HomeMy WebLinkAbout07-01 BOS Staff ReportPC REVIEW: 06/20/01
BOS REVIEW: 07/11/01
CONDITIONAL USE PERMIT #07-01
WESTSIDE AUTO REPAIR
(John Kevin Smith)
LOCATION: This property is located at 191 Tori Lane.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 52-14-J
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: Public Garage Without Body Repair
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have minimal measurable impact on Route 608, the VDOT facility which
would provide access to the property. The existing entrance provides access directly to Tori
Lane, a private subdivision road, and is adequate for the proposed use. However, should use
ever expand in the future, the entrance may have to be upgraded to VDOT minimum
commercial standards.
Fire Marshal: Portable fire extinguishers are recommended. Requirements of Vir inia
Statewide Fire Prevention Code, Section F-3206, and referenced NFPA Standards. Material
Safety Data sheets maintained on-site for hazardous products. Plan approval is
recommended.
Inspections Department: Building shall comply with The Virginia Uniform Statewide
Building Code and Section 311, Use Group S (Storage), of The BOCA National Building
Westside Auto Repair, CUP #07-01
Page 2
June 29, 2001
Code/1996. Other codes that apply are CABO Al 17.1-92, Accessible and Usable Buildings
and Facilities. Please submit a floor plan of the building for review at the time of Change of
Use Permit application. Permit shall be issued, inspections approved and new certificate of
use and occupancy issued prior to operation.
Health Department: The Health Department has no objection to the garage as long as it
creates no wastewater without a proper means of disposal.
Planning and Zoning: The Frederick County Zoning Ordinance allows public garages
without body repair in the Rural Areas (RA) Zoning District with an approved CUP, provided
that all repair work takes place entirely within an enclosed structure and all exterior storage
of parts and equipment is fully screened from view from any adjoining property. The subj ect
application is a request to operate a public garage without body repair in an existing detached
garage that was constructed in 1996 for the applicant's towing service business.
Staff first became aware of the need for a CUP when the Building Inspections Department
required the applicant to obtain planning approval prior to the issuance of a building permit
for a recently constructed garage addition. After speaking with the applicant, staff came to
the determination that an approved CUP was required for the business.
The property is approximately 4.5 acres in size and is located in the Gainesboro Magisterial
District on Tori Lane. Tori Lane is a private dirt and gravel road that connects with Dicks
Hollow Road/Route 608. The surrounding land use is residential or vacant. However, there
is a similar public garage without body repair located in the general vicinity. Staff predicts
that there will be minimal impact to surrounding properties, primarily because of the natural
screening and topography in the rear of the applicant's property where the garage is located.
STAFF CONCLUSIONS FOR THE 06-20-01 PLANNING COMMISSION MEETING:
Staff is of the opinion that this application for a public garage without body repair has adequately
addressed the requirements ofthe Zoning Ordinance. Furthermore, no adverse comments have been
made by any ofthe relevant review agencies. Should the Planning Commission choose to recommend
approval of this application, the following conditions of approval would be appropriate:
1) All review agency comments shall be complied with at all times.
2) 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.
Westside Auto Repair, CUP #07-01
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June 29, 2001
3) A building permit for the recently constructed garage addition must be issued by the County
Building Inspections Department within 30 days of this CUP approval.
4) All repair work shall take place entirely within an enclosed structure.
5) No more than five vehicles awaiting repair shall be permitted outside of the garage.
6) All exterior storage shall be screened from the view of surrounding properties.
7) The business may only operate between the hours of 7:00 a.m. and 7:00 p.m.
8) Any expansion and/or change of use shall require a new CUP.
PLANNING COMMISSION SUMMARY & ACTION OF 06/20/01 MEETING:
Four adjoining property owners came forward to speak in favor of Mr. Smith's proposed public
garage. They said that Mr. Smith was a good mechanic with reasonable rates, that he keeps his
property neat and makes no noise, the service was needed in the area, and they spoke highly of Mr.
Smith as a neighbor. No one spoke in opposition.
The applicant said he understood and was agreeable to the conditions of his permit. He noted that
he would work Monday through Saturday only.
No issues of concern were raised by the Commission. Commissioners believed there would be
minimal impact to surrounding properties due to the natural screening and topography in the rear of
the applicant's property where the garage was located. The Commission unanimously recommended
approval with the following conditions:
1) All review agency comments shall be complied with at all times.
2) 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.
3) A building permit for the recently constructed garage addition must be submitted to the
County Building Inspections Department within 30 days of this CUP approval.
4) All repair work shall take place entirely within an enclosed structure.
5) No more than five vehicles awaiting repair shall be permitted outside of the garage.
Westside Auto Repair, CUP #07-01
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June 29, 2001
6) All exterior storage shall be screened from the view of surrounding properties.
7) The business may only operate between the hours of 7:00 a.m. and 7:00 p.m.
8) Any expansion and/or change of use shall require a new CUP.
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