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HomeMy WebLinkAboutHO201900199 Approval - County 2019-06-17FOR OFFICE USE ONLY HO # /'� Fee Amount $ Date Paid �y who? a _Ukeceipt #6 qCkq4_32 ByT BYA 2,a Application for Major Home Occupation Clearance u`u'` (Onlyfor parcels in the Rural Areas ZoningDistrict �,% EN Major Home Occupation Clearance = $27.00 + applicable fees This application may require additional review by the Fire Marshal. Fees in addition to those shown on this application may be required by the Fire Prevention Code Fee Schedule. A copy of the schedule is available from the Fire Marshal. Home Occupation, Major: An occupation, not expressly prohibited by section 5.2A, conducted for profit within a dwelling unit solely by one or more members of the family residing within the dwelling unit and up to two (2) additional persons not residing within the dwelling unit, with or without the use of accessory structures; provided that nothing herein prohibits the occupation from engaging other persons who work off -site and do not come to the dwelling unit or to any accessory structure to engage in the occupation. Applicant MUST HAVE the following information to apply: 1) Tax Map and Parcel Number (or Address) and a description of the Home Occupation. 2) A Floor Plan Sketch on the next page with the following: a) The total square footage of the dwelling; b) The square footage of area within the home being used for the occupation (note this cannot be more than 25% of the gross square footage of the dwelling). 3) If applicable, a survey, plat, or aerial map showing accessory structures and parking associated with the home occupation. The GIS Web enables easy viewing and printing of aerial maps. Name of Business: V ��,aA'n,�� a ILL (� Type of Business: rv:611 ���M�1 C & SJ� �5 Tax map and parcel: ID i 0 V — 0 a v 0y —M A 2— Contact Person ( Who should we call/write concerning this project?): �� {(� AcAa l -e ` , /� 7 Address 2370 0 [ 4 WY\tk bu M gd City ����(� State VA Zip 4Zo3 Daytime Phone ( l ✓ I ) 'Fax # ( ) E-mail Owner of Record � 1 Address damp� - ak� City Daytime Phone ( ) Fax #( ) E-mail State Zip DESCRIPTION OF USE (If necessary, attach an additional sheet. Include information about the number of vehicles and number of employees associated with the use, hours of operation, use of accessory structures, etc.): 1? I" A c -S VA4M q vwi 0 cw4t6 f W i vi JAA4 se s64CA5 kA iNg 7inC VYW�l "%CQa Q P ag,4 Y - to -WkXP' �.V0 a4teMN siWOW7k Count of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 4/23/2018 Page 1 of4 Each major home occupation authorized in the Rural Areas zoning district is subject to the following: PLEASE CHECK EACH BOX SO THAT IT IS CLEAR THAT YOU HAVE READ AND ,/ UNDERSTAND THE REQUIREMENTS FOR THIS CLEARANCE lia LOCATION & AREA This home occupation shall be conducted within the dwelling unit or accessory structures, or both, provided that not more than twenty-five (25) percent of the gross floor area of the dwelling unit shall be used for the home occupation and further provided that the cumulative area used for the home occupation, including the gross floor area within the dwelling unit or any accessory structure and the area used for outdoor storage as provided in section 5.2A(g), shall not exceed one thousand five hundred (1500) square feet. Plants that are planted in the ground that are to be used for a major home occupation do not count toward the one thousand five hundred (1500) square feet limitation. [Section 5.2A (b) (1)] EXTERIOR APPEARANCE There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of the home occupation, except that one home occupation sign may be erected as authorized by section 4.15. Accessory structures shall be similar in fagade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a residential area and shall be specifically compatible in design and scale with other residential development in the area in which it is located. Any accessory structure that does not conform to the applicable setback and yard requirements for primary structures shall not be used for a home occupation. [Section 5.2A (e) (1)] Lid VISITORS & SALES Customers, clients and students are permitted to visit the property where the home occupation is conducted. Only goods that are hand-crafted on -site and goods that are directly related to the home occupation, including but not limited to tools for pottery making and frames for artwork are permitted to be for sale to customers who comes to the site. [Section 5.2A (d) (1)] TRAFFIC The traffic generated by the home occupation shall not exceed ten (10) vehicle round trips per day or more than thirty (30) vehicle round trips per week. For the purposes of this section, a "vehicle round trip" means ohe vehicle entering and exiting the site. [Section 5.2A (e)] PARKING All vehicles used in the home occupation and all vehicles of employees; customers, clients or students related to the .home occupation shall be parked on -site. [Section 5.2A (f)] OUTDOOR STORAGE The storage of goods, products, equipment other than vehicles used in the home occupation, or any materials associated with the home occupation, other than natural landscaping materials such as mulch and plants, outside of an enclosed structure is prohibited. [Section 5.2A (g)] HOURS OF OPERATION The home occupation may operate up to six (6) days per week and the hours of operation shall be between 7:00 a.m. and 8:00 p.m. for those home occupations that have employees, customers, clients or students visiting the site. [Section 5.2A (h)] NUMBER OF VEHICL9S The number of vehicles that, may be used in the home occupation that are parked onstored on -site shall not exceed two (2) motor vehicles and two (2) trailers. [Section 5.2A (i)] NUMBER OF HOME OCCUPATIONS More than one home occupation is permitted on a parcel, provided that the area occupied and the traffic generated by the - home occupations shall be considered cumulatively and all requirements of this section shall apply. [Section 5.2A (j)] Major Home Occupation Clearance 4/23/2018 Page 2 of 4 L9 PERFORMANCE STANDARDS The home occupation shall comply with the performance standards in section 4.14. [Section 5.2A (k)] Does the use involve procedures, machinery or chemicals that may cause the following? YF.0 Nn NOISE VIBRATION GLARE HEAT AIR POLLUTION WATER POLLUTION RADIOACTIVITY ELECTRICAL DISTURBANCE NON -DOMESTIC WASTE DISCHARGED TO A SEPTIC FIELD OR SEWER Z YES,then applicable standards must be addressed with a Certified Engineer's Report (available from staff). ROHIBITED USES (1) any use requiring a special use permit under section (10) shooting ranges 10.2.2 (2) animal rescue centers (11) commercial stables (3) automobile graveyards (12) rummage or garage sales other than those (4) restaurants determined by the zoning administrator to be occasional (5) storage yards (13) veterinary clinics or hospitals (6) gun sales, unless the guns are made on -site by one or (14) pyrotechnic (fireworks or bomb) device more family members residing within the dwelling unit manufacturing or sale (7) on -site pet grooming (15) Any other use not expressly listed that is (8) body shops determined by the zoning administrator to be contrary (9) equipment, trailers, vehicles or machinery rentals to the purpose and intent of section 5.2A. [Section 5.2A (1)] D NOTIFICATIONS & INSPECTIONS Written notice that an application for a zoning clearance for a major home occupation has been submitted will be sent to the owner of each abutting parcel under different ownership than the parcel on which the proposed home occupation would be located. The notice will identify the proposed home occupation, its size, its location, and whether there is a request for a waiver or modification. The notice shall invite the recipient to submit any comments before the zoning clearance is acted upon. The notice shall be mailed at least five (5) days prior to the action on the zoning clearance as provided in section 32.4.2.5. In addition, a public notice sign will posted on the property for the duration of the review. [Section 5.2A (n)] dSIGNAGE One sign that does not exceed four (4) square feet in sign area and only states the name of the person occupying the dwelling and identifies the product or service offered by the home occupation is permitted. No additional permit is required for this sign, however, it must not exceed 6 ft. in height and must be setback at least 5 ft. from the public road right-of-way. [Section 4.15.2 (25) and 4.15.81 El" ADDITIONAL IMPROVEMENTS AND REVIEWS FROM OTHER AGENCIES A zoning clearance shall not be issued if, after review of any site, additional improvements are necessary to protect public health or safety. [Section 31.5 (c)] Other state and local resources, including but not limited to the Health Department, Virginia Department of Transportation, Building Official, and County Engineer are commonly asked to comment on Home Occupation applications. Major Home Occupation Clearance 4/23/2018 Page 3 of 4 WAIVERS OR MODIFICATIONS MAY BE SOUGHT ONLY FOR THE FOLLOWING: AREA The area requirements in section 5.2A(b) may be waived or modified, provided that the waiver or modification shall not authorize the home occupation to occupy more than forty-nine (49) percent of the gross floor area of the dwelling. In granting a waiver or modification of the area requirement, the commission shall make the following findings in addition to those findings in section 5.1: (1) the nature of the home occupation requires storage or additional space within the dwelling unit to conduct the home occupation; (2) the primary use of the dwelling unit as a residence is maintained; and (3) the waiver or modification would not change the character of the neighboring agricultural area or the residential neighborhood. [Section 5.2A (m) (1)] TRAFFIC The traffic limitation in section 5.2A (e) may be waived or modified. In granting a waiver or modification of the traffic limitation, the commission shall find, in addition to those findings in section 5.1, that the waiver or modification would not change the character of the neighboring agricultural area or the residential neighborhood. [Section 5.2A (m) (2)] REVIEW PROCESS AND ADDITIONAL FEES WITHOUT WAIVER REQUEST ($27 + notice fees) WITH A SPECIAL EXCEPTION ($27 + $457 + notice fees) 1. Submit Home Occupation application ($27). 1. Submit Home Occupation application and Waiver 2. Staff will review for completion and mail abutting application ($25 + $457). owner notification (Fee varies based on number of 2. Staff will review for completion and mail abutting letters). owner notification (Fee varies based on number of 3. Staff will visit property to post public notice sign, letters). review parking areas, proposed location of sign, and 3. Staff will visit property to post public notice sign, storage areas (if applicable). review parking areas, proposed location of sign, and 4. Staff will approve application if requirements have storage areas (if applicable). been met and pick-up public notice sign. 4. Staff will coordinate date of next available Planning Commission meeting to process special exception 5. Staff will approve application if requirements have been met andpick-up public notice sign. Owner/Applicant Must Read and Sign I hereby apply for approval to conduct the Home Occupation identified above, and certify that this address is my legal residence. I also certify that I have read the restrictions on Home Occupations, that I understand them, and that I will abide by them. This certificate, in conjunction with a business license, represents zoning approval to conduct the Major Home Mntifl d above. Si at a of Applicant Date Other Official Date Building Official Date Zoning Official DateC(171,;,_ai� ENGINEER'S REPORT ATTACHED: YES NO CONDITIONS: (--(.0 2 r7 j 9 00 19 Major Home Occupation Clearance 4/23/2018 Page 4 of 4 Attachment to Application for Major Home Occupation Clearance Susania LLC Susan McCulley, Owner 2370 Old Lynchburg Road Charlottesville, VA 22903 (434) 960-9959 Second Floor 14'11 -- Storage HVAC H Desk rod closet clothes closet 12' 1 guest bed 600 FSF this floor bath St�� Dance studio and bathroom used in home occupation (movement classes) make up about 390 square feet of the total 1,900 finished square feet in the house, or 20.5% N Kitchen Dance Studio 23'11 -- 15' Total Finished Square Feet of house: 1,900 FSF Deck 19'2 v Ground Floor County of Albemarle - GIS-Web - Map http://gisweb.albemarle.org/gpv_5 I /Viewer.aspx Identf,/ Pan 1011ffiB 5.1.0(producn-) ApPGeo (hap:l/wwx.appgeo.com) 3,05D� W(ull cuh. ZZ-1o3 (Help.aspx?application=GISWEBApp&functiontabs= sea rch,selection,legend,location,markup,share) Get Link A Help Parser ID: 10100-0"0-009AZ- Owner: FRANKLYN F BERGLAND I l' f IT A 30 ft Leaflet (http Meafletjs.com) I Albemarle County Pr of 1 5/24/2019, 4:44 PM AFFIDAVIT Date: 7 ZD I, Kevin McCollum, hereby certify that the attached notification letter was sent on the above date to those persons listed on said notification. A total of 6 letters were sent (this includes those listed receiving a copy). A� (signature) State of Virginia City of Charlottesville The foregoing instrtent was ACKNOWLEDGED before me by Kevin McCollum, Planner, this day of S3(kn , 20 . (Signature of Notary) -� An S (Notary Registration Number) My commission expires the s.�— day of J(,J Vie , 20 I was commissioned notary as (Include ONLY if name change after your first notary commission or renewal) Project Name: H0201900199 1j111111111j•r NOTARY PUBLIC :3 REG # 7203005 t h4Y COMMISSION; ' EXPIRES ?� 011012020 N;,cALTH )'% '••IN 111 �'' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 June 7, 2019 RE: H0201900199 Susania, LLC Tax Map Parcel ID: 10100-00-00-009A2; 2370 Old Lynchburg Rd Dear Sir or Madam: Albemarle County has received a request to establish a Major Home Occupation on the parcel listed above. Per Section 5.2A (n) of the Zoning Ordinance, you are receiving this notification because you are the owner or agent of abutting property or property immediately across the street from the site under review. The location of the site under review is shown on the attached vicinity map as #2370 Old Lynchburg Rd. This request is to conduct a home occupation for movement or dance classes in the individual or small group setting. A space in the existing home will be used as a dance studio and no additional accessory structures will be used for this home occupation. The application suggests that there will be up to 8 class participants at one time and there will usually only be one class per week with a maximum of no more than 3 classes per week. Classes will be in the morning and usually run for run lhour starting at 9 or 11 am, but occasionally from 9am-12pm or 9am-2pm. No additional employees are proposed with this business and no waiver or modification of ordinance regulations has been requested. The County will not take action on this request until at least five days after the date of this letter. We invite any comments, questions, or concerns you may have about this proposal. However, if the application meets all ordinance requirements, it will be approved. Please contact Kevin McCollum at (434) 296-5832, ext. 3141 or kmccollum@albemarle.org for additional information. All information related to this request is available for review in the Department of Community Development during normal business hours (8 a.m.-5p.m., Mon -Fri). To assure the information is ready for your viewing and to allow staff to be available to help with any questions, we encourage you to schedule a viewing time. Please call (434) 296-5832 during business hours to schedule an appointment. Sincerely, Kevin McCollum, Planner Zoning cc: Susan McCulley, 1255 Sunset Ext, Charlottesville, VA, 22903 O r N mm m C`)m O O O O O O O O W m m W N N N N N N N N N N N N Q Q Q Q Q Q W W W W W W J J J J J J »>»> w w In w W W W w W W w W o,r_rrr_r_r_ j000000 d Ir w af af w cr �QQQQQQ 3 2 2== m m 0000000 0000 w of it af (9 (7 0 (7 F F w af af W X w 7 7 Z) Z W W m m m m W y U U U U Q U U Z Z Z Z F- 9 J J J J w Q= 0 0 0 0 yw0000co C Oma00 V LO O O O m O V O N N N N N N F- w O_ F- 0 Z > Ir J H Z of J Q 2 = <U QO J Y U J Z LL Q 0.0 Uaf wQ wm Cl)= � U cc F Y Z Q J 0 = Z Q Q W J U F— 7 LL U ZO wF- Z W Y U) F- J Z) ac z m xQ 0 J ay J Z W J w J W LL O Q 2 Z m J�:O'LL U = Z J Q Y J J d Q= 2 W Z 3 U O w¢ w O Y 2Y F-LLLL 000 0 cr w K X 0 (7 (D (9 mmm m 2 0 2 0 U U U in }}} } N J J J J 0 0 0 0 a 000 0 a Como O Q Q o 0 o Q r 1 Z N N N Z N O O O m O Q LO to m m m QJ O O O O O O O O O O O O O O O O O O O O O O O O 0 000000 0 0 0 0 0 0 d 0 0 0 0 0 0 0 0 0 0 0 0 a000000 Kevin McCollum From: Susan McCulley <sjmnia@gmail.com> Sent: Thursday, June 06, 2019 4:18 PM To: Kevin McCollum Subject: Re: Major Home Occupation Clearance Hi Kevin Thanks for your note. I'm happy to answer whatever you need and have a follow up question to the application: - the classes will be movement and art classes and there will be music in the studio space - usually, classes will be held once a week with *occasional* weeks when there will be 2-3 classes. Never more than 3. - classes will be in the mornings usually for 1 hour at 9 or 11 am, with occasional workshops from 9am-12pm or 9am-2pm -- never outside the parameters of lam to 8pm. - for the visit, I work in the mornings so afternoons would be best - next week Monday, 6/11 or Tuesday 6/12 would work. Let me know if that works for you or if you'd like other days. - sounds fine about contacting neighbors and my follow up question is about the exact meaning of "gross square footage" -- would that include porch space, storage space or the outbuilding shop space? I'm curious about how you define it. Please let me know what else you need and when would be a good time to come out. Best Susan On Thu, Jun 6, 2019 at 3:03 PM Kevin McCollum <kmccollum@albemarle.org> wrote: Good Afternoon Susan, My name is Kevin McCollum and I am in the process of reviewing your Major Home Occupation for Susania LLC and I had a few questions/comments regarding your application. 1 I wanted to get a little bit more information about your proposed use. What kinds of classes will be held? Are these dancing classes? Will there be music? How often will these classes be conducted? Our regulations for traffic to the Home Occupation currently only allow up to 10 vehicle round trips per day and no more than 30 per week. You have indicated that there could be up to 8 people participating at once. At those numbers you could only have 3 a week. I would also like to know the typical times of these classes? Home Occupations are currently allowed to operate between the hours of lam and 8pm. I would also like to schedule a time to come visit the Property to ensure a few things like the area of the home occupation, the parking on site, etc. Let me know a time and day that works for you. Lastly, I will be sending out neighbor notifications to your abutting property owners as indicated in the application. Once they are sent I have to wait 5 days for any feedback before I can proceed. Let me know if you have any questions. Thanks, Kev-i.w Mc!.o{A.wKN Planner, Zoning Albemarle County Community Development kmccollum@albemarle.org 434-296-5832 x 3141 Susan J. McCulley Certified Nia Instructor, Black Belt susanmcculley.com Focus Pocus—The Magic of Inquiry and Intent www.focusi2ocusnow.com Instagram Gallery