HomeMy WebLinkAbout04-01 BOS Staff ReportPC REVIEW: 05/02/01
BOS REVIEW: 05/23/01
CONDITIONAL USE PERMIT #04-01
DAVID A. KOLLAR
LOCATION: The property is located at 7341 Northwestern Pike (Route 50 West), just east of
Carpers Pike.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY IDENTIFICATION NUMBER: 27-A-93
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas) District;
Use: Public Garage (Commercial) and Residence
ADJOINING PROPERTY ZONING & USE:
Zoned: RA (Rural Areas) District;
Use: Vacant and Residential
PROPOSED USE: Re-establishment of a legally nonconforming garage
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.
Inspections Department: No comment required if structure is existing garage and change
of use will occur.
Fire Marshal: Portable fire extinguishers required. Emergency vehicle access to all normal
and emergency points to the structure. Requirements of Section F-3206 of the Virginia
Statewide Fire Prevention Code "Requirements for Service Stations and Repair Garages."
David A. Kollar CUP #04-01
Page 2
May 14, 2001
Health Department: Health Department has no objections to the conditional use permit as
long as only the garage is on the existing system. An expansion of the existing system or a
new system must be installed for the trailer.
Planning and Zoning: This conditional use permit (CUP) application is in response to a
zoning violation complaint that staff received. The applicant was cited for the operation of
an illegal business (public garage with towing service); obtaining a CUP for such a business
is an available remedy to this violation.
This property has been used as a gas station, repair garage, and equipment repair shop. All
of these uses were established prior to November 1, 1973, when the Frederick County Zoning
Ordinance required a conditional use permit for public garages in the RA Zoning District.
The applicant desires to re-establish a legally nonconforming use, public garage, on this
property. The applicant has advised staff that this business will take place in an enclosed two -
bay garage, with one employee, and all repair work will occur in the enclosed structure. The
applicant desires to have no more than five inoperable vehicles and five vehicles awaiting
repair will be on the property at any one time, and to utilize an opaque device at least five feet
in height to screen the inoperable vehicles from all surrounding properties and Route 50.
STAFF CONCLUSIONS FOR THE 05-02-01 PLANNING COMMISSION MEETING:
Should the Planning Commission determine that this request is appropriate, staff would suggest the
following conditions:
All review agency comments shall be complied with at all times.
2. All repair work shall be accomplished completely within the two -bay garage.
Nn mnre than five (5) vehicles awaiting repair gha11 he allo.ved.
4. No more than five (5) inoperable vehicles shall be allowed on the property at any one time.
These vehicles shall be completely screened from view from adjoining properties and Route
50 with an opaque wooden fence.
5. Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall
not exceed four (4) square feet.
6. Any change of use or expansion of this business will require a new Conditional Use Permit.
David A. Kollar CUP #04-01
Page 3
May 14, 2001
PLANNING COMMISSION SUMMARY & ACTION OF 05-02-01 MEETING:
The Commission discussed the nonconforming status of the use with applicant, the applicant's
intentions for a sign, and alternatives to fencing that would be appropriate for protecting adjoining
property owners from visual impacts. They also discussed with the applicant the use of the mobile
home on the property. The applicant stated that he has acquired the necessary permits to expand the
existing septic system so that both the shop and the mobile home will be in compliance.
There were no public comments.
The Commission amended staff's recommended Condition #4 by deleting, "with an opaque wooden
fence," so that the applicant could work with the staff on alternative screening methods.
The Commission unanimously recommended approval with six conditions, as follows:
1. All review agency comments shall be complied with at all times.
2. All repair work shall be accomplished completely within the two -bay garage.
3. No more than five (5) vehicles awaiting repair shall be allowed.
4. No more than five (5) inoperable vehicles shall be allowed on the property at any one time.
These vehicles shall be completely screened from view from adjoining properties and Route
50.
5. Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall
not exceed four (4) square feet.
6. Any change of use or expansion of this business will require a new Conditional Use Permit.
(Note: Chairman DeHaven abstained from discussion and voting.)
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