning Commission choose to recommend approval of this application, the
following conditions of approval would be appropriate:
1) All review agency comments and requirements shall be complied with at all times.
2) The hours of operation should be limited from 9 a.m. to 9 p.m., Monday through
Saturday.
3) No retail sales should be permitted on the property.
4) Compliance with the Chapter 165-47 of the Zoning Ordinance regarding inoperable
motor vehicles and trash storage.
5) All materials and supplies used for the welding operation must be kept indoors.
6) In accordance with Cottage Occupation sign requirements, signage for the proposed
use may not exceed four square feet in area. A sign permit must be issued by the
County Building Inspections Department prior to the placement of a sign.
7) Any expansion or change of use shall require a new CUP.
PLANNING COMMISSION SUMMARY & ACTION OF 07/02/01 MEETING:
Staff reported observing possible inoperable vehicles and scattered mechanical and agricultural
equipment on the property which the applicant had commented to be actively using for racing and
spare parts. Commissioners inquired if the materials could be seen from Ebenezer Church Road and
staff replied that the adjoining properties, as well as Ebenezer Church Road, were screened by the
local topography and natural vegetation. Commissioners also confirmed with staff that the applicant
had been properly informed of the section of the Zoning Ordinance which specifically addresses
proper storage of junk, debris, and inoperable vehicles, in the case complaints were received.
There were no public comments. From the Commission's point of view, it appeared as though the
property was sufficiently screened from the view of neighbors, as well as motorists along Ebenezer
Church Road and, therefore, should not be a detriment to the surrounding properties or the character
of the area. They had no other issues of concern.
Rodney Lynn Hoffman, CUP #08-01
Page 4
July 31, 2001
The Planning Commission unanimously recommended approval with the same conditions as
recommended by the staff, as follows.
1) All review agency comments and requirements shall be complied with at all times.
2) The hours of operation should be limited from 9 a.m. to 9 p.m., Monday through
Saturday.
3) No retail sales should be permitted on the property.
4) Compliance with the Chapter 165-47 of the Zoning Ordinance regarding inoperable
motor vehicles and trash storage.
5) All materials and supplies used for the welding operation must be kept indoors.
6) In accordance with Cottage Occupation sign requirements, signage for the proposed
use may not exceed four square feet in area. A sign permit must be issued by the
County Building Inspections Department prior to the placement of a sign.
7) Any expansion or change of use shall require a new CUP.
(Note: Mr. Ours, Mr. Triplett, Mr. Wilson, and Mr. Unger were absent from the meeting.)
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