HomeMy WebLinkAboutSP199700056 Action Letter
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April 15, 1998 (Regular Night Meeting)
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such violation within the time period established by the court shall consti-
tute a separate misdemeanor offense punishable by a fine of not less than ten
dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such
failure during any succeeding thirty (30) day period shall constitute a
separate misdemeanor offense for each thirty (30) day period, punishable by a
fine of not less than ten dollars ($10.00) nor more than one thousand dollars
($1,000) .
Agenda Item No. 14. SP-97-56. Angus Arrington (Sign #70). Public
hearing on a request to expand Class B Home occupation on 4.6 acs. Applicant
proposes to add 1 add'l employee. Loc on Rt 842 (Deer Bonn Ln). Znd RA.
TM80,P74C. Rivanna Dist. (Advertised in the Daily Progress on March 30 and
April 6, 1998.)
Mr. Cilimberg summarized the staff report, which is on file in the
Clerk's office and a permanent part of the record. Staff recommended approval
of the request subject to conditions. The Planning Commission, at its meeting
on April 7, 1998, also recommended approval of this request subject to five
conditions.
The request is to add one additional employee to a home occupation. The
applicant'S son no longer resides at the site, but is employed by his father,
so he is now considered a second employee. When he is on the site, a viola-
tion of a prior condition exists. Approval of the rquest would rectify the
situation. Favorable factors from the staff report were mentioned, such as
the fact that there will be no increase in traffic and no real change to the
appearance of the site anticipated.
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Mr. Cilimberg said an adjacent owner, Mr. Matthew Perry, is concerned
about other violations, and asked that a video tape be shown. Mr. Marshall
said the Board did not need to see the video tape, as they had received a copy
of Mr. Perry's letter. Ms. Humphris added that she did not want the Board to
set a precedent that if people did not want to attend meetings, they could
simply send video tapes.
Mr. Cilimberg said the Zoning Department had addressed the zoning
violations. The Commission decided it was simply a request to permit one more
employee to be on site.
The applicant, Mr. Angus Arrington, said he would like to change his
son's status from ~residentn to ~employee.. An unidentified person said they
were concerned the son would move back onto the premises, but Mr. Arrington
said he did not anticipate this would happen. If it did, there would be two
employees plus Mr. Arrington on-site.
Mr. Martin said condition number two could be changed to say that not
more than two employees could be on-site. The applicant agreed with the
proposal. However, if the son should move back onsite, there would then be
one employee and two family members. Mr. Arrington could then hire another
person. Mr. Cilimberg said this was discussed in the Commisson meeting.
At the Commission meeting, the Assistant County Attorney said this wording
clarified the situation so that if the son moves back, he is a member of the
family residing on the property, but there can always be two external employ-
ees. That makes it more flexible.
Mr. Marshall opened the public hearing on this request.
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Mr. James Chapman, who owns adjoining property, said he has no com-
plaints, and that Mr. Arrington's operation is not disturbing him.
Mr. Bowerman said Mr. Perry's letter says that the four adjoining
property owners object. Mr. Chapman said this is not possible, since there
are more than four property owners.
The public hearing was closed and the matter was placed before the
Board.
Motion was offered by Mr. Martin, seconded by Mr. Bowerman, to approve
SP-97-56, with the conditions recommended by the Planning commission.
Ms. Humphris said Ms. McCUlley'S memo stated there had been two viola-
tions of the conditions of the previous special use permit issued in January,
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April 15, 1998 (Regular Night Meeting)
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1997. That concerns her. She hopes there are no more complaints, adding that
home occupation status is special, not commercial use. Mr. Marshall agreed,
saying the Board will support Ms. Mcculley if violations occur in the future.
Roll was called and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Ms. Humphris and
Mr. Marshall.
NAYS: None.
(The conditions are as follow:)
1. The applicant shall have no more than three (3) trucks with gross
vehicle weight not to exceed twenty thousand (20,000) pounds per
vehicle and three (3) trailers parked on site;
2. Not more than two (2) employees, other than members of the family
residing on the property, shall be permitted on site;
3. No storage of gas, oil, fertilizer, or chemicals on site. No
outside storage of equipment, supplies/materials related to
landscape business, including trailers noted above. ~Storage.
will mean the keeping of more than a five (5)-gallon quantity of
material;
4. No repairs of equipment shall be permitted other than routine
operational maintenance such as, but not limited to, oil changes,
blade replacement, tire changes and belt changes. Operation of
equipment in association with routine maintenance is only allowed
between the hours of 10:00 a.m. and 8:00 p.m. The on-loading and
off-loading of equipment is not deemed to be routine operational
maintenance; and
5.
Area used to conduct the Home Occupation will not exceed 1,800
square feet.
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(Note: The Board took up the next two agenda items together.)
Agenda Item No. 15. Approve FY 1998-99 County Operating Budget.
Agenda Item No. 16. Adopt FY 1998 Tax Rates.
Mr. Tucker sumarized the staff's reports on both items. He said the
first resolution presented to the Board formally approves the proposed
expenditures for FY 1998-99, which are shown by major category or function and
total $134,889,551, an increase of $157,569 over the County Executive's
recommended budget. The added revenues are shown on in another report, and
reflect an additional $11,588 in revenues to the General Fund and $145,981 to
the School Fund.
County Executive adjustments to the recommended budget in the amount of
($122,202) include $98,946 in savings from the VRS Life rate "holiday. in FY
1998/99, and $23,256 in savings from miscellaneous personnel/operating cost
adjustments.
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General Fund revenue additions total $11,588, and generally reflect
additional State salary reimbursements for constitutional officers and staff.
Board of supervisors' funded additions to the recommended budget total
$333,528 and reflect the net impact of reducing the employee merit pool from 3
percent to 2.75 percent (a savings of $39,710), as well as a $150,000 increase
in the General Fund transfer to the School Division, $112,868 in additional
funding for School Debt Service, and $110,370 in General Government funded
initiatives (which include the $478 in additional funding for the Shelter for
Help in Emergency discussed at the April 8th public hearing). The revised
School Division transfer amount for FY 1998/99 is $49,188,488. Total budgeted
School Division debt service increases by $112,868 to $7,558,748.
School Fund changes include $145,981 in additional State education
revenues, which is $34,019 less than the $180,000 in new State funds origi-
nally projected during budget worksessions.
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