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02-18 Alisha Feltner Nail Salon (Home Occupation) - Back Creek - Backfile
CUP TRACKING SHEET OPEN FILE: File opened a d Reference Manual updated/number assigned -�7 D-base updated Location maps requested from Mapping Dept. I C� Adjoiner list given to Planner 3 Scan documents to Planning S: drive f 1.0 Application Action Summary updated Scan additional items as needed (Project Planner to direct) ACTION Planning Commission Meeting P C 18 Board of Supervisors Meeting a CLOSE FILE: a ' Approval (or denial) letter mailed to applicant, copy to Inspections Dept., copy to file and other cc's �O File stamped "approved", "denied" or "withdrawn" Reference manual updated D-base updated g Scanning updated N ali ( Application Action Summary updated Sys ID # C i 2 0 8 e DATE OS /O RECEIVED FROM FOR E ACCOUNT HOW PAID BEGINNING CASH BALANCE AMOUNT ' CHECK PAID 1 BALANCE MONEY DUE ORDER RECEIPT 72.1492 DOLLARS $ 7� B ©2001 REDIF 8 S1657N-CL ORDINANCE Action: PLANNING COMMISSION: April 4, 2018 Public Hearing Held Recommended Approval BOARD OF SUPERVISORS: April 25, 2018 ORDINANCE CONDITIONAL USE PERMIT #02-18 ALISHA FELTNER (Nail Salon, Home Occupation) WHEREAS, Conditional Use Permit #02-18 for a cottage occupation for an in -home nail salon, submitted by Alisha Feltner was considered. The Property is located at 464 Layside Drive, Winchester, Virginia and is further identified with Property Identification 51- A-129, in the Back Creed Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on April 4, 2018, and recommended approval of the Conditional Use Permit; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on April 25, 2018; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #02-18 for a cottage occupation for an in -home nail salon on the parcel identified by Property Identification 51-A-129 with the following conditions: PDRes #15-18 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 4:00 p.m., Monday through Friday. 4. No more than eight (8) customers per week. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit Passed this 25th day of April 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Nay Gary A. Lofton Aye J. Douglas McCarthy Aye Judith McCann -Slaughter Aye Shannon G. Trout Aye Blaine P. Dunn Aye Robert W. Wells Aye A COPY ATTEST Kris ieri eA�ydministrator Frederick Cou PDRes #15-18 BOS ,Res. #085-18 2 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 NOTIFICATION OF PUBLIC HEARING April 11, 2018 Fax: 540/ 665-6395 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #02-18 FOR ALISHA FELTNER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 25, 2018, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #02-18 for Alisha Feltner — which submitted for a cottage occupation for a nail salon. The property is located at 464 Layside Drive, Winchester, Virginia and is identified with Property Identification Number 51-A-129 in the Back Creek Magisterial District. Any interested parties wishing to speak may attend this public hearing. A digital copy of the application will be available for review online through the planner access terminal, at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Information regarding this application will also be available via the Plamiing Department's website at www.fcva.us. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This i to certify that the attached correspondence was mailed to the following on _ '`, ! 1 U from the Department of Planning and Development, Frederick Coun , Vi ginia: -- - -- - - - — - - - - 51 •10.2• 9•C - - 51 - A• • 129- SPERLING SCOTT M I BOWMAN MARK A I SPERLING LAURA A BOWMAN JUNE L 256 SAWYER LN PO BOX 1122 WINCHESTER VA 22602.2130 BERRYVILLE VA 22611.8122 1- _ --_ - - - - - - -- -- - - 51 . A- • 128- I-= 51 •4- 2. 8• BOUSQUET MARCEL G & RUTH RAE MUDRY MONTY BOUSOUET NICHOLAS F MUDRY GINA M 340 SAWYER LN 461 LAYSIDE DR 22602 2123 WINCHESTER VA 22602.2131 WINCHESTER VA 51 • A.. 106 - - ---- - - - FOX RONALD A 475 LAYSIDE OR WINCHESTER VA 22602 2123 - 51 • A• .107- � FRAPPOLLO ANTHONY J 479 LAYSIDE DR WINCHESTER VA 22602.2123 51 - A• • 130 - EUTSLER ROBERT L JR EUTSLER BETTINA L 181 SAWYER LN WINCHESTER VA 22602.2172 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1, qqQ' - , a Notary Public in and for the State and Count y aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the De ar ent of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. l f� Given under my hand this 11 day of--I/n My commission expires on O NO�'ARY PMW DEFTER Pusuc REGISTRATION #364474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES f .--- DECEMBER•31, 2021 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 NOTIFICATION OF PUBLIC HEARING March 21, 2018 Fax: 540/ 665-6395 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #02-18 FOR ALISHA FELTNER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, April 4, 2018, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #02-18 for Alisha Feltner — which submitted for a cottage occupation for a nail salon. The property is located at 464 Layside Drive, Winchester, Virginia and is identified with Property Identification Number 51-A-129 in the Back Creek Magisterial District. Any interested parties wishing to speak may attend this public hearing. A digital copy of the application will be available for review online through the planner access terminal, at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, / Mark R. Cheran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 m Thi is to certify that the attached correspondence was mailed to the following on 3 ,, I � from the Department of Planning and Development, Frederick County,Virginia: 51 - A- - 128 - - - - MA - - --- BOUSQUET MARCEL G & RUTH RAE 51 - A• • BOUSOUET NICHOLAS F BOWMAN MART{ A 340 SAWYER LN BOWMAN JUNE L i WINCHESTER VA 22602.2131 PO BOX 1122 BERRYVILLE VA 22611.8122 -- -- 51 •4- 2• 8- MUDRY MONTY MUDRY GINA M j 461 LAYSIDE DR WINCHESTER VA 22602.2123 51 - A- - 106- FOX RONALD A 475 LAYSIDE DR WINCHESTER VA 22602.2123 51 - A- - 107- FRAPPOLLO ANTHONY J 479 LAYSIDE DR WINCHESTER VA 22602.2123 51 • A- - 130 - EUTSLER ROBERT L JR EUTSLER BETTINA L 181 SAWYER LN j WINCHESTER VA 22602.2172 - 51 -10.2• 9-C SPERLING SCOTT M SPERLING LAURA A 256 SAWYER LN WINCHESTER VA 22602 2130 - -- -- - " Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Dep -tment of Planning and Development, whose name is signed to the foregoing, dated ( �- _, has personally appeared before me and acknowledged the same in my St e and County aforesaid. Given under my hand this O day off �. �U My commission expires on NOT Y FIR, e•s38tNg' �IINIJHIA 40 OH11 3MNOInJWo3 t'cvr9C 9 NOlibalslE)dd 0119(ld AHV10N -.��-,,,a d3.133a blbWdd �4r March 21, 2018 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 NOTIFICATION OF PUBLIC HEARING Fax: 540/665-6395 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #02-18 FOR ALISHA FELTNER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, April 4, 2018, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #02-18 for Alisha Feltner — which submitted for a cottage occupation for a nail salon. The property is located at 464 Layside Drive, Winchester, Virginia and is identified with Property Identification Number 51-A-129 in the Back Creek Magisterial District. Any interested parties wishing to'speak may attend this public hearing. A digital copy of the application will be available for review online through the planner access terminal, at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd )b ;XL,-, 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 -4 L)a- i o' 1 fAs f TO:LANCE-DATA PROCESSING -}I 5 1_ A_ (a9 FROM: PAM - Planning Dept. Ple7[71 nt � sets of labels by 7. Adjoining Property: � THANKS! North �Q ��� USE Q East t� �► South West rt ZONING 8. The type of use proposed is (consult with the Planning Dept. before completing): 9. It is proposed that the following buildings will be constructed: i�iO�o 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These veovle will be notified by mail of this annlication- Name and Property Identification Number Address Famme MOC 4_k- �100l (�l�d p�� l W, pe# Jrty 1—y; _:7 Eano 5 5l ✓` 1& rty # Name . Lo-1 S' Vc , � OL 33 Property # /'0 7� Name l M (F'r �ff� ' Property # S% `4 - 3 Name(=M ri a l �Q,V✓ lL� V Property # S /� / - !�_ Name Property # �� Name Property # < 0 FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 02/28/18 REQUESTED COMPLETION DATE: 03/15/18 REQUESTING AGENT: Pam STAFF MEMBER: Mark TYPE OF MAP: Comp Plan Transportation Locator ✓ TDR Ag & Forest District CIP Other PIN: 51-A-129 DESCRIPTION OF REQUEST: CUP #02-18 Alisha Feltner (Nail Salon) COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 26, 2018 Alisha Feltner 464 Layside Drive Winchester, VA 22602 Re: CUP #02-18 Property Identification Number 51-A-129 Dear Ms. Feltner: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on April 25, 2018. Conditional Use Permit #02-18 was approved for a cottage occupation for an in -home nail salon. Further conditions associated with the approval of the Conditional Use Permit include the following: 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 4:00 p.m., Monday through Friday. 4. No more than eight (8) customers per week. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd cc: Gary A. Lofton, Back Creek Board of Supervisor J. Rhodes Marston and Greg L. Unger, Back Creek Planning Commissioners Jane Anderson Commissioner of Revenue Inspection Department 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 0 Kathy Smith From: Microsoft Outlook To: Greg Unger Sent: Thursday, April 26, 2018 11:35 AM Subject: Relayed: CUP # 02-18 Approval Letter Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Greg Unger (greglunger(&yahoo.com) Subject: CUP # 02-18 Approval Letter Kathy Smith From: Microsoft Outlook To: Rhodes Marston Sent: Thursday, April 26, 2018 11:33 AM Subject: Relayed: CUP#02-18 Approval Letter Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Rhodes Marston (jrmmarston@gmail.com) Subject: CUP#02-18 Approval Letter • Kathy Smith From: Microsoft Outlook To: Gary Lofton Sent: Thursday, April 26, 2018 11:32 AM Subject: Delivered: CUP#02-18 Approval Letter Your message has been delivered to the following recipients: Gary Lofton (ClloftonWcva.us� Subject: CUP#02-18 Approval Letter co <00 CONDITIONAL USE PERMIT #02-18 ALISHA FELTNER — Cottage Occupation; Nail Salon Staff Report for the Board of Supervisors Prepared: April 16, 2018 Staff Contact: Mark R. Cheran, Zoning Administrator Reviewed Planning Commission: 04/04/18 Board of Supervisors: 04/25/18 Action Public Hearing Held; Recommended Approval Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a cottage occupation for an in - home nail salon located within a single-family detached structure. LOCATION: The subject property is located at 464 Layside Drive; Winchester. EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION FOR THE 04/25/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in -home nail salon located within a single-family detached structure. This use would be operated from one room in the basement of the dwelling. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain rural in nature. 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 Board of Supervisors find this use appropriate, the Planning Commission 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 4:00 p.m., Monday through Friday. 4. No more than eight (8) customers per week. 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 this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #02-18, Alisha Feltner April 16, 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: 04/04/18 Public Hearing Held; Recommended Approval Board of Supervisors: 04/25/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a Cottage Occupation for an in - home nail salon located within a single-family detached structure. LOCATION: This property is located at 464 Layside Drive, Winchester, Virginia MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-129 PROPERTY ZONING: RA (Rural Areas District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential 0 0 Page 3 CUP #02-18, Alisha Feltner April 16, 2018 REVIEW EVALUATIONS: Virginia Department of Transportation: The proposed business is located on a private road and therefore VDOT has no comments. Frederick County Inspections: Area shall comply with The Virginia Existing Building Code, The Virginia Uniform Statewide Building Code and Section 302-13, Business Use Group of the International Building Code/2012. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities. Conditional use of existing basement area as nail spa. A change of use permit is required. Please submit a detailed floor plan with your permit. A mechanical permit and an electrical permit is required for the installation of the required ventilation. Each nail station shall be provided exhaust with a source caption system of 50 cfm per station. Lever type hardware shall be provided on all doors along the accessible route and business areas. 20% ANSI Al 17-09 rule apples. Frederick County Fire Marshall: Conditional Use Permit (CUP) approved provided that all areas that pertain to this CUP have: At least one 51b. 2A:10BC fire extinguisher be hung & tagged in a readily accessible location in the area being used as a business. At least one smoke detector be installed in the area of the business. Winchester -Frederick County Health Department: The Health Department has reviewed the request for comments for a Conditional Use Permit for a proposed nail service business, to be operated out of a home located at 464 Layside Drive, Winchester, VA 22602; Tax Map #51-A- 129. Based upon records on file with this Health Department, the residence is served by a sewage disposal system capable of treating 600 gpd, or 4 (four) bedrooms, with a maximum occupancy of 8 (eight) persons. The dwelling is served by a private water supply, or well. The owner/applicant says that there will be a maximum of 8 customers/week, with the business operating 2 (two) days/week. Each customer will require a maximum of about 4-5 hrs. each visit. According to the occupant, there are currently 3 (three) full-time occupants living in the home. It is the opinion of this Health Department that the operation of this home business will not adversely affect the sewage disposal system or water supply serving the dwelling. This Health Department recommends that the applicant choose products that are not harmful to the proper operation of the sewage disposal system. �J Page 4 CUP #02-18, Alisha Feltner April 16, 2018 Planning and Zoning: The 2035 Comprehensive Plan provides guidance when considering land use actions. This proposed in -home nail salon is located in an area of the County intended to remain rural in nature. The Frederick County Zoning Ordinance allows a nail salon as a cottage occupation in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). 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 one room of the basement of the Applicant's single- family dwelling. The Applicant is proposing one pedicure chair, one nail counter, a waiting area and a retail counter as depicted on the sketch provided in the application. There will be no employees and no more than eight (8) customers per week will be permitted. The hours of operation will be from 10:00 a.m. - 4:00 p.m., Monday through Friday. The Applicant has agreed to the customer number limitation, hours of operation, and days of operation. There will be no signs with this Conditional Use Permit. STAFF CONCLUSION FOR THE 04/04/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in -home nail salon located within a single-family detached structure. This use would be operated from one room in the basement of the dwelling. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain rural in nature. 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 4:00 p.m., Monday through Friday. 4. No more than eight (8) customers per week. 0 Page 5 CUP #02-18, Alisha Feltner April 16, 2018 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 04/04/18 MEETING: Staff reported this is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in -home nail salon located within a single-family detached structure. Mr. Cheran continued the property is currently zoned RA (Rural Areas) District and the current land use is residential. Staff noted the surrounding properties are also zoned RA and the uses are residential. Mr. Cheran provided a location map of the property. Staff continued, the Zoning Ordinance allows a nail salon as a cottage occupation in the RA (Rural Areas) District with an approved Conditional Use Permit. Staff explained, this proposed use will take place within one room of the basement of the Applicant's single-family dwelling. Staff noted, the Applicant is proposing one pedicure chair, one nail counter, a waiting area, and a retail counter as depicted on the sketch provided by the Applicant. Staff presented the conditions as recommended: • All review agency comments and requirements shall be complied with at all times. • No signage allowed with this Conditional Use Permit. • Hours of Operation shall be 10:00 a.m. to 4:00 p.m., Monday through Friday. • No more than eight (8) customers per week. • No employees permitted, beyond those residing on the premises. • Any expansion or change of use shall require a new Conditional Use Permit. A Commission Member stated a letter was received from the Home Owners Association (HOA) stating there are no businesses allowed in the homes, he reminded everyone this is a private covenant and outside the hands of the County. Staff explained the HOA does have private covenants and the Applicant has met the requirements of a Cottage Occupation. Mr. Roderick Williams, County Attorney, clarified the letter from the HOA actually states there are no restrictions in the covenants preventing a home -based business. Julie Zuckerman residing at 220 Layside Drive came forward with her concerns of the traffic this will generate, the disruption to their peaceful private neighborhood, and she feels this will open the door for other businesses to evolve in the subdivision creating an issue to the security of everyone residing there. Lisa Creamer of 427 Layside Drive read from the covenants which state: all said lots shall be used for residential purposes only. Ms. Creamer shared her concerns with traffic and the disruption in privacy. Bettina Eutsler of 181 Sawyer Lane stated this subdivision is for residential purposes only and 0 • Page 6 CUP #02-18, Alisha Feltner April 16, 2018 businesses should not be allowed. Ms. Eutsler noted the HOA has not voted on this. Laura Clark of 393 Layside Drive shared her concerns with traffic and the privacy of longtime residents being disturbed. William Hudnutt of 357 Layside Drive and the President of the HOA commented the covenants do not restrict this home -based business; this will be an agenda item at the annual meeting and to restrict this, the declaration would have to be changed. Mr. Hudnutt noted the HOA is scheduled to meet on May 12, 2018. David Hershey of 269 Pinnacle Ridge commented his concern is opening the door for future businesses within the development. Laura Sperling of 256 Sawyer Lane echoed the concerns of her neighbors regarding traffic, privacy, and security. Alisha Feltner, the Applicant came forward and explained; her clients would consist of eight (8) a week. Ms. Feltner noted she has been doing nails for over 16 years and she respects her neighbors., A Commission Member asked the Applicant if she has been doing nails out of this location prior to this CUP. Ms. Feltner replied no she has not. The Commissioner commented he does not see how eight (8) people a week would disturb the neighborhood. A Commission Member commented, the Planning Commission needs to vote how it will affect the County and surrounding area and not apply the covenants of the HOA since that is a private matter. A Commission Member stated he respects the neighbors and the Planning Commission needs to look at this as being acceptable based on the conditions; eight (8) people a week is not many. A motion was made, seconded, and unanimously passed to recommend approval. (Note: Commissioners Thomas and Triplett were absent from the meeting) EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION FOR THE 4/25/18 BOARD OF SUPERVIORS MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in -home nail salon located within a single-family detached structure. This use would be operated from one room in the basement of the dwelling. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain rural in nature. This proposed CUP 9 0 Page 7 CUP #02-18, Alisha Feltner April 16, 2018 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 Board of Supervisors find this use appropriate, the Planning Commission 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 4:00 p.m., Monday through Friday. 4. No more than eight (8) customers per week. 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 this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Applications Parcels Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) E 0 � O Ep�o� Op ��pPG �p CUP # 02 - 18 Note: Frederick County Dept of Alisha Feltner Planning & Development PIN: 107 N Kent Si 51 - A - 129 Suite 202 e Nail Salon Winchester, VA 22601 Zoning Map 540 - 665 - 5651 Map Created: February 28, 2018 Staff: mcheran 0 70 140 280 Feet NYER LN CUP #02 - 18 S4 WY(R ,N Alisha Feltner PI N: -A-129 ' 256 ail Salon SAWYER LNG F / � Location Map 1.1YER LN � 427 L41 SIDE D \ i 51 A 129 t, LAYSIDE OF 340 'YER I N 340 SAWYER LN �1. _ LAYSIDE,DR 479 •.a t� n AYS!Dr ;R ti 269� .PrIaN.Nr'CLEE �O Submittal Deadline ;- '► - IV P/C Meeting] L 1' BOS Meeting l APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one) Property Owner —F-1— Other NAME: ADDRESS: TELEPHONE: 5q-0' c3q-- I ' � 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and i clude the routes number of your road or street) `j� LQy' L-CLq S OQ-. 1Cl1/e-, Uj% n-Q`')W) Vo-. a�L (VQ Loc or-)+`r\ NW SIA-St_ ck LrtusLrle- QrLVeA Uri -f-1u SW S Ltd er�- SGLU3,1Cc ( a a, 00Q M, S . 5Fn % [OR 4. The property has a road frontage ofAj:s1)eA feet and a depth of c+�xwzi feet and consists of 3 = 6* 1 acres. (Please be exact) 5. The property is owned by \AY-kA IMQ-, y1JY1( CX4-) as evidenced by deed from Mn j (previous owner) recorded in deed book no. on page �� as recorded in the records of the Clerk of the Circuit Court, County of FrederickST-05-rfLAry-le )-t -*�-' t '�0( J U5�3 6. Property Identification Number (P.I.N.) Magisterial District Current Zoning Adjoining Property: North East South West US ZONING � �lC� 0 01 bi 8. The type of use proposed is (consult with the Planning Dept. before completing): 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and PropertyIdentification Number Address Name Mon -Ll 6--i 10o Nub i �, y'w t 1 ,I� a- Property # 51-42-8 F51-Aame ,, '1� Si , y E Q i odlestr Va ty # -106 Name��J V- Property # 51-A-107 Name O' l ' t -` .M L -•r Property # 5I-A-130 Name rl n )CL� �A kDFV } v Property # 51-102-9C Name't�� r ,r` 1 vOL ' Property # 51-A--128 Name Property # • 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including meas rements to all property lines. .z Lal �G� 1. rl-� �J�..�i1, I�+� H � t r j �ri-r ' r C Q 8 r 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant _ Signature of Owner _ Owners' Mailing Address Owners' Telephone No. TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: • 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederiek.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By Those Present: That I (We) (Name) MC-1L d June'IJpIDmOL.n (Phone) 55,qO - q-14 o�S� M ai 1 I nr,:�s (Address) VO [5vk I \aa (rrN V t Il �� �lo� oCo_I 1 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. I �Q OD Q\W5 3 on Page Parcel: Lot: 9 A Block: Section do hereby make, constitute and appoint: and is described as Subdivision: LaUsld_ ��-6-s (Name) A �tsha VA !le'r (Phone) r,,)L�0- C� L�_� 3t) 44 (Address) L� at&C To act as my true and lawful and authority I (we) would 1 described Property, including: dt@SStCA MARQARffA m Eirrvu♦ wv cobhl"M EXPM =. 31. 2= grow r 7eeole0 .e1 Orkyk-, vox oa attorney -in -fact for and in my (our) name, place, and stead with full power ave if acting personally to file planning applications for my (our) above Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) _ Subdivision Site Plan Variance or Appeal Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: nUVile_ This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. �jj In witness thereof, I (we) have hereto set my (our) hand and seal this N day of �� 200 b , Signature(s) State of Virginia, City/Countyof l�.(, Q,Le To -wit: 7J1"*iU�M%RQAWrA Ei.Et TEND WrAMPUBM I, a Notary Public in LM 31 2p�p aforesaid, certify that the person(s) who sired to the foregoing instrument person andpas is nowledged the same be o e mef i� the jurisdiction aforesaid this � day of �4�, 200 n I `y ` T X /\ V1-i My Commission Expires: . � l , 2o� Revised p \19 diff 3,570 pG S a Q` ` r� d� 'a / ' , I00' a !Od g0' O N SCALE IN FEET .00 to Ln HOUSE LOCATION SURVEY OF THE LAND OF KENNETH L. R.EID, JR. AND KAREN S. MORRISON DEED BOOK 822, PAGE I TRACT 129 ((A)), TAX MAP 51 LOT 9A - LAYSIDE DEED BOOK 371. PAGE 92 (PLAT) LOCATED ON THE NORTHWEST SIDE OF LAYSIDE DRIVE AND ON THE SOUTHEAST SIDE OF SA WYER LANE ABOUT 3 IR MILES WEST OF WINCHESTER AND SITUATE IN BACK CREEK MAGISTERIAL DISTRICT. FREDERICK COUNTY, VIRGINIA. NOTE_ NO TITLE REPORT FURNISHED. NOTE: THIS TRACT IS NOT IN THE I(XI YEAR FLOOD PLAIN DESIGNATED BY H.U.D. FIRM COMMUNITY PANEL NO. 5I(X)63 0100 B. DATED IULY 17. 1978. 1 HEREBY CERTIFY THAT ON FEBRUARY 9. 1996 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND TO THE BEST OF MY KNOWLEDGE AND BELIEF TMRE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. iURVEY NO. 175 DUNN LAND SURVEYS, INC. 'HEET NO. I OF I BERRYVILLE, VIRGINIA FEBRUARY 12, 1996 • 0 ORDINANCE Action: PLANNING COMMISSION: April 4, 2018 BOARD OF SUPERVISORS: Apri125, 2018 Public Hearing Held Recommended Approval ORDINANCE CONDITIONAL USE PERMIT #02-18 ALISHA FELTNER (Nail Salon, Home Occupation) WHEREAS, Conditional Use Permit #02-18 for a cottage occupation for an in -home nail salon, submitted by Alisha Feltner was considered. The Property is located at 464 Layside Drive, Winchester, Virginia and is further identified with Property Identification 51- A-129, in the Back Creed Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on April 4, 2018, and recommended approval of the Conditional Use Permit; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on April 25, 2018; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to reflect that Conditional Use Permit Application #02-18 for a cottage occupation for an in -home nail salon on the parcel identified by Property Identification 51-A-129 with the following conditions: PDRes #15-18 11 0 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 4:00 p.m., Monday through Friday. 4. No more than eight (8) customers per week. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit Passed this 25th day of April 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy Shannon G. Trout Robert W. Wells Gary A. Lofton Judith McCann -Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes #15-18 2 0 ! CONDITIONAL USE PERMIT #02-18 ALISHA FELTNER — Cottage Occupation; Nail Salon Staff Report for the Planning Commission w Prepared: March 23, 2018 ,38 Staff Contact: Mark R. Cheran, Zoning Administrator Reviewed Action Planning Commission: 04/04/18 Pending Board of Supervisors: 04/25/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a cottage occupation for an in - home nail salon located within a single family detached structure. LOCATION: The subject property is located at 464 Layside Drive, Winchester. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 04/04/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in -home nail salon located within a single family detached structure. This use would be operated from one room in the basement of the dwelling. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain rural in nature. 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 4:00 p.m., Monday through Friday. 4. No more than eight (8) customers per week. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. Followinz the public hearinz, a recommendation remardinz 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 Planninz Commission. • Page 2 CUP #02-18, Alisha Feltner March 23, 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: 04/04/18 Pending Board of Supervisors: 04/25/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a Cottage Occupation for an in - home nail salon located within a single family detached structure. LOCATION: This property is located at 464 Layside Drive, Winchester, Virginia MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-129 PROPERTY ZONING: RA (Rural Areas District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential Page 3 CUP #02-18, Alisha Feltner March 23, 2018 REVIEW EVALUATIONS: Virginia Department of Transportation: The proposed business is located on a private road and therefore VDOT has no comments. Frederick County Inspections: Area shall comply with The Virginia Existing Building Code, The Virginia Uniform Statewide Building Code and Section 302-13, Business Use Group of the International Building Code/2012. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities. Conditional use of existing basement area as nail spa. A change of use permit is required. Please submit a detailed floor plan with your permit. A mechanical permit and an electrical permit is required for the installation of the required ventilation. Each nail station shall be provided exhaust with a source caption system of 50 cfm per station. Lever type hardware shall be provided on all doors along the accessible route and business areas. 20% ANSI A117-09 rule apples. Frederick County Fire Marshall: Conditional Use Permit (CUP) approved provided that all areas that pertain to this CUP have: At least one 51b. 2A:10BC fire extinguisher be hung & tagged in a readily accessible location in the area being used as a business. At least one smoke detector be installed in the area of the business. Winchester -Frederick County Health Department: The Health Department has reviewed the request for comments for a. Conditional Use Permit for a proposed nail service business, to be operated out of a home located at 464 Layside Drive, Winchester, VA 22602; Tax Map #51-A- 129. Based upon records on file with this Health Department, the residence is served by a sewage disposal system capable of treating 600 gpd, or 4 (four) bedrooms, with a maximum occupancy of 8 (eight) persons. The dwelling is served by a private water supply, or well. The owner/applicant says that there will be a maximum of 8 customers/week, with the business operating 2 (two) days/week. Each customer will require a maximum of about 4-5 hrs. each visit. According to the occupant, there are currently 3 (three) full-time occupants living in the home. It is the opinion of this Health Department that the operation of this home business will not adversely affect the sewage disposal system or water supply serving the dwelling. This Health Department recommends that the applicant choose products that are not harmful to the proper operation of the sewage disposal system. Page 4 CUP #02-18, Alisha Feltner March 23, 2018 Planning and Zoning: The 2035 Comprehensive Plan provides guidance when considering land use actions. This proposed in -home nail salon is located in an area of the County intended to remain rural in nature. The Frederick County Zoning Ordinance allows a nail salon as cottage occupation in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). 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 one room of the basement of the Applicant's single- family dwelling. The applicant is proposing one pedicure chair, one nail counter, a waiting area and a retail counter as depicted on the sketch provided in the application. There will be no employees and no more than eight (8) customers per week will be permitted. The hours of operation will be from 10:00 a.m. - 4:00 p.m., Monday through Friday. The applicant has agreed to the customer number limitation, hours of operation, and days of operation. There will be no signs with this Conditional Use Permit. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 04/04/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in -home nail salon located within a single family detached structure. This use would be operated from one room in the basement of the dwelling. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain rural in nature. 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 4:00 p.m., Monday through Friday. 4. No more than eight (8) customers per week. • 0 Page 5 CUP #02-18, Alisha Feltner March 23, 2018 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. 8 Applications Parcels Building Footprints CUP #02-18 Alisha Feltner PIN: 51 - A - 129 Nail Salon Location Map Note: Frederick County Dept of Planning & Development N Kent St e Suite e 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: February 28, 2018 Staff: mcheran 0 70 140 280 Feet Applications !R Parcels Building Footprints 131 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) t- MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) IRS (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) CUP # 02 - 18 Note: Frederick County Dept of Alisha Feltner Planning & Development PIN: 107 N Kent St 51 - A - 129 Suite 202 e Nail Salon Winchester, VA 22601 Zoning Map 540 - 665 - 5651 Map Created: February 28, 2018 Staff: mcheran 0 70 140 280 Feet Submittal Deadline .3- 4 - I V P/C Meeting i BOS Meeting a APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one) Property Owner �— Other NAME: A V5 ck'- � �( ADDRESS: L� LQ-T LaJ4 S \ &--') Uy—LLQ' 0 �;za (.00� TELEPHONE: bqo - C34-1 " 3:�s44- 2. Please list all owners, occupants, or parties in interest of the property: a,„_. l, . n_ Uao e) a"n 3. The property is located at: (please give exact directions and. it clude the route number of your road or street) �} �� �l�S pf LVe-, Uj1(1C�1P`j1 ei'l vo - d-ta �ovoZ Low a� N W la-Q- DP SW sk& o� ��e_c La ram• �P�al�, 3.5mII-M � cF 4. The property has a road frontage of Sg- jivr� feet and a depth of C +' xi feet and consists of 3 - 6-1 acres. (Please be exact) The property is owned by V\kor�A vfto-- YYAl,7t_-0 as evidenced by deed from Yin S (previous owner) recorded in deed book no. on page _, as recorded in the records of the Clerk of the Circuit Court, County of Frederick=o&f—LArne,()-� ,ii--• 1 UDQ J jc53 Property Identification Number (P.I.N.) Magisterial District P 0 Current Zoning F E B 2 7 2018 L COU,"ITY d ft 00 0 a 7. Adjoining Property: North East South West ZONING 8. The type of use proposed is (consult with the Planning Dept. before completing): M 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name MOt' L j CIDUI lN�l�Ca �� 0 �(✓% 1 V� Property # 51-42-8 rP1.0paeC,[SO 4�rerty# ocheskr o, 51-A-106 Name _kAyno ^� L-(3-qSLdv-, Vc , Property # 51-A-10 7 Name' VO1-QRlt Property # 51-A-130 Name � l t1 ' I 1��((�� -Q� Property# 51-102-9CtA Name TM V-L"+r) V-G� c Tt� 1 �L0 Property# 51-A-128 Name Property # 40 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including meas rements to all property lines. 'S Pta\CAI rQ, C-�-a 1 r 0.pQrUX. LF 40 N 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. C--3I-bo-q4-eV- 25q I TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: r « Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By Those Present: That I (We) (Name) Max- A )U n e+ l,clDm o—r) (Phone) 6540 ' q-1fi ' 9,5 cl Mai l t'Yl4t, (Address) V0 UOY-- 117a 2. rrLAV 1'11R> Ma o;%A l the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. II In OD I Z Q5 3 on Page , and is described as Parcel: Lot: 9 A Block: Section: Subdivision: �S l� �S-iu-IPA do hereby make, constitute and appoint: (Name) A I1Sha Ve., (Phone) ,5L�0'r31}1 3�J q4 (Address) l_CiU31CU1., VY l V<---, Wit' 1C.1 If--S31til I V (A ou wUe% To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: JESSICA MARQARITA El M MEW NOTARY PtM" COMMONWEALTH OF vFXWMA MY COMh+SSM EXPIRES OCT. 31. 2= c omm" w" • 70M OD Rezoning (including proffers) X Conditional Use Permit Master Development Plan (Preliminary and Final) _ Subdivision _ Site Plan Variance or Appeal Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: bUYID This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. , l{'I 1k, In witness thereof, I (we) have hereto set my (our) hand and seal this 2� day of � 200 Signature(s) State of Vir inia, City/County of �` \(,�Q,( Y , To -wit: ,leGIIICA MMQAWA E,EUMONO NOTARY PUBLIC I, a Notary Public in *Am°�2= aforesaid, certify that the person(s) who sigqed to the foregoing instrument person and�l as c owledged the same be f e m W( r the jurisdiction aforesaid this � day ofL 200 1vU My Commission Expires: b I . I,V b Revised 19 4x A0. ///. d% � '.�', y jam. , _ nay r j-''a°" `J 1 / . � oL �¢ Xn� , ."- o\✓ Off`'' C4- 40 A 9A No. V_ ds N 100F 50' 0 oo co HOUSE LOCATION SURVEY OF THE LAND OF KENNETH L. REID, JR. AND KAREN S_ MORRISON DEED BOOK 822, PAGE I TRACT 129 ((A)), TAX MAP 51 LOT 9A - LAYSIDE DEED BOOK 371, PAGE 92 (PLAT) LOCATED ON THE NORTHWEST SIDE OF LAYSIDE DRIVE AND ON THE SOUTHEAST SIDE OF SAWYER LANE ABOUT 3 112 MILES WEST OF WINCHESTER AND SITUATE- IN BACK CREEK MAGISTERIAL DISTRICT. FREDERICK COUNTy, VIRGINIA. NOTE: NO TITLE REPORT FURNISHED. NOTE: T141S TRACT IS NOT IN THE IM) YEAR FLOOD PLAIN DESIGNATED BY H_U.D_ FIRM COMMUNITY PANEL NO. 51(*63 010013, DATED JULY 17,1979 I HEREBY CERTIFY THAT ON FE13RUARY 9, 1996 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON T71E GROUND OTHER THAN THOSE SHOWN HEREON. SURVEY NO. 175 DUNN LAND SURVEYS, INC. ;HEFT NO. I OF I BERRYVILLE, VIRGINIA FEBRUARY 12,1996 qb % Name and Property Identification Number Address Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # • 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address -L' are Owners' Telephone No. 540 t3 -1. 3 F=� l tSV-10 FU+rX TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: APR 1 8 2018 r 0 OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 12/13/16 TIME: 14:50:38 ACCOUNT: CASHIER: KKB REG: WE17 TYPE: DBS "'INSTRUMENT 160012653 BOOK: GRANTOR: REID, KAREN S GRANTEE: BOWMAN, MARK A AND ADDRESS PO BOX 1122 BERRYVILLE, RECEIVED OF MCKEE AND BUTLER CHECK: $1,050.50 DESCRIPTION 1: B C DIST 2: PARCEL OF LAND CONSIDERATION: 232,500.00 A/VAL: 069CLR160012653 RECEIPT: 16000024502 PAYMENT: FULL PAYMENT PAGE: RECORDED: 12/13/16 AT 14:50 EX: N LOC: CO EX: N PCT: 100% VA. 22611 DATE OF DEED: 12/13/16 PAGES: 0 OP: 0 NAMES: 0 223,700.00 MAP: 51-A-129 PIN: 301 DEEDS 14.50 145 VSLF 1.50 038 DEEDS OF CONV. 116.25 220 GRANTOR TAX 116.25 039 DEEDS & CONTRACTS 581.25 213 COUNTY GRANTEE TAX 193.75 212 TRANSFER FEE 1.00 106 TECHNOLOGY TRST FND 5.00 035 VOF FEE 1.00 TENDERED 1,050.50 036 DEED PROCESSING FEE 20.00 AMOUNT PAID: 1,050.50 )CHANGE AMT .00 CLERK OF COURT: REBECCA P.'HOGAN PAYOR'S COPY RECEIPT COPY 1 OF 2 2017 R E C 0I P T - *SUMMARY RECEIPT* 0 FREDERICK COUNTY Date 12/01/2017 C. WILLIAM ORNDOFF, JR Register: LJT/LJTA P.O. BOX 225 Trans. #: 15183 WINCHESTER VA 22604-0225 *** SUMMARY RECEIPT *** Principal Being Paid $ 723.30 Penalty $ .00 Interest $ .00 BOWMAN MARK A Amount` 'Pai'd $ 723.30 BOWMAN JUNE L PO BOX 1122 BERRYVILLE VA 22611-8122 Paid By: Check 723.30 # BBT 1803 Pd by BOWMAN MARK -A November 1, 2017 To Whom It May Concern, Upon review, there are no restrictions in the covenants and/ or bylaws of the Layside Estates Homeowners Association preventing the home based business as described in the attached description submitted by Alisha Feltner. Sincerely, Stacey A. Frye V U Secretary/Treasurer Layside Estates Homeowners' Association, Inc. 364 Layside Drive Winchester, VA 22602 (540)877-2723 Layside Estates 1--IoillcoWilei-s' A.ssocia'lio➢"i, life, Dear Layside Estates HOA board, I'd like to start off by introducing myself. My name is Alisha Feltner. My Fiance and I live at 464 Layside Drive. We feel super blessed to have found such a beautiful place to live in such a great community. We have a 2-year-old son and hope to add to our family in the future. The purpose of my letter today is I am seeking permission to operate a VERY SMALL business out of our home. I am a licensed Nail Technician of 16+ years. I desperately want to cut back at work and be available more for our family. Working from home would allow this flexibility. I would be operating two days a week and seeing an average of 4-people a day. I know it,is important to our community to keep traffic low and quiet. I serve an older clientele and know they will respect our community. My hours would be daytime hours so no traffic would be coming through late at night. It would mostly be when others are at work. Before I can move forward with the county to obtain a Conditional Use Permit I need to have approval from you first. Please contact me at 540-247-3344 for any questions you might have. I want to answer any of them as it is important to me to try to make this happen and be available more for my family. Thank you so much for your time and consideration. Alisha Feltner � o(i�/ acoi7 0 REQUEST FOR CONDITIONAL USE PERMIT Virginia Department of' Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 • O ICTEVE AN 1 ill16 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: PA�_`(- Telephone: 15Lt - 24-1 -Z544 Mailing Address: � CLr un Cat`. Da 412�, �' ame of development anq/or description of the request: a i.c ick } t t► nn4 -tr, ri�orr�e _ n, 1.5► rwSS JR i-m IYU ha'Q- M Virginia Department of Transportation Comments: The proposed business is located on a private road and therefore VDOT has no comment, VDOT Signature & Date: Notice to VDOT - Please Return Form to Applicant 10 f • • euo d�WjWa"JA REQUEST FOR CONDITIONAL USE PERMIT COMM 1v Frederick County Inspections Department Mail to: Frederick County Inspections Department 107 North Kent Street, 2"d Floor Winchester, Virginia 22601 (540)665-5650 Hand deliver to: Frederick County Inspections Department Attn: Building Official 107 North Kent Street, 2nd Floor Winchester, Virginia • at'z Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: k r4 lx i--�,L+ to Telephone: , • 1�4-1 - Mailing Address: ���q l�L 1t►5�_ nc V -0 C 1,l� L of development and/or description of the request: rr w ho . (xve;Ve'v e (2 wigf ci< S 0., Low- . on of PiOperty: 11 1 , , Building Official's Comments: � Building Official's Signature & Date: Notice to Inspections Department - Please Return This Form to the Applicant WA 0 Area shall comply with The Virginia Existing Building Code, The Virginia Uniform Statewide Building Code and section 302 — B, Business Use Group of the International Building Code/2012. Other Code that applies is ICC/ANSI Al 17.1-09 Accessible and Usable Buildings and Facilities. Conditional Use of existing basement area as nail spa. A change of use permit is required. PIease submit a detailed floor plan with your permit. A mechanical permit and an electrical permit is required for the installation of the required ventilation. Each nail station shall be provided exhaust with a source caption system of 50 cfm per station. , Lever type hardware shall be provided on all doors along the accessible route and business areas. 20% ANSI A 117-09 rule apples S;ASite Plan comments\2012\cup business Nail Salon Layside.docx 0 • REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. �w . � ��� 7� x �� x� � .' ,� "°� . Applicant's Name: A�.�fk)CL U 1 . • • Mailing Address: %&CX-Laas&- Dc Sanitation Authority Comments: 1=2L:-LFR1c K UArE2 I�n�C r�Oi S�f�'Of !}/,S PAIrCAI'j. NGI Sanitation Authority Signature & Date: 11 Notice to Sanitation Authority - Please Return This Form to the Applicant 14 � IEc�cudE JAN 1 zei� V I V)Lls I nzw +• • • REQUEST FOR CONDITIONAL, USE PERMIT COMMENTS Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540)665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: A � \;)n(A P-. -� V) C Telephone:5Lc - - i y-1 3344 Mailing Address: 'K oLi L < ! r � l 1 L �. 1 h- 00, C0kr) Name of development and/or description of the request: tw:' l0 %�% �j,���-��ZC� i✓�n c�V� �f^ c� �r1 _ Location of Property: ..�� �viarshal's Comments: if �- Fire Marshal's Signature &Date; '�--_--- .-----�../ Notice to Fire Marshal - Please Return This Form to the Applicant 11 RECEIVED JAN 2 2 2018 0 • Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Email: fmoPfcmus Plan Review & Comments Date Received 1 /22/2018 Plan/Permit Type Conditional Use Permit 01-22-18 Name Alisha Feltner Address 464 Layside DR Winchester Project Name Nail Salon (in -Home) Applicant Name 8 Number Alisha Feltner 540-247-3344 RE# Permit Number Emergency Vehicle Access: Ady6ate Inadequate N/A Hydrant Location: Adequate Inadequate /A Siamese Location: Adequate Inadequate I)I�A Fire Lanes Required: Yes No Plan Approval Status Approve Date Reviewed 1 /24/2018 VA 22602 Comments CUP Approved provided that: *At least 1-Sib 2A:10BC fire extinguisher be hung 8 tagged in a readily accessible location in the area being used as a business. *At least 1 smoke detector be installed in the area of the business Signature: Reviewed By: (enneth Scott, Jr. Title: 06 *7-0�T 7 f4 c a, REQUEST FOR CONDITIONAL USE PERi\11T COo1IMENT's NA inchester-Frederick Count, Health Department Mail to: Fredcrick-Winchesicr 1lcalth Departmcni Attn: Sanitation Enuinecr 107 North Kent Strect Winchester, Virginia 22601 (540)722-3480 I land deli% cr to: Frederick -Winchester Health Department Attn: Sanitation Fngincer 107 North Kent Strccl. guile 201 Winchcster, Virginia Applicant: It i. V our responsibility to complete this fonii as accurately as possible in order to assist the aocncy % ith their rc\ ic\r. Alsu, hlcasc anach t��� (3) eupics uJ your application tiro», lorotion nr<tp ;ut�l all other pertinent iniorntation. Applicant's Name: �5 � rciephonc: Ulailing Address: _Lt ick '(-1ve�j— Name of evelopment and/or descril Or �J c a M6 o M! Y Location or property: of' therecluest: I rcderick-\1'inchc�tor I1calth I)cpartment'sComments: Health Dept. Signature & Date: _._. Notice to Health Department - Please Return This Form to the Applicant 13 meo►)S C>o InarsY� c,�n2rc� i (OAS / GSSenA is Q, p 1 i t EVSDV,n ate- c�i ddwr> df-a:kn . t k c, LrQ o (Lr mesh► On aVe,c-Oq., 0 o� vJ2e,1C._., oj- dote. VIIA. CA- oL - Vt -a � 1- �1� w Wo d Nmb)Q- 0 • Lord Fairfax Health District Frederick / Winchester h,nvironmental Ileallh FAIRFAX 107 North Itivnt tiu'r"�t - Suite # 201 WindICNICr. Virginia 22601 HEALTH DISTRICT r�l. Fax (540) 722-3-t79 www .vdh.virginia.gov September 15. 2017 VI VIRGINIA DEPARTMENT OF HEALTH Proleeting Fou ,jnd Your Environment Agency Comments: "I"his I-lealth Department has reviewed the request for comments for a Conditional Use Permit for a proposed nail service business, to be operated out of a home located at 464 Layside Drive, Winchester, VA 22602, Tax \-lap U: 51-A-129. Based upon records on file with this I-Icalth Department, the residence is served by a sewage disposal system capable of treating 600 gpd, or 4 (four) bedrooms, with a maximum occupancy of 8 (eight) persons. The dwelling is served by a private water supply, or well. The owner/applicant says that there will be a maximum of 8 customers/week, with the business operating") (two) days/week. Each customer will require a maximum of about 4-5 hrs. each visit. According to the occupant, there are currently 3 (three) lull -time occupants living in the home. It is the opinion of this I-lealth Department that the operation of this home business will not adversely affect the sewage disposal system or water supply serving, the dwelling,. This I lealth I)epartmcnt recommends that the applicant choose products that are not harmful to the proper operation ofthe sewage disposal system. Agency Signature: �^-\ �,,, x./_' L.:- C,�µaty Date: 9 — I S — I 1 (NOTICI ; '1'0 AGENCY ---PLEASE RETURN 'I.1.11S FORM -FO TFIE APPLICANT) 0 0 Request for Postponement or to Table a Development Application County of Frederick, Virginia Frederick Planning Web Site: www.fcva.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Date: Application Number: In connection with the development application known as , I hereby request a month/day (circle one) postponement of the Planning Commission / Board of Supervisors' consideration of the application. Please be advised that this is a voluntary request on my part, and I will not contest the fact that the Planning Commission may not make a recommendation to the Board of Supervisors within 100 days, as is otherwise required by Section 15.2-2285(B) of the Code of Virginia, to the extent that any delay is the result of the postponement/tabling per this request. If this is a rezoning matter, I also will not contest the fact that the Board of Supervisors may not act on my application within one year, as is otherwise provided by Section 15.2-2286(A)(7) of the Code of Virginia and Section 165-11 of the County Code, to the extent that any delay is the result of the postponement/tabling per this request. I acknowledge that the Planning Commission / Board of Supervisors are not obligated to grant the postponement / tabling which I have requested. I also understand that if my request is granted and if the County has already incurred a financial obligation for advertising the matter for public hearing/meeting, a $500.00 fee is due and shall be promptly paid to the Department of Planning and Development. This fee covers the County's additional costs incurred in publishing advertisements of the rescheduled public hearing/meeting date(s), which advertisements are required under state law. Sincerely, If applicant is other than Owner, the Special Limited Power ofAttorney Form must be submitted with this application. 0 9 FREDERICK COUNTY DEVELOPMENT REVIEW FEES Adopted April 23, 2008 — Effective May 1, 2008, Revised 2/24/2010, 4/28/2010, 5/2011, 1/25/2012 COMPREHENSIVE POLICY PLAN $ 3,000 non-refundable REZONING $ 1,000 — Proffer amendments not requiring a public hearing $ 5,000 base + $100/acre — 2 acres or less $ 10,000 base + $100/acre more than 2, less than 150 $ 10,000 base + $100/acre first 150 + $50/acre over 150 acres SUBDIVISION Non -Residential $1,000 base Design Plan $ 200/lot Plat $ 100/lot Residential (RP, R4, R5) Design Plan $ 2,500/base $100/lot Plat $ 200/lot to 50 lots $ 100/lot over 50 lots Rural Areas (RA) Sketch (Design) $ 2,500 base $200/acre Plat $ 200/lot Rural Areas (RA) Minor — 3 lots or less $ 200/lot Lot Consolidation $ 200/lot Boundary Line Adj. $ 200/lot VARIANCE $ 400 BZA APPEAL $ 250 ZONING CERTIFICATION LETTER $ 250 ZONING DETERMINATION LETTER $ 100 SUBDIVISION ORDINANCE EXCEPTION MASTER DEVELOPMENT PLAN $ 3,000 base + $100/acre for first 150 +$50/acre over 150 acres CONDITIONAL USE PERMIT Cottage Occupation $ 75 Telecommunication Tower $ 7,000 Other $ 750 SITE PLAN Non-residential $ 2,500 base $ 200/acre to 5 acres $ 100/acre over 5 acres Residential $ 3,500 base $ 300/unit to 20 units $ 100/unit over 20 units Minor Site Plan $ 500 for revision that increases existing structure area by 20% or less & does not exceed 5,000sf of disturbed area. POSTPONEMENT of any Public Hearing or Public Meeting by Applicant after Advertisement, to include Applicant requests to TABLE an agenda item $ 500/occurrence. THIRD & SUBSEQUENT PLAN REVIEWS (including County Attorney review) for a single development application $ 500/review. BOND MANAGEMENT Establishment of bond $ 500 Reduction/Release $ 300 Replacement $ 500 TDR PROGRAM TDR Application Review $300 (*Review includes TDR Letter of Intent) TDR Certificate $200 Certificate Ownership Transfer $50 Receiving Property Approval ' $200 Review of Sending Property Deed Covenant $100 Review of Deed of Transfer (Extinguishment Document) $100 CHAPTER 161 FEES $ 500 Installation License $300 Septic Haulers Permit $200 Residential Pump and Haul $50 Commercial Pump and Haul $500 0 sk Racument Appr ox7a, ForIn PLEAEE REVIEW THE ArTACHEZy Ift3CUNMJE Yr. IF TRrSDQCU1G El'TluiEE YQ UR APPRO VA L PLEA 9E IXPTPA-L ,(JVD PRO VIDE THE FATE AND TIDE UES YOUR APPROVAL. T ddaes Bate & Title Candice l�fartt Dave Tyler Mike ,Tohn R'TS: Received by Clerical Staff (Date & Time): (S:Qmce on BlackboxlFormsWocament Approval Form—6/7/2016)