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Home My WebLink About06-18 PC Staff Report CONDITIONAL USE PERMIT #06-18 SCOTT F. WHITE – Cottage Occupation; Firearms Dealer Staff Report for the Planning Commission Prepared: May 18, 2018 Staff Contact: Mark R. Cheran, Zoning Administrator Reviewed Action Planning Commission: 06/06/18 Pending Board of Supervisors: 07/25/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a cottage occupation for an in- home firearms dealer. LOCATION: The subject property is located at 110 Renee Lane, Winchester, Virginia. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 06/06/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in-home firearms dealer located within a single-family structure. The 2035 Comprehensive Plan identifies this property within an area of the County that is residential in nature and located within a residential subdivision. This proposed CUP meets the definition of a cottage occupation and based upon the limited scale, it appears this use would not have any significant impacts on the adjoining properties. Should the Planning Commission find this use appropriate, Staff would recommend the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. No signage allowed with this Conditional Use Permit. 3. Hours of operation shall be 10:00 a.m. to 5:00 p.m., Saturday and Sunday. 4. No more than fifteen (15) customers per month. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. Following the public hearing, a recommendation regarding this Conditional Use Permit application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Page 2 CUP #06-18, Scott F. White May 18, 2018 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 06/06/18 Pending Board of Supervisors: 07/25/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a cottage occupation for an in- home firearms dealer. LOCATION: The subject property is located at 110 Renee Lane, Winchester, Virginia. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55K-2-3-151 PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential REVIEW EVALUATIONS: Virginia Department of Transportation: This application for a Conditional Use Permit for this property appears to have little measurable impact on Route 1559, the VDOT facility which would provide access to the property as noted in the application. The existing entrance is acceptable as a low volume commercial entrance, acceptable for the traffic volume noted in the application. Any traffic volume above the amount noted in the application will require a re- Page 3 CUP #06-18, Scott F. White May 18, 2018 evaluation of the CUP. Frederick County Inspections: Conditional Use request to use existing residential office area for M-Mercantile Use. The area utilized shall comply with The Virginia Uniform Statewide Building Code, and ANSLI A117.1-09 – Accessible and Usable Buildings and Facilities. Please submit a permit application for the change of use. Please include a floor plan of the current room layout and label each area. Please submit a before floor plan and after floor plan showing the location of the sales room. Accessible access for customers shall be provided. 20% ANSI rule applies. Customers are by appointment only on weekends. Sales area can be in the Garage which is at grade or the sales room inside. Final inspection/approval with certificate of occupancy shall be issued prior to new use of the facility. Restroom facilities provided inside dwelling and may be subject to 20% ANSI A117.1-09 rule. Frederick County Fire Marshall: CUP approved provided that there be a working smoke detector installed in all areas that are affected by this CUP. At least 1 5lb 2A 10BC fire extinguisher to be hung and tagged in the house. Winchester-Frederick County Health Department: The Health Department has reviewed the request for comments for a Conditional Use Permit to allow on-site gun sales through AGS Guns, LLC by appointment. The proposed business is to be located at a residence at 110 Renee Lane, Winchester, VA 22602; Tax Map #55K-2-3-151. Based upon information supplied by the Applicant and information available to this Health Department, public sewer and water serves the residence. Therefore, this Health Department has no objections to the issuance of the Conditional Use Permit. Applicant is welcome to contact this Health Department at (540) 722 - 3480 with questions about any part of this correspondence. FREDERCK WATER: The property is served by Frederick Water. The proposed CUP wil l not affect service. Planning and Zoning: The 2035 Comprehensive Plan provides guidance when considering land use actions. This proposed in-home firearms dealer is located in an area of the County that is residential in nature and located within a residential subdivision. The Frederick County Zoning Ordinance allows for a firearms dealer in the RP (Residential Performance) Zoning District as a home occupation without having customers visiting the property. The Applicant would like to have a customer base visit his property. A customer base visiting the property for this business is not customary in a residence or within a residential subdivision. Therefore, an approved Conditional Use Permit (CUP) for a cottage occupation is needed to allow customers to visit this business. Page 4 CUP #06-18, Scott F. White May 18, 2018 A cottage occupation is defined as: COTTAGE OCCUPATION - An occupation or profession customarily carried on in a dwelling unit or an accessory building, which: A. Actually is carried on wholly within the principal residential building or an accessory building or structure; B. Is carried on by no more than one person other than members of the family residing on the premises; and C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes. The proposed use will take place within the attached garage of the Applicant’s single-family dwelling. The hours of operations for this proposed business will be from 10:00 a.m. to 5:00 p.m. Saturdays and Sundays. The customer base for this business will be by appointment via the internet with 10-15 customers per month. This proposed CUP meets the definition of a cottage occupation and based upon the limited scale, it appears this use would not have any significant impacts on the adjoining properties. SUMMARY AND STAFF CONCLUSIONS FOR THE 06/06/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in-home firearms dealer located within a single-family structure. The 2035 Comprehensive Plan identifies this property within an area of the County that is residential in nature and located within a residential subdivision. This proposed CUP meets the definition of a cottage occupation and based upon the limited scale, it appears this use would not have any significant impacts on the adjoining properties. Should the Planning Commission find this use appropriate, Staff would recommend the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. No signage allowed with this Conditional Use Permit. 3. Hours of operation shall be 10:00 a.m. to 5:00 p.m., Saturday and Sunday. 4. No more than fifteen (15) customers per month. 5. No employees permitted, beyond those residing on the premises. Page 5 CUP #06-18, Scott F. White May 18, 2018 6. Any expansion or change of use shall require a new Conditional Use Permit. Following the public hearing, a recommendation regarding this Conditional Use Permit application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission.