HomeMy WebLinkAboutSP200500008 Action Letter
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COUNTY OF ALBEMARLE
Department of Community Development
401 Mcintire Road, Room 227
Charlottesville, Virginia 22902-4596
Fax (434) 972-4012
Phone (434) 296-5832
August 4, 2006
Jose Gaona or Elpidia M. Gaona
3808 Monacan Trail Rd
North Garden, VA 22959
RE: SP 2005-008 Tortilleria Y Panaderia La Michoacana - Home Occupation Class B
Tax Map 99, Parcel 27A1
Dear Mr. & Mrs. Gaona:
On July 12, 2006, the Albemarle County Board of Supervisors took action on SP-2005-008
T ortilleria Y Panaderia La Michoacana to allow a Home Occupation Class B for a Catering
business in accordance with Section 10.2.2.31 of the Zoning Ordinance on Tax Map 99, Parcel
27 A 1 in the Samuel Miller Magisterial District. This special use permit was approved based on
the following conditions:
1. Special Use Permit 2005-08 shall be developed in general accord with the concept
plan, titled 'Gaona Home Occupation' (Attachment A, reference Condition #7.) and
dated June 8, 2006. However, the Zoning Administrator may approve revisions to the
concept plan to allow compliance with the Zoning Ordinance;
2. The proposed shed shall be constructed no larger than 18' x 20';
3. The entrance from Route 29 South shall meet VDOT Minimum Standards for
Entrances to Private Street requirements;
4. No more than two employees other than persons living on the property are permitted
to come to this site for any work-related purpose;
5. The hours of operation of this home occupation shall be limited to 8:00 am until 6:00
pm.
6. Vehicles parked on site associated with this home occupation shall be limited to one
panel truck and one trailer;
7. The applicant shall plant and maintain a 100' long continuous buffer adjacent to the
southern parcel boundary. The buffer shall begin 15' from the westernmost trunks of
the existing cluster of large deciduous trees located at the intersection of parcels
27 A 1, 27 A2, and Route 29 South. The plants comprising the buffer shall be
evergreen trees or large shrubs (6' tall minimum upon planting; 8' minimum mature
height); mixed species or a monoculture. The trees/shrubs shall be planted a
minimum of 8' on center for the continuous 100' length. Suggested species include:
Gaona
Page 2 of 2
August 4, 2006
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Juniperus vlrglmana (Virginia red cedar) and /lex opaca (American holly). The
approximate location of the buffer is indicated on the concept plan (Attachment A);
8. There shall be no delivery of food products or business materials on site; and
9. There shall be.no on-site sales of food products.
In the event that the use, structure or activity for which this special use permit is issued shall not
be commenced within twenty-four (24) months after the issuance of such permit, the same shall
be deemed abandoned and the authority granted thereunder shall thereupon terminate. For
purposes of this section, the term "commenced" shall be construed to include the
commencement of construction of any structure necessary to the use of such permit within two
(2) years from the date of the issuance.
Please be aware that establishment and operation of a Home Occupations, Class B use is
subject to supplementary regulations of the Zoning Ordinance (Section 5.2). Copies of the
supplementary regulations are attached.
Before beginning this use, you must obtain a zoning clearance from the Zoning
Department. Before the Zoning Department will issue a clearance, you must comply with
the conditions in this letter. For further information, please call Jan Sprinkle at 296-5832.
If you should have any questions or comments regarding the above-noted action, please do not
hesitate to contact me.
Sincerely,
Ywayne c;r berg
Director of Planning
Planning Division
- ...
VWC/aer
A IT ACHMENT
Zoning Ordinance Section 5.2; Home Occupations
Cc: Amelia McCulley
Tex Weaver
Chuck Proctor
Sherr; Proctor
'. .
ALBEMARLE COUNTY CODE
first amending the special use permit. special events shall thereafter be prohibited on the
resulting parcels unless a new special use permit is obtained.
(Ord. 05-18(8).7-13-05)
5.2 HOME OCCUPATIONS
5.2.1 CLEARANCE OF ZON1NG ADMINISTRATOR REQUIRED
Except as herein provided. no home occupation shall be established without approval of the
zoning administrator. Upon receipt of a request to establish a home occupation. Class B, the
zoning administrator shall refer the same to the Virginia Department of Highways and
Transportation for approval of entrance facilities and the zoning administrator shall determine the
adequacy of existing parking for such use. No such clearance shall be issued for any home
occupation, Class B, except after compliance with section 5.2.3 hereof. (Amended 3-18-81)
5.2.2 REGULAT10NS GOVERNING HOME OCCUPATlONS
5.2.2.1 The following regulations shall apply to any home occupation:
a. Such occupation may be conducted either within the dwelling or an accessory structure, or
both, provided that not more than twenty- five (25) percent of the floor area of the dwelling
shall be used in the conduct of the home occupation and in no event shall the total floor area
of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand
five hundred (1.500) square feet; provided that the use of accessory structures shall be
permitted only in connection with home occupation, Class B;
b. There shall be no change in the outside appearance of the buildings or premises, or other
visible evidence of the conduct of such home occupation provided that a home occupation,
Class B, may erect one home occupation Class B sign as authorized by section 4.15 of this
chapter. Accessory structures shall be similar in facade to a single-family dwelling, private
garage, shed, barn or other structure normally expected in a rural or residential area and shall
be specifically compatible in design and scale with other development in the area in which
located. Any accessory structure which does not conform to the setback and yard regulations
for main structures in the district in which it is located shall not be used for any home
occupation;
c. There shall be no sales on the premises, other than items hand crafted on the premises, in
connection with such home occupation; this does not exclude beauty shops or one-chair
barber shops;
d. No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking generated by
the conduct of such home occupation shall be met off the street;
e. All home occupations shall comply with performance standards set forth in section 4.] 4;
f. Tourist lodging, nursing homes. nursery schools. day care centers and private schools shall
not be deemed home occupations.
5.2.2.2 Prior to issuance of clearance for any home occupation, the zoning administrator shall require the
appl icant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing
regulations.
(12-] 0-80. ~ 5.2.2; Ord. 01-18(3), 5-9-01)
]8-5-22.11
Zoning Supplement #37.7-13-05
ALBEMARLE COUNTY CODE
5.2.3 CERTAIN PERMITS REQUIRED
No home occupation, Class B. shall be established until a permit shall have been issued therefor.
The provisions of section 5.2.1 of this ordinance shall apply hereto, mutatis mutandis.
5.2.4 REVOCATION
The zoning administrator may revoke any clearance or permit issued pursuant to this section, after
hearing, for noncompliance with this ordinance or any condition imposed under the authority of
this section.
18-5-22.12
Zomng Supplement #37, 7-13-05