HomeMy WebLinkAbout19-00 BOS Staff ReportPC REVIEW: 01/03/01
BOS REVIEW: 01/24/01
CONDITIONAL USE PERMIT #19-00
FRED H. RHOTON
(B & F Home Improvements)
Cottage Occupation for Home Improvement Business
LOCATION: This property is located at 921 Hudson Hollow Road.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBERS: 86-A-196
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Residential and existing Home Improvement Business
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and M2 (Industrial
General) Districts; Land Use: Residential, Vacant, Trucking Company, Agricultural, and a
County Park
PROPOSED USE: Cottage Occupation (Home Improvement 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.
Inspections Department: The area of the existing building to be utilized shall comply with
the Virginia Uniform Statewide Building Code and Section 304, Use Group B (Business) of
the BOCA National Building Code. Other code that applies is CABO Al 17.1-92, Accessible
and Usable Buildings and Facilities. Please submit a floor plan of the area of existing
structures to be utilized at the time of change of use building permit application. A permit
shall be issued and final inspection approved for the new use prior to operation.
Fred H. Rhoton CUP
Page 2
January 18, 2001
Fire Marshal: Access to storage buildings maintained clear. Additional access to storage
available from Fulton property. Plan approval is recommended.
Health Department: After discussing the situation with Mr. Rhoton concerning his business,
he assured us that there would be no employees inside his home; therefore, the Health
Department has no objection to Mr. Rhoton having a home improvement business at his
house. No employees are allowed to work at his home full-time, unless septic system has
been approved.
Planning and Zoning: The applicant has requested permission to operate a Cottage
Occupation from his property. Cottage Occupations are permitted in the RA (Rural Areas)
Zoning District upon approval of a Conditional Use Permit. Specifically, this request would
enable a home improvement business to operate from the subject property.
Cottage Occupation is defined by the Zoning Ordinance as:
An occupation or profession customarily carried on in a dwelling unit or an accessory
building, which:
A. Actually is carried on wholly within the principal residential building or an accessory
building or structure;
B. Is carried on by no more than one (1) person other than members of the family
residing on the premises; and
C. Is clearly incidental and secondary to the use of the dwelling unit for residential
purposes.
The applicant intends to utilize two existing 12'x 12' buildings for storage of materials
related to the business. The use of these existing accessory structures for the business is the
catalyst necessitating the CUP for a Cottage Occupation. No individuals (beyond that
allowed by the Cottage Occupation definition) or vehicular traffic associated with the
business, are permitted at the property.
Based on the location of the property and the nature of the business, this request does not
appear to negatively impact the surrounding properties.
Fred H. Rhoton CUP
Page 3
January 18, 2001
STAFF CONCLUSIONS FOR THE 01-03-01 PLANNING COMMISSION MEETING:
Approval of this conditional use permit would be appropriate with the following conditions:
1. All review agency comments and requirements, and the definition of a cottage occupation
shall be complied with at all times.
2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may
not exceed four (4) square feet in area.
3. No outdoor storage of any material associated with the Cottage Occupation shall be
permitted.
4. No more than one (1) employee and their vehicle shall be permitted on-site.
5. Any change of use or expansion of the approved Cottage Occupation shall require a new
Conditional Use Permit.
PLANNING COMMISSION SUMMARY & ACTION OF 01/03/01 MEETING:
There were no citizen comments regarding the proposed CUP. The applicant stated that he owns
three trucks, two of which are used by his subcontractors. He added that all work is done off-site.
No issues of concern were raised by the Commission and they recommended approval of the CUP
with the same conditions as recommended by the staff, as follows:
1. All review agency comments and requirements, and the definition of a cottage occupation
shall be complied with at all times.
2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may
not exceed four (4) square feet in area.
3. No outdoor storage of any material associated with the Cottage Occupation shall be
permitted.
4. No more than one (1) employee and their vehicle shall be permitted on-site.
5. Any change of use or expansion of the approved Cottage Occupation shall require a new
Conditional Use Permit.
Fred H. Rhoton CUP
Page 4
January 18, 2001
The majority vote was:
YES (TO APPROVE): Fisher, Kriz, Miller, Ours, Thomas, Marker, Light, Morris, Unger
NO: DeHaven
(Note: Mr. Wilson was absent from the meeting.)
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