PC_09-07-79_Meeting_Minutes_WorksessionMINUTES OF THE WORKSESSION MEETING
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Held in the Frederick County Administration
Building, September 7, 1979, 3:30 p.m.
PRESENT: C. Langdon Gordon, Cha Frank Br iback, Vice - Chairman; Manuel DeHaven;
James Golladay, Jr.; W. French Kirk; Elmer Venskoske.
ABSENT: Thomas Rosenberger
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Chairman Gordon called. -the meeting to order and noted that this meeting was
called to discuss conditional use permits and the actions that are needed at this point.
Mr. Riley reported,that from what he determined, on May 10, 1979 a directive
from Ms. Stefen suggesting that two definitions be listed in the zoning ordinance,
hone occupation - agricultural and hone occupation - residential was received by the
Planning Conni.ssion. Mr. Riley continued,pointing out that what came out of the
worksession meeting was the elimination of the conditional use permit for all zones and
the inclusion in the definition section of an accessory structure.
Ms. Stefen commented that it might be best not to talk about what happened
but, if it is not what was intended, what should be done to correct the situation.
Mr. Brumback stated that for some reason or other the Commission members did
not read the ordinance change the night of the public hearings and this should not
happen again.
Mr. Golladay then expressed concern as to what should be done in the
interim.
Ms. Stefen responded that the office had not received any building permits
requiring any thought on the subject.
Mr. Riley noted that this is what is on the books and the Commission must go
by what has been adopted.
Ms. Stefen stated that any change could be heard on October 3, 1979 and
October 10, 1979 to correct the situation.
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Mr. Arrbrogi then explained that the conditional use permit is a valuable
tool, noting that a hone occupation could be started at this time as a permitted use
under a particular zoning. Mr. Ambrogi noted,that without -a conditional use permit
requirement there would be no yearly review.'
Ms. Stefen, giving background information, continued that in the past the
intent section stated no hone occupations eventhough hone occupations were allowed
under R -2 and this conflict-had been there previously. Ms. Stefen stated that in the
past no hone occupation has been permitted in R -1, but you could have it it R -2 or
R -3 with a conditional use permit. I suggest, Ms. Stefen commented, that Mr. Riley be
directed to delete "no hone occupations "in the R -1 and R -2 sections, as we do want to
allow hone occupations with a conditional use permit. Secondly, Pis. Stefen continued, in
the R -1, R -2, and R -3 sections a conditional permit be attached to everything. Thirdly,
if you want a conditional use permit on everything in agricultural zones this needs to
be added, Ms. Stefen stated. Ms. Stefen noted that the ad would have to be placed
by next Tuesday.to be considered at the October 3, 1979 meeting.
Mr. Briunback then stated that he thought there should be conditional use
permits in all sections of hone occupations, either in a hone or in an accessory building
in all zones.
In summary, Mr. Riley then explained that what needs to be done is to add
conditional use permit to R -1, R -2 and R -3 with hams occupation. Also, Mr. Riley
continued, in A -1 and A -2 adding conditional use permit for hone occupation and to leave
accessory structure in the the definition in the A zones only.
Mr. Golladay then suggested having three definitions such as Hone occupation -
Agricultural, Hone occupation- Accessory structure and Hone occupation- Residential.
Mr. Venskoske then questioned the continuity of allowing accessory structures
in only A zones,and suggested that perhaps accessory structures should be deleted from
all zones, as a hone occupation was originally intended to be in the hone.
In exploring this, Mr. Brumback noted that there are sane A zones that have
the same density as sane of the R zones.
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Mr. Riley added that a hone occupation is intended to be incidental and
secondary and in the Agricultural zones we already have other uses that are permitted
under a conditional use permit other than hone occupations.
Mr. Venskoske then made a motion to eliminate accessory structures from all
hone occupations. This was seconded by Mr. Golladay.
Mr. DeHaven asked for clarification questioning if this was for all zones.
Mr. Venksoske acknowledged that this would include all zones.
Ms. Stefen noted that any pre - existing hone occupation would still be allowed.
Mr. Venskoske's motion as amended to eliminate accessory structures from all
hone occupations in all zones was then passed unanimously.
BE IT RESOLVED, that the Planning Commission recommend to the Board of Supervisors the
approval of a change in the zoning ordinance to eliminate accessory structures from all
hone occupations in all zones.
Mr. Golladay then made a motion to amend the hone occupation section of the
zoning ordinance to read as follows:
H one Occupation - A gricultural Any occupation or business use conducted
entirely within a dwelling house, by members of the family residing on the
premises, and is clearly incidental and secondary to the residential use of
the building excluding antique shops, boarding or roosting houses, commercial,
repair or storage of other motor vehicles, or restaurants.
Home Occupation - Residential An occupation carried on within a dwelling
house by the occupant of the dwelling, as an incidental secondary use in
connection with which there is no display, and no one is employed other than
members of the family residing on the premises such as professional offices
(e.g. medical, dental, legal, engineering and architectural)conducted within
a dwelling house by the occupant.
Section 21 -16(L) - Hone Occupation - Agricultural as defined, only with a
conditional use permit.
Section 21 -26(L) - Hone Occupation - Agricultural as defined, only with a
conditional use permit.
Section 21 -36(L) - Hone Occupation - Residential as defined, only with a
conditional use permit.
Section 21 -44(c) - Home Occupation - Residential as defined, only with a
conditional use permit.
Section 21 -52(i) - Hone Occupation - Residential as defined, only with a
conditional use permit.
Section 21 =35 - Hone occupations are permitted with a conditional use permit.
Section 21 -43 - Hone occupations are permitted with a conditional use permit.
This was seconded by Mr. Venskoske and passed unanimously.
BE IT RESOLVED, that the Planning Commission recommend approval of the foregoing to the
Board of Supervisors.
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Ms. Stefen then noted that the only hone occupation to'date to fall under
the requirement of not having a Conditional Use Permit would be Mr. & Mrs. Turner. Ms.
Stefen noted that those who fall under this time period will be known, since a monitering
procedure is still present.
There being no further business, Mr. Venskoske made a motion to adjourn.
This was seconded by Mr. Golladay and passed unanimously.
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