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Home My WebLink About11-00 BOS Staff ReportPC REVIEW: 09/06/00 BOS REVIEW: 09/27/00 f'iVIIIILJ I IYAL VJE rVER1111 T # 1 1 -VV ANTHONY D. OVERBAUGH Cottage Occupation - Construct Tree Stands LOCATION: This property is located at 140 Theodore Drive. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 51-20-6-31 PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) and RA (Rural Areas); Land Use: Residential and vacant PROPOSED USE: Cottage Occupation to Construct Tree Stands 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 306, use group F (Factory) of the BOCA National Building Code 1996. Other codes that apply are CABO Al 17.1-92 Accessible and Usable Buildings and Facilities. Please submit floor plan of the existing building and apply for a Change of Use Building Permit. A Certificate of Use and Occupancy shall be required before conducting business. The certificate will be issued after approved final inspection is performed. Anthony D. Overbaugh CUP #I 1 -00 Page 2 September 20, 2000 Fire Marshal: Plan approval is recommended; no additional comments. Health Department: The Health Department has no objection to Mr. Overbaugh's proposal, as long as he uses the building for making tree stands only and no live-in individuals occupy building; and no employees other than Mr. Overbaugh work in building without an operable bathroom (toilet). Planning and Zoning: This application is a request to allow a Cottage Occupation within an accessory structure. Specifically, the permit will allow for the operation of a tree stand constructing business within an existing outbuilding. A Cottage Occupation is permitted in the RP (Residential Performance) Zoning District upon approval of a Conditional Use Permit. Staff visited the property to evaluate the surrounding properties. The adjoining properties appear to be adequately separated from the location of the proposed use while also being well screened from adjoining property with mature vegetation surrounding the premises. The applicant has also stated that the construction activities will usually occur between 8:00 a.m. and 5:00 p.m. There will be no excessive noise, odor, or outdoor storage of equipment or supplies as a result of this business. In addition, there will be no retail element on the site. Based upon the limited scale of the proposed business, staff feels that the business could operate without significant impact on the adjoining properties. STAFF CONCLUSIONS FOR THE 09-06-00 PLANNING COMMISSION MEETING: Approval of this conditional use permit would be appropriate with the following conditions: i . 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. All activity associated with the Cottage Occupation shall occur inside a completely enclosed structure. 4. No additional employees shall be permitted. 5. No retail sales shall occur on-site. 6. Any change of use or expansion of the approved Cottage Occupation shall require a new Conditional Use Permit. Anthony D. Overbaugh CUP #11-00 Page 3 September 20, 2000 PLANNING COMMISSION SUMMARY & ACTION OF 09/06/00: Members of the Commission had several questions for the applicant. They asked whether wood or metal would be used for construction of the tree stands. The applicant replied that the stands would be constructed from aluminum. Commissioners inquired if the applicant understood that retail sales at the site were prohibited. The applicant stated that he had no problems with this arrangement and said that he planned to sell the tree stands through local sporting goods shops. When asked if he was comfortable with all of the recommended conditions, the applicant replied that he was. There were no citizen comments. Based on the limited scale of the proposed use, the Planning Commission believed the business could operate without significant impact on the adjoining properties. The Commission unanimously recommended approval with the same conditions stated by the staff, as follows: 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) All activity associated with the Cottage Occupation shall occur inside a completely enclosed structure. 4) No additional employees shall be permitted. 5) No retail sales shall occur on-site. 6) Any change of use or expansion of the approved Cottage Occupation shall require a new Conditional Use Permit. (Note: Mr. Wilson, Mr. Morris, and Mr. Ours were absent from the meeting.)