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Home My WebLink About06-01 BOS Staff ReportPC REVIEW: 06/06/01 BOS REVIEW: 07/11/01 UvNui 1 iurli Uzo PEFCMI 1 F06 -U7 RANDALL E. KUMP Cottage Occupation - Welding LOCATION: This property is located at 715 Pinetop Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 47-A-213 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 - Welding Business REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this 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: Portable fire extinguishers are recommended. Water supplies required. Plan approval is recommended; no additional comments. Inspections Department: Building shall comply with The Virginia Uniform Statewide Building and Section 306, Use Group F (Factory and Industrial), of The BOCA National Building Code/1996. Other codes that apply are CABO Al 17.1-92, Accessible and Usable Buildings and Facilities. Accessible parking and building access shall be provided. Randall E. Kump CUP #06-01 Page 2 June 29, 2001 Health Department: The Health Department has no objection to the welding shop as long as it does not create any waste water without a proper method of disposal. 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. Specifically, the applicant would like utilize his two -car garage as a welding workshop for his business. The applicant has informed staffthat all welding will take place within the garage. The property is approximately 1.79 acres is size and is located in the Back Creek Magisterial District at the corner of Kump Drive and Pinetop Road/Route 617. Pinetop Road is a state - maintained gravel road that is the primary access road of several properties in the area. On the other hand, Kump Drive is private dirt road that appears to be used very seldom. The use of the property is residential and is naturally screened from adjoining properties due to the topography and dense woodlands in the area. Other than the vacant lot across the road, all adjoining lots are residential with improvements. Staff became aware of the business when the applicant came in for a zoning review for a business license. The applicant informed staffthat he has subcontracted several small jobs in the past to augment his income, but would now like to work full-time for his business. It was determined at the time of the zoning review that the business was not a permitted use on the property without an approved CUP. STAFF CONCLUSIONS FOR THE 06-06-01 PLANNING COMMISSION MEETING: Staff is of the opinion that this application for a cottage occupation/welding business has adequately addressed the requirements of the Zoning Ordinance. The business currently has minimal impact on adjoining properties because of the natural physiography of the area. Staff has recommended the comments below to help prevent future problems that could arise with the business. At this time, no adverse comments have been made by any of the 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) All welding shall take place within the existing garage. 3) Any outdoor storage must be kept within 15 feet from the existing garage, and must Randall E. Kump CUP #06-01 Page 3 June 29, 2001 be fully screened from adjoining properties and roads. 4) In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed (4) four square feet in area. A sign permit will need to be issued by the County Building Inspections Department prior to the placement of a sign. 5) Any expansion and/or change of use shall require a new CUP. PLANNING COMMISSION SUMMARY & ACTION OF 06/06/01 MEETING: There were no citizen comments regarding this conditional use permit. The Commission believed it was too restrictive not to allow Mr. Kump to do welding outside the confines of his garage because he was so isolated, considering he was located 185 feet from the road in the Gore area. Commissioners believed that if Mr. Kump had a large project to weld, he should be able to do so in his driveway without disturbing anyone. Therefore, the Planning Commission recommended approval of the permit with all of the conditions recommended by the staff, except for Condition #2, as follows: 1) All review agency comments shall be complied with at all times. 2) Any outdoor storage must be kept within 15 feet from the existing garage, and must be fully screened from adjoining properties and roads. 3) In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed (4) four square feet in area. A sign permit will need to be issued by the County Building Inspections Department prior to the placement of a sign. 4) Any expansion and/or change of use shall require a new CUP. (Note: Mr. Ours was absent for this vote.)