HomeMy WebLinkAbout01-00 BOS Staff ReportPC REVIEW: 02/02/00
BOS REVIEW: 02/23/00
CONDITIONAL USE PERMIT #01-00
EDWIN L. LAMBERT, JR.
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LOCATION: This property is located at 1521 Cedar Hill Road.
MAGISTERIAL DISTRICT: Stonewall
PROPER'T'Y ID NUMBERS: 33-A-36
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) Districts; Land Use:
Residential and Agricultural
PROPOSED USE: Cottage Occupation - Contractor
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to conditional use permit for this property.
Existing entrance is adequate or 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 that is used for equipment storage or repair shall
comply with the Virginia Uniform Statewide Building code and Section 311, Use Group S
(Storage) of the BOCA National Building Code/1996. Other codes that apply are CABO
A 117.1-92, Accessible and Usable Building And Facilities. Please submit a floor plan of the
existing building at the time of Change of Use building permit application.
Fire Marshal: Vehicle storage only and one employee; no known significant hazard proposed
at this time. Plan approval is recommended.
Edwin Lambert, Jr. CUP #01-00
Page 2
February 17, 2000
Health Department: The application submitted to this office does not indicate a proposed
use (item 8). On November 9, 1999, Planner Mark Cheran stated that the proposed use
involves no actual business operation on the property and no employees occupying the
premises. Therefore, this office has no objection since, according to the above, no sewage
disposal facilities will be necessary to accommodate the proposed use.
Sanitation Authority: No comment.
Planning and Zoning: This proposed use would qualify as a cottage occupation; cottage
occupations are permitted in the RA (Rural Areas) District with an approved Conditional Use
Permit. This structure is a two -bay garage with an attached office from which the business
activities are conducted. As previously noted, this property is zoned RA and the garage is
situated 150 feet from adjoining properties. The property is surrounded by natural wooded
buffers and screening which would mitigate any impacts on adjoining properties.
Staff would recommend that the applicant be limited to having two (2) backhoes on the
property. No outdoor storage of parts or equipment associated with the business shall be
permitted. In accordance with cottage occupation requirements, the backhoes should be
located wholly in the garage. Staff feels that based upon evaluation of the property and the
limited scale of the proposed use, it appears that this business will not have any significant
impact on the adjoining properties.
STAFF CONCLUSIONS FOR THE 02-02-00 PLANNING COMMISSION MEETING:
Staff recommends approval with the following conditions:
All review agency comments shall be complied with at all times.
2. No more than two (2) backhoes shall be kept on the property.
3. All equipment and storage associated with the business shall be kept wholly within the
accessory structure; to include the backhoes.
4. No additional employees shall be permitted.
Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall
not exceed four (4) square feet.
6. Any change of use or expansion of the business will require a new Conditional Use Permit.
Edwin Lambert, Jr. CUP #01-00
Page 3
February 17, 2000
PLANNING COMMISSION SUMMARY & ACTION OF 02/02/00: Staff pointed out that the
applicant is currently operating his business as a Home Occupation, which limits him to one
contractor's vehicle. Staff explained that the applicant wishes to begin operating from an accessory
structure, which is a two -bay garage with an office, and have two backhoes on the premises.
The applicant described his contracting business as the repair of buried gas tanks for service stations;
there will be no welding equipment or dump trucks and he will be the only employee. In response
to Commission inquiry about why two backhoes were needed, the applicant replied that one was for
farm use and one was for his repair business. The applicant believed he would be able to comply with
all of the conditions of his permit. There were no public comments.
The Planning Commission unanimously recommended approval of the conditional use permit with
the same conditions as recommended by the staff as follows:
All review agency comments shall be complied with at all times.
2. No more than two (2) backhoes shall be kept on the property.
3. All equipment and storage associated with the business shall be kept wholly within the
accessory structure, to include the backhoes.
4. No additional employees shall be permitted.
5. Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall
not exceed four (4) square feet.
6. Any change of use or expansion of the business will require a new Conditional Use Permit.
(Note: All Commissioners were present.)