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Home My WebLink AboutHO201900233 Approval - County 2020-11-24COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4579 Phone (434) 296-5832 Fax (434) 972-4126 November 24, 2020 John R. Maus 7380 Gordonsville Road Gordonsville, VA 22942 RE: HO2019-00233 Major Home Occupation Clearance - Bufton and Maus, PLC Parcel ID 05000-00-00-04900 (2.79 Acres) (the "Property'), 7380 & 7382 Gordonsville Road, Gordonsville, VA 22942 Mr. Maus: In response to the Boundary Line Adjustment Survey (BLA), approved October 5, 2020 and recorded in Deed Book 5401, pages 556-560, as it relates to the request for a Major Home Occupation Clearance (HO-2019-00233) for the above referenced Property, please be advised of the following: Based on the review of the BLA, the accessory structure on the Property (B2017-02431 NNR) now meets the applicable setback and yard requirements for primary structures as required by Albemarle County Code § 18-5.2A(c). Thus, the noted accessory structure may be used for the proposed Major Home Occupation as it now complies with the primary structure setbacks for the Rural Areas zoning district. Therefore, in accordance with Albemarle County Code § 18-5.2A(c) and Albemarle County Code § 18-31.5(b), the above referenced Major Home Occupation Clearance is now approved. Please contact me if you have questions or require additional information. Bart J. Svoboda Director of Zoning Albemarle County bsvoboda(a2albemarle.org office: (434)296-5832 ext.3225 401 McIntire Road, North Wing, Charlottesville, VA 22902 Cc: Andy Heririck, Deputy County Attorney HO-2019-00233 File FOR OFFICE USE ONLY BO #��j(f I—I'lJU✓�—' Fee Amount $, — 1 • J Hate Paid f Nho+ J L\'eZGL'J Retcipt # Ck# Application for Major Home Occupation Clearance 0(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 We enables easy viewing and printing of aerial mans. Name of Business: C Type of Business: �`nL"-/�s Twaax/m/map and parcel: 0x 00)—OO — 40(.)—C-q C) Contact tPPerson �(Who should we caWwrite concerning this spprojject?): \ f/ 1/ 17 �,/ �) � A Address f !70 t/ �rn/C J s l�/�•� l P / L,.Ct �7 City /��'js/`/'�'(7'f J vt (/e %State _�/4— Zip Daytime Phone �j/C� Fax # f W&) UO — / �� E-mail 69 C!( �((,S'lC[.r,✓ Owner of Record -EW�vf �'1 (�f--N ^f f �,J�� K /✓f /.�7� o �7�� Address 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.): County of Albemarle Department of Community Development 401 McIntire Road Chat lotiesville, VA 22902 Voice: (434) 296-5932 Fax: (434) 9 72-412 6 4i23,2018 Page] o14 Each major home occupation authorized in the Rural Areas zoning district is subject to the following: UNDERSTAND THE REQUIREMENTS FOR THIS CLEARANCE IJ 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 7occu ton do not count toward the one thousand five hundred (1500) square feet limitation. JSection 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 n the area ' 'which it is located. Any accessory structure that does not conform to the applicable setback and yard =RS s for primary structures shall not be used for a home occupation. (Section 5.2A (c) (1)) & 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. Z(Sectio .2A (d) (1)J TRAFFIC Nola trips pe, 1. eel? �lv9. ano�q C�5fb"-rS? 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 5.2tA (e)) UFARKING Lo �1 i oN vJ�- Peter how .h G 17 t Psi ct 5 ? All vehicles used in the home occupation and all vehicles of employees, customers, clients or students related to the ,homeoccupation shall be parked on -site. (Section 5.2A (f)l I.d,OUTDOOR STORAGE The storage of goods, products, equipment other than vehicles used in the home occupation, or any materials associated with the ho a occupation, other than natural landscaping materials such as mulch and plants, outside of an enclosed structur ' prohibited. [Section 5.2A (g)] HOURS OF OPERATION ctl're b-2--p;cc;rl L-10vtf 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)] 9__MUMBER 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)J & UXIBER 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 4232018 Page 2 or4 f9-PEXFORMANCE STANDARDS The home occupation shall comply with the performance standards in section 4.14. (Section 5.2A (k)1 Does the use involve procedures, machinery or chemicals that may cause the following? NOISE VIBRATION GLARE HEAT AIR POLLUTION WATER POLLUTION RADIOACTIVITY ELECTRICAL DISTURBANCE NON -DOMESTIC WASTE DISCHARGED TO A SEPTIC FIELD OR SEWER If S, then applicable standards must be addressed with a Certified Engineer's Report (available from staff). PROHIBITED 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 P Y determined the zoning administrator be contrary (9) equipment, trailers, vehicles or machinery rentals to the purposese and intent of section 5.2A. =ICATIONS 2A (I)) & INSPECTIONS ( w t O Ve f elA t�/ fih, S ov f 5 �/ J 17 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 .2A (n)1 IGNAGE A41 ft4nage 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 fi. in height and must be setback at least 5 fi. from the public road =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. .1fa3or Home Occupation Cleeranc, 4/23i2018 Pug, 3 of 4 AREA WAIVERS OR MODIFICATIONS MAY BE SOUGHT ONLY FOR THE FOLLOWING: 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 HOUT WAIVER REQUEST ($27+notice fees) WITH A SPECIAL EXCEPTION ($27 + $457 + notice Submit Home Occupation application ($27). fees) 1. Submit Home Occupation application and Waiver Staff will review for completion and mail abutting rowner application ($25 + $457). notification (Fee varies based on number of 2. Staff will review for completion and mail abutting letters). Staff will visit property to post public notice sign, owner notification (Fee varies based on number of letters). review parking areas, proposed location of sign, and 3. Staff will visit property to post public notice sign, storage areas (if applicable). 4. Staff will approve application if requirements have review parking areas, proposed location of sign, and 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 ick-u ublic notice si 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. 1 alerti at 1 have read the restrictions on Home Occupations, that I understand them, and that I will abide by"Csconcilonjunction with a business license, represents zoning approval to conduct the Major Home Oc 2 X G � Signa#ie of Applicant Date Otheit Official Building Official Zoning Official ENGINEER'S REPORT ATTACHED: YES NO Date Date Date -,1 lG12n7d CONDITIONS: BGtI ,Q/� [d15�??Z - 4"'&W_'r44 .--- ipSS�Q�td2d�� fdl(�47. 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