HomeMy WebLinkAbout09-00 BOS Staff ReportPC REVIEW: 06/07/00
BOS REVIEW: 07/12/00
CONDITIONAL USE PERMIT #09=00
WILLARD AND JOYCE UMBENOUR
Cottage Occupation - Television Repair Service
LOCATION: This property is located at 160 Grasshopper Lane.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 34 -A -25A
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 - Television Repair Service
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to conditional use permit for this propertv.
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 for the CUP shall
comply with the Virginia Uniform Statewide Building Code and Section 304, Use Group B
(Business) of the BOCA National Building Code. Please submit a floor plan of the area for
review at the time of change of use building permit application. Permit shall be issued and
inspection approval given prior to issuance of a certificate of use and occupancy.
Fire Marshal: Maintain 12' height and width clearances to accommodate fire apparatus
access to dwelling. Plan approval is recommended.
Willard and Joyce Umbenour
Page 2
July 5, 2000
Health Department: The Health Department has no objections to Mr. and Mrs. Umbenour
having a TV Service at their residence as long as no employees are hired. If employees are
hired, the Health Department would need to know how many, for dosing calculations.
City of Winchester: No comments.
Planning and Zoning: This Conditional Use Permit is in response to a zoning violation
complaint that staff received. The applicant was cited for the operation of an illegal business
(TV repair service). Obtaining a CUP for this cottage occupation is an available option to
resolve the violation.
The Zoning Ordinance allows for Cottage Occupations with a Conditional Use Permit in the
RA (Rural Areas) Zoning District. TV repair service would qualify as a cottage occupation.
The TV repair service will take place in an accessory structure located on the applicants'
property; the accessory structure is 100 feet and 50 feet, respectively, from the adjoining
property lines. The applicant stated that there is to be a minimal amount of customers visiting
the property. Based upon the limited scale of the proposed use and evaluation of this
property, it appears this use would not have any significant impacts on the adjoining
properties.
STAFF CONCLUSIONS FOR THE 06-07-00 PLANNING COMMISSION MEETING:
Staff recommends approval with the following conditions:
1. All review agency comments shall be complied with at all times.
2. Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall
not exceed four (4) squire feet.
3. Any change of use or expansion of the business will require a new Conditional Use Permit.
PLANNING COMMISSION SUMMARY & ACTION OF 06/07/00 MEETING:
Two citizens were present to speak regarding the proposed conditional use permit. The first, a
resident on Brucetown Road, came forward speak on behalf of his daughter and son, both of whom
have homes along Brucetown Road, and himself. He said that they have not experienced any
problems with the traffic or any other aspect of the business so far and supported Mr. Umbenour's
request.
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Willard and Joyce Umbenour
Page 3
July 5, 2000
A resident at 142 Grasshopper Lane did not object to the existing television repair service, but was
opposed to over-the-counter sales because of the amount of traffic this potentially could generate on
their shared 22' -wide gravel right-of-way. He stated that Grasshopper Lane is narrow; there is not
enough width for two cars to pass each other; and he did not believe it would accommodate a lot of
traffic.
Commissioners were of the opinion that because this conditional use was located on a shared, very
narrow driveway serving three properties and because of the potential for increased traffic, the "over-
the-counter" sales portion of the business should not be permitted. The Commission unanimously
recommended approval with the following conditions:
All review agency comments shall be complied with at all times.
2. Any proposed business sign shall conform to the Cottage Occupation sign requirements; the
sign shall not exceed four square feet.
3. Any change of use or expansion of the business will require a new Conditional Use Permit.
4. No "over-the-counter" sales are permitted.
(All members of the Commission were present.)
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