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HomeMy WebLinkAboutHO201900233 Application 2019-07-30FOR OFFICE USE ONLY do ( HO # bl It; I 1 l, v v l Fee Amount $� ` ` Date Paid �� y who? �. Receipt # 1�� Ck# I' S By. lq 2. Application for Major Home Occupation Clearance r "'� (Only for parcels in the Rural Areas Zoning District) .. 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 easv viewing and Drintine of aerial mans. Name of Business: %�% �/��� _ PL c 0y5���,1 ,.� / Type of Business: � Tax map and parcel: Wo- 00— OO--C l OU Contact Person j(Who should we call/write concerning this project?): �h,-7 ) , Address �O 61� S V?1 [ P I t-�' - City(/V� �/'�-i �i WC State 06 Zip �� Daytime Phone G.� Fax # (WO) VUb S E-mail sJQ C�%� [s- '44_ /- Owner of Record Address Daytime Phone Fax # O I^- 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.): County 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 of 4 Each major home occupation authorized in the Rural Areas zoning district is subject to the following: UNDERSTAND THE REQUIREMENTS FOR THIS CLEARANCE W 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 ve hundred (1500) square feet. Plants that are planted in the ground that are to be used for a major home occup ion 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 facade 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 ' which it is located. Any accessory structure that does not conform to the applicable setback and yard requirents for primary structures shall not be used for a home occupation. [Section 5.2A (c) (1)] "T-ORS & 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. [Sectio .2A (d) (1)] TRAFFIC Nov MC`^1 �r;PS Pc� w eel ? �4v g . �� o��� o7 CVgfb"✓ S � 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 one vehicle entering and exiting the site. [Section 5.2A (e)] ARKING 'L o C zt �i p o� All vehicles used in the home occupation and all vehicles of employees, customers, clients or students related to the hhoomeoccupation shall be parked on -site. [Section 5.2A (f)] L1OUTDOOR STORAGE The storage of goods, products, equipment other than vehicles used in the home occupation, or any materials associated with the ho occupation, other than natural landscaping materials such as mulch and plants, outside of an enclosed ��HOU'RS prohibited. [Section 5.2A (g)] OF OPERATION `A/L ct f `(f e ` Ve— 41 Ca f L10 vT f I 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)] LY NUMBER OF VEHICLES The number of vehicles that may be used in the home occupation that are parked or stored on -site shall not exceed two (2) motor vehicles and two (2) trailers. [Section 5.2A (i)] UMBER 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 E14T rORMANCE 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? YES NO NOISE VIBRATION GLARE HEAT AIR POLLUTION WATER POLLUTION RADIOACTIVITY ELECTRICAL DISTURBANCE NON -DOMESTIC WASTE DISCHARGED TO A SEPTIC FIELD OR SEWER ZIf S, then applicable standards must be addressed with a Certified Engineer's Report (available from staff). HIBITED 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. =CATIONS A (I)] & INSPECTIONS I will �e 5e k�(► fib,• r Ov- S "C' 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. VSIGNAGE 2A (n)] A✓1 j stli'lale 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 righ=DDITIONAL Section 4.15.2 (25) and 4.15.81 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 44 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 and pick-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 certi at I have read the restrictions on Home Occupations, that I understand them, and that I will abide b54tp onjunction with a business license, represents zoning approval to conduct the Major Home O(-/ igna a of Applicant Date Other Official Date Official Zoning Official ENGINEER'S REPORT ATTACHED: YES NO CONDITIONS: Date Date Major Home Occupation Clearance 4/23/2018 Page 4 of 4 N Plans BUFTON & MAUS LAW OFFICE Aim C.,,y. Vin i. AFFIDAVIT Date: 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 5 letters were sent (this includes those listed receiving a copy). (signature) State of Virginia City of Charlottesville The foregoing instrupent was ACKNOWLEDGED before me by Kevin McCollum, Planner, this day of -J-Un t , 20_1. ly'�Ilal -INP90 a (Signature of Notary) I-'-A0'-too (Notary Registration Number) My commission expires the I� day of ` ruj -g , 20 I was commissioned notary as (Include ONLY if name change after your first notary commission or renewal) Project Name: H0201900233 i ti dam; '•NOTARY''• •9 PUBLIC PUB REG # 7203005 q : MY COMMISSION p? EXPIRES 61,20,12020 tilt 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: H0201900233 Bufton and Maus, PLC Tax Map Parcel ID: 05000-00-00-04900; 7380 Gordonsville 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 #7380 Gordonsville Rd. This request is to conduct a home occupation for a law office at 7380 Gordonsville Rd. The Applicant indicates that the office is on site but is in an accessory structure other than the dwelling. The owners will work typically 20-25 hours per week and will have no additional employees. They expect only 2-3 clients per week on average and will park the vehicles in their driveway. 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: John Maus, 7380 Gordonsville Rd, Gordonsville, VA, 22942 (p N V O) V V V N O O O N N N N Q N N N > m Q Q Q W > > > J _J J J J > M (n 00 >> > w 00 rL (n (n N V Z Z Z ~ — N000JO� d000_r c(If W W Q O 3000= w o> Lr r wo J F 2 ir Z O to 0 Z 0 Z CO W v > w n a LLI X X d OU 0 0 0 � 3 rn N 0 0 0 O f- N d d M J w_ Z Q U 2 U wz Z- � U w Z W H � H Q Q LL X 0 w U J F F Z U) w 0 U) W Y m < Z O U) 0 cn O � O U = O F- it 0 U (r wo wo z h z ww 0 wC�U is 00 z z O LU c U) -j F- FO W 3— Q D Q O o 2 m U x 0 000 XofQ� 0�of w 0 w w w J J J J �J J J J U (1) U) U) Z = Z Z Z NOz000 4,00000 a O w 0 0 0 M co O O Ln O Lo N O O 00 d Cl) N r- P- o O O O O O Q O O O t- O O r OD V V V O O O O O O O O O O O O CD O O O = 0 0 0 0 0 0 0 0 0 0 0 R LO LO LO u Lo a 0 0 0 0 0 Kevin McCollum From: Christine Andersson <the_anderssons2004@yahoo.de> Sent: Tuesday, June 11, 2019 6:29 AM To: Kevin McCollum Subject: 7380 Gordonsville Rd Attachments: 20190610143647653.pdf Dear Mr McCollum, we have received the attached letter and have no objections. Do you need anything else from our side? Kind regards Christine Andersson (Owner of property 7185 Gordonsville Rd) Kevin McCollum From: Kevin McCollum Sent: Monday, June 17, 2019 8:25 AM To: Jack Maus Cc: Rebecca Ragsdale; Keith Bradshaw Subject: Major Home Occupation Clearance Jack, Thanks for allowing us to come out and visit the property again on Thursday. Since then, Keith and I have met with the Zoning Administrator, along with the County Attorney's office, and have concluded that the Major Home Occupation Clearance cannot be approved until we can confirm that the structure meets the applicable setbacks, which are: Front — 75' Side — 25' Rear — 35' We can confirm that these setbacks are met by either seeing a physical survey that shows the location and distance of the structure to the property line or visibly seeing the property line in the field by clearly marked stakes. If the structure does not meet the required 25' side setback a boundary line adjustment is a possible solution to the bring the structure into compliance with the required Major Home Occupation side setback. The Building Permit (B2017-02431-NNR) was correctly approved given the information we were given at the time. The building was permitted as an accessory structure and no Major Home Occupation clearance was submitted alongside the building permit. Therefore, the setbacks were front — 75, side — 6, and rear — 6. Kev;.w McCoU,u.rw Planner, Zoning Albemarle County Community Development kmccollumPalbemarle.ore 434-296-5832 x 3141