HomeMy WebLinkAbout14-00 BOS Staff ReportPC REVIEW: 09/06/00
BOS REVIEW: 09/27/00
CONDITIONAL USE PERMIT #14-00
DIANA ANWAR
Cottage Occupation - Bed and Breakfast
LOCATION: This property is located at 197 Carson Lane.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 84-A-47
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 Agricultural
PROPOSED USE: Cottage Occupation - Bed and Breakfast
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: Existing building shall comply with the requirements of the
Virginia Uniform Statewide Building Code and Section 310, Use Group R (Residential) of
the BOCA National Building Code. Please note Section 310.3 ofBOCA for the requirements
for R-1 buildings. If the occupancy exceeds five (total guests), a change of use building
permit shall be required and a floor plan of the building submitted at the time of application.
Fire Marshal: Plan approval is recommended; no additional comments.
Health Department: See attached letter from John Dailey, Environmental Health Specialist,
dated October 26, 1999.
Sanitation Authority: No Comment
Planning and. Zoning: The proposed bed and breakfast operation will take place in the
existing home. The scale of the proposed use is more intense than is generally associated with
a single-family dwelling unit. Therefore, it is appropriate to consider this proposed bed and
breakfast as a cottage occupation. Cottage occupations are permitted in the RA (Rural
Areas) Zoning District with an approved conditional use permit.
The applicant has stated that two or three bedrooms would be rented in association with the
bed and breakfast operation. However, due to the capacity of the existing drain field, the
Health Department has specified that only one bedroom shall be utilized for the business. The
applicant is currently working to expand the existing drain field in an effort to accommodate
more guests. Conditional use permits for comparable bed and breakfast operations of this
scale were limited to three bedrooms.
The dwelling in which the business will occur is situated on six acres of land and is
approximately 200 feet from the Carson Lane right-of-way. The proposed use is consistent
with the surrounding land uses. Assuming compliance with all review agency comments, it
is staff's belief that the proposed use will not impact the existing community in a negative
manner.
STAFF CONCLUSIONS FOR THE 09-06-00 PLANNING COMMISSION MEETING:
Approval of this conditional use permit would be appropriate with the following conditions:
1. All review agency comments and requirements 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 more than one (1) bedroom shall be utilized for the bed and breakfast operation, unless
otherwise permitted by the Winchester -Frederick County Health Department.
4. Should the Health Department allow additional bedrooms, the total number ofbedroom s shall
not exceed three (3).
5. Any expansion of the bed and breakfast beyond three bedrooms shall require a new
conditional use permit.
PLANNING COMMISSION SUMMARY & ACTION FOR 09/06/00: The applicant was
familiar with the proposed conditions and said that she would be able to comply with them. A
member of the Commission pointed out that if more than six non -family members are served in the
home, an industrial kitchen is required. The applicant stated that she would only be serving
continental breakfasts.
There were no public comments. The Planning Commission believed that the proposed use would
not impact the existing community in a negative manner, if the applicant complied with all of the
reviewing agencies' comments. The Commission unanimously recommended approval with the same
conditions proposed by the staff, as follows:
1) All review agency comments and requirements shall be complied with at all times.
Z) In accordance with Cottage Occupation sign requirements, signage for the proposed use may
not exceed four (4) square feet in area.
3) No more than one (1) bedroom shall be utilized for the bed and breakfast operation, unless
otherwise permitted by the Winchester -Frederick County Health Department.
4) Should the Health Department allow additional bedrooms, the total number of bedrooms shall
not exceed three (3).
5) Any expansion of the bed and breakfast beyond three bedrooms shall require a new
conditional use permit.
(Note: Mr. S. Blaine Wilson, Mr. Richard C. Ours, and Mr. Robert A. Morris were absent from the
meeting.)