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HomeMy WebLinkAbout08-00 BOS Staff ReportPC REVIEW: 06/07/00 BOS REVIEW: 07/12/00 CONDITIONAL USE PERMIT #08-00 MERRILL K. HAUSENFLUCK Cottage Occupation - Woodworking/Auctioneering LOCATION: This application involves the property at 669 Salem Church Road and the parcel to the immediate south. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 85-A-120 & 85 -A -120A 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 Vacant PROPOSED USE: Cottage Occupation - Woodworking/Auctioneering 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 for the woodworking shall require a change of use building permit. Please submit a floor plan of the area at the time of permit application. Fire Marshal: Electric service to building to be brought up to code. Plan approval is recommended. Health Department: The Health Department has no objection to the applicant's proposal. Merrill K. Hausenfluck CUP Page 2 July 5, 2000 Mr. Hausenfluck has stated that he and his wife are to be the only employees of this business. Planning and Zoning: This application is a two-part request to allow a cottage occupation within an accessory structure and also to allow for auctions to occur on site. Specifically, this cottage occupation would allow the applicant to build wooden furniture in an existing outbuilding and hold occasional auctions on the property. Cottage occupations are permitted in the RA (Rural Areas) Zoning District upon approval of a Conditional Use Permit (CUP). The applicant plans to build wooden items including cradles, picnic tables, and dog houses within an existing detached garage which has a floor area of approximately 480 -square -feet. The existing building appears to adequately accommodate the proposed woodworking activities. All furniture making activities are to occur within the structure. As a result, there will be no excessive noise or odor generated by the cottage occupation. The existing outbuilding is more than 200 feet from the Salem Church Road right-of-way. Adjoining properties with residential uses are not in close proximity to the existing outbuilding. In addition to the woodworking operation, the applicant intends to auction miscellaneous items that may include farm machinery, and livestock such as goats and horses. The applicant has specified that no more than three auctions would occur per year. In accordance with the conditions of a cottage occupation, all auction items are to be kept in an enclosed structure, except for large farm machinery and animals. Items will be moved outdoors during the time of the auction. Staff has concerns regarding the need for adequate parking, sanitary facilities, and safe ingress and egress to and from the property during auction events. With that in mind, staff would require a minor site plan to address these issues. During the review of this application, staff discovered that the structure in which the business will occur is located on the adjacent property owned by Mr. Hausenfluck. Therefore, to consider this as a cottage occupation, the accessory structure should be located on the same parcel as the Hausenfluck's home. This may be achieved by either a lot consolidation or boundary line adjustment. This action should be a condition of approval. Merrill K. Hausenfluck CUP Page 3 July 5, 2000 STAFF CONCLUSIONS FOR THE 06-07-00 PLANNING COMMISSION MEETING: Approval of this conditional use permit may be appropriate with the following conditions: All review agency comments shall be complied with at all times. 2. All woodworking shall occur and be stored inside a completely enclosed structure. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. 4. Approval of the auctioneering portion of this conditional use permit shall be conditioned upon the approval of a minor site plan. 5. No more than 4 (four) auctions shall be held in one calendar year. 6. All auction items, excluding animals, are to be stored inside a completely enclosed structure when not being displayed for auction purposes. 7. Approval of this conditional use permit shall be granted at the time when the primary dwelling and accessory structure are located on the same parcel, thereby meeting the requirements of a cottage occupation. Any change of use or expansion of the approved cottage occupation shall require a new conditional use permit. PLANNING COMMISSION SUMMARY & ACTION OF 06/07/00 MEETING: The applicant stated that he will be renting port -a johns for use during auctions and he has plenty of off-street parking. Occasionally, he will be auctioning animals, which would be housed in existing buildings on his property or his brother's adjoining property. He was interested in keeping the business low-key and with minimal expense. There were no citizen comments. Based on the limited scale of the proposed use, the Commission did not believe it was necessary for the applicant to submit a site plan. Commission members believed that adequate parking and sanitary facilities had been adequately addressed. The commission unanimously recommended approval with the following conditions: All review agency comments shall be complied with at all times. Merrill K. Hausenfluck CUP Page 4 July 5, 2000 2. All woodworking shall occur and be stored inside a completely enclosed structure. 3. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. 4. No more than 4 (four) auctions shall be held in one calendar year. 5. All auction items, excluding animals and large farm machinery, are to be stored inside a completely enclosed structure when not being displayed for auction purposes. 6. Approval of this conditional use permit shall be granted at the time when the primary dwelling and accessory structure are located on the same parcel, thereby meeting the requirements of a cottage occupation. 7. Any change of use or expansion of the approved cottage occupation shall require a new conditional use permit. (Note: All members of the Commission were present.) CAMyFiles\Hackup of OU-lausenfluck—pd