Loading...
HomeMy WebLinkAboutCLE201100010 Approval - County 2011-04-15AL �'IRGINt�` COUNTY OF ALBEMARLE Department of Community Development- Zoning 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 April 15, 2011 David Oxford 1850 Browns Gap Turnpike Charlottesville, VA 22901 RE: CLE 2011 -10 Hungarian Bakery -Major Home Occupation Approval Tax Map Parcel 57 -1A, 1850 Browns Gap Turnpike Dear Mr. Oxford, Fax (434) 972 -4126 This letter and attached Application for Zoning Clearance serve as approval of a Major Home Occupation (CLE 2011 -10) for the Hungarian Bakery. This approval is based on the information provided initially with SP 2010 -29 and the following conditions: • No more than 2 outside employees • No customers on -site • Use of approximately 1,000 square feet of the existing barn for the business • Approval and compliance with Virginia Department of Health regulations Please be aware of all zoning ordinance regulations related to Major Home Occupations (attached) that must be complied with. If you wish to expand or modify the business beyond the conditions of this approval please contact me and it may be necessary to revise your application and approvals. Feel free to contact me if you have questions or need additional information at (434) 296 -5832 ext.3226 or rragsdale(aalbemarle.org Sincerely, K" d'e& Rebecca Ragsda e Senior Planner- Zoning x A.pplicati ®n for Zoning Clearance CLE # 11 — 10 OFFICE USE ONLY PLEASE REVIEW ALL 3 SHEETS Check # Date: Receipt # Staff: PARCEL INFORMATION ^ Tax Map and Parcel: s7- \ A Existing Zoning 1 Kti- T�'"'1 0'X'�'"' Parcel Owner: �,✓4'iv'i cQ Parcel Address: S70 �ro� ✓ ^5 &, ,.-`?j q' City C•Ii""l" State V4 Zip2 -2yv( (include suite or floor) PRIMARY CONTACT cX Who should we call /write concerning this project ?' Address : 5ci't e- City State Zip Office Phone: q*3 �) g�5_2j3X Cell # °rI`1 �jry�' `i 1 `3% Fax # E -mail Ck''t,,,cQ Q i)a k �ei v-ev7, o rc, APPLICANT INFORMATION Change of use Change of name New business Check any that apply: Change of ownershi��p ii -- Business Name /Type; ITEM qT, c ti "B��Y+e. ,Previous Business on this site Describe the proposed business including use, number of employees, number of shifts, available parking spaces, number of vehicles, and any additional information that you can provide: *This Clearance will only be valid on the parcel for which it is approved. If you. change, intensify or move the use to a new location, a new Zoning Clearance will be required. I hereby certify that I own or have the owner's permission to use the space indicated on this application. I also certify that the information provided is true and aec to the best o : y knowledge. I have read the conditions of approval, and I. understand them, and that I will abide by them. ( "D% L/i Signature J ----= Printed APPROVAL INFORMATION [ ] Approved as proposed X] Approved with conditions [ ] Denied ] Backflow prevention device and /or cw•rentlest data needed for this site. Contact ACSA, 977 -4511, xl 17. ] No physical.site inspection has been done for this clearance, Therefore, it is not a determination of compliance with the existing site plan. . I ]This site complies with the site ylan as of this date. �.� Notes; V An! dt( U GU 0me 6,V I'v Building Official Date Zoning Official � Date g1I��jr p 1i' �"1 r b Oth�9f Date County o1' Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126 Revised 1/1/2011 Page 2of3 a Intake to complete the following: I us'Cin LI, HI or PDIP zoning? If so, give applicant a Certified Engineer's Report (CER) packet. �/N /ill there be food preparation? If so, give applicant a Health Department form. Zoning review can not begin until we receive approval from Health Dept, FAX DATE Circle the one app ies Is parcel on rivate well • public water? If private we e I- Iea111 Department form, Zoning review can not begin until we receive approval from Health Dept. FAX DATE Circle the o plies Is parcel o I septic • public sewer? Y / Wil ou be putting up a new sign of any kind? If so, obtain proper Sign permit. Permit # Y W i ere be any new construction or renovations? If so, obtain the proper Permit. Permit # 7.nnino.tn emmnlPtP the fnlln1A,ina, Reviewer to complete the following: Square footage of Use: Z b 0 d I. / erm N y itted as: aMe, DG (IT) G Under Section: IM • I Supplementary regulations section: 9 A Parking formula: Required spaces: Y/N Items to be verified in the field: Inspector: Date: Notes: Violations: Y/N If so, List: Proffers: Y/N If so, List: Variance: Y/N If so, List: SP's: Y/N If so, List (9y a Clearances: SDP's Revised 1/1/201 1 Page 3 ol'3 Hungarian Bakery Home Occupation Class B Special Use Permit Application Concept Plan September 20, 2010 Project Description Convert approximately 1000 square feet of an existing detached barn adjacent to the primary residence for use as a home occupation bakery business. Currently, the Hungarian Bakery operates under Home Occupation Class A at 1240 Templeton Circle under Katalin Magyar. This project would purchase that business and continue operating it at 1850 Browns Gap Turnpike. In the near term, this business would have no outside employees and would be operated solely by the owners residing on the property. Longer term, it should allow for up to two outside employees. Normal operating hours would be between 7:OOam and 7:OOpm weekdays, with exact timing varying depending on season and demand. No customers will be served or dealt with on -site. Orders will be taken by phone or web, and baked goods will be delivered to customers or to shipping facilities. Existing family vehicles will be used for product deliveries and will be parked as they are currently in off - street parking. Deliveries to the business of ingredients, supplies, etc, will typically be by normal small- truck /van carriers (FedEx, UPS, USPS), with an expected average of 1 -3 deliveries per week. In general, no significant change in traffic along Browns'Gap Turnpike or entering /leaving the property at 1850 is anticipated related to this business. The existing barn building will not be modified externally for this business. Per section 5.2.2.1(b) of the Zoning Ordinance, one small sign may at some point be displayed in compliance with the definition of a Home Occupation Class B sign in section 4.15.2(25). No such sign will be displayed in the near term, however. From the outside (street, adjacent properties, etc), there should be no visible evidence of this business. The existing building is approximately 4800 square feet over two levels, and this project will allocate approximately 1000 square feet of that space on the first level. In addition, an existing office /study space within the primary residence will be used for management - related activities. This space is approximately 140 square feet, and usage will be shared with other household activities (i.e., this office space is not dedicated solely to this business). Project Rationale This project seeks to enhance the area in a number of ways: 1) Furthering the agriculture value and use of this Rural Area property by making use of agricultural products already produced on the property, including eggs and dairy products, and making those products available to the surrounding area in a value -added way. 2) Retaining the rural character of the area by maintaining an older barn in a productive way without altering the exterior character of the barn. 3) Maintaining an existing local small business which might otherwise close with the retirement of the current owner. In addition, it should be noted that this same operation would be permitted by right (Home Occupation Class A) if it were being conducted within the primary residence -- as it is now under Katalin Magyar -- instead of an existing detached building. This business will be a low- intensity operation which should have no substantive or noticeable impact on the surrounding area. Notes on Attached Diagram The attached concept plan diagram shows the distances from the barn to the two closest property lines The shortest distance is 185 feet, which is to the property line that abuts an unused field at the end of the driveway to the property of Steven and Diane Skalak. The next closest distance is 220 feet, to Browns Gap Turnpike. The width of the driveway is 15 feet. 05/10/2009 22:F' 4345896731 OASIS TI'P- D FOR RECORDATION O I o Ci4.t,w.inm� $ • 4'k•at IvtQ.p 'Of 5upsrviscr ' CJ t9' 41 -• IOG 4 Plow R. Skolak p. 302 3352030 , pp. 53'7 -53$ (plat) PAGE 09/34 ' I � I I S �f Pef`fcY•fptWeb 1111 I�ht- °F''WaIJ LINE I RADIUS ARC I CHORD CHORD SEMJ t+o7>= , I C1 431.BOft I 40.17ftl 40.16ft 971371 WE Parasl A 9,0= Ac., b a combtr a lon ! of 4.4-13 ,4c, from per•ent Parcel I and `t 006 Ac. poe—i X) From that pamem GP . Parcel I I bV amt OF tho old dIN" on lk s LINE B ARIN9 �R Li S3'59'33'E P p �J1 S86- 00'27 -H i5i m S86.00'27.K 105,00ft L4 I� W) q ck i G ✓.l 0 L5 572.37'14'E 112.75ft Lfi ' I � I I S �f Pef`fcY•fptWeb 1111 I�ht- °F''WaIJ LINE I RADIUS ARC I CHORD CHORD SEMJ t+o7>= , I C1 431.BOft I 40.17ftl 40.16ft 971371 WE Parasl A 9,0= Ac., b a combtr a lon ! of 4.4-13 ,4c, from per•ent Parcel I and `t 006 Ac. poe—i X) From that pamem GP . Parcel I I bV amt OF tho old dIN" on lk s LINE B ARIN9 3715TANGE Li S3'59'33'E 38.82ft L2 S86- 00'27 -H 15.00(t L3 S86.00'27.K 105,00ft L4 5359'33 "E 60,00ft L5 572.37'14'E 112.75ft Lfi 572.. i4'E 16,18ft 30.00 " G 24'12'01' 779 .00' Ft= 677.92' 1762.40-' ? A+286.3d' 922'31'05 -E 151 FARCJf -L. A 1 A, gppap sF �"Qdki� 9110 Lc= 284.21' 5.0552 Ac. l (Parcel X, 0.06 Act 768.32 15. 834'37'06T 225.60' % t5. 1379'44'99'N 796.32 GEL I �sskkw Parc01 1.2SA25D Ac- is a 400bvk2tlon r. Of 205535 Ac. from pporent Parc01 I old \ 2.41 Ac. (Parcel '0 ffam HWt portwn of O'ct•cei 7, 2,4Y Ac)' PcCC®I I Iging east OF the old divlslan. The r X74' I Is. o . 3,i0 Sutldtru3 Sete. 15. 37g,0 053.5 X0.9 1-138 o' 90 00' iBO- AG3E F'aRia011 OF OPJ6INPL PARGL'i � /` � ' AT IN DH. ` O '� 1 l� • 15. � o �+ n y� SShad Bam FARC,5>" 13 12.1 -130 AG. '05'31'E 178,63' \529'43'42-E • 173.46' S S39 23.66 ?E 95.20' NTZ Q$•�s N �� (Parc01 Z 10.145 Aa) 136-1 gq' )root at Pnt I Land .q .').from th Ui ppOorrtbn of oC +he akl•cdvlefon ItrLO. � 15. i i f •,i TM1` 5T -2 i R hard W. Mlksad C1ib IQ04 p' 525 i. 1 FT> 8: 1562 p. 61:4 (plat) $;4 i A 44'40'24 - NaS7.35' A•27 @,62' 920'04'08'E Lc=271.62' '25'i1'E 77.90' TMp 5-7 - 2B \` Central Vlrglnia Electric coop, `� ~ D,E. 515 p, 0-I91, P. 081 (plat) S�EIET 6: I Ubo 9� i�w+ iY 77— P-- u W v o 0 1 � VP s i s' oll 10 /fj Q 00 Lli Z °oo p U) A t AA S Y 1� �' CJ o o`� W i4 0- q O^ ^Lo 9 7z • , ^ u i o p U © /0 L 1 W �- O _- �' CJ o o`� VIRGINIA Albemarle County Health Department DEPARTMENT Po sox 7546 A Charlottesville, VA 22906 VDHOF HEALTH (434) 972 -6219 Vo9ce Protecting You and Your' E-rlvironment (434) 972 -4310 Fax Sewage Disposal System Operation Permit Property Owner Health Dept. ID: 101 -11 -0028 Oxford, David & Karen Tax Map: 57 -1A 1850 Browns Gap Turnpike Charlottesville, VA 22901 Locality: Albemarle Phone: (434) 996 -9131 Property Location Property Address: 1850 Browns Gap Turnpike Charlottesville, VA 22901 Directions: Route 250 West, Right on Route 240 at Mechums River, Right on Browns Gap Turnpike, go 1.6 miles, house Is 1#1850. David & Karen Oxford are hereby granted permission to operate a Septic Tank Only and Aggregate Trench Sewage System at the above referenced location, having a design capacity of 150 gallons per day maximum. Conditions • Water usage is not to exceed 150 gallons per day. If water usage exceeds 150 gallons per day, then the onsite sewage system shall be modified to meet the increased usage. • Water usage Is to be tracked by a water meter. • The owner is required to retain the services of an operation and maintenance service provider. The provider is to follow the frequency of monitoring outlined by the engineer. This permit is issued in accordance with the provisions of Title 32.1, Chapter 6 of the Code of Virginia as Amended, and Section 12VAC 5- 610 -340 of the Sewage Handling and Disposal Regulations of the Virginia Department of Health. The issuance of an operation permit does not denote or imply any guarantee by the department that the sewage disposal system will function for any specified period of time. It shall be the responsibility of the owner or any subsequent owner to maintain, repair, or replace any sewage disposal system that ceases to operate in accordance with the regulations. April 14, 2011 Josh Kirtley &49-eat' Effective Date EHS Signed ApfM, 2011 VDHOF VIRGINIA DEPARTMENT HEALTH Protecting You and Your Environinent Albemarle County Health Department PO Box 7546 Charlottesville, VA 22906 (434) 972 -6219 Voice (434) 972 -4310 Fax Sewage Disposal System Operation Permit Property Owner Health Dept. 1D; 101 -11 -0028 Oxford, David & Karen Tax Map: 57.1A 1850 Browns Gap Turnpike Charlottesville, VA 22901 Locality: Albemarle Phone: (434) 996 -9131 Property Location Property Address: 1850 Browns Gap Turnpike Charlottesville, VA 22901 Directions: Route 250 West, Right on Route 240 at Mechums River, Right on Browns Gap Turnpike, go 1.6 miles, house Is #11850. David & Karen Oxford are hereby granted permission to operate a Septic Tank Only and Aggregate Trench Sewage System at the above referenced location, having a design capacity of 150 gallons per day maximum. Conditions • Water usage is not to exceed 150 gallons per day. If water usage exceeds 150 gallons per day, then the onsite sewage system shall be modified to meet the increased usage. • Water usage Is to be tracked by a water meter. • The owner is required to retain the services of an operation and maintenance service provider. The provider Is to follow the frequency of monitoring outlined by the engineer. This permit is Issued in accordance with the provisions of Title 32.1, Chapter 6 of the Code of Virginia as Amended, and Section 12VAC 5- 610 -340 of the Sewage Handling and Disposal Regulations of the Virginia Department of Health. The issuance of an operation permit does not denote or imply any guarantee by the department that the sewage disposal system will function for any specified period of time. It shall be the responsibility of the owner or any subsequent owner to maintain, repair, or replace any sewage disposal system that ceases to operate in accordance with the regulations. April 14, 2011 Josh Kirtley Effective Date EHS Signed ApfM, 2011 ALBEMARLE COUNTY CODE C. Exterior appearance. The exterior appearance of a parcel with a home occupation shall be subject to the following: 1. Class A home occupations. There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of a Class A home occupation. 2. Class B home occupations. There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of a Class B 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 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. d. Sales. No home occupation shall sell goods to a customer who comes to the site except for goods that are hand - crafted on -site and goods sold that are directly related to a beauty shop or a one -chair barber shop home occupation. e. Traffic generated by a home occupation. The traffic generated by a home occupation shall not exceed the volume that would normally be expected by a dwelling unit in a residential neighborhood. f. Parking. All vehicles used in a home occupation and all vehicles of employees, customers, clients or students shall be parked on -site. g. Performance standards. All home occupations shall comply with the performance standards in section 4.14. h. Prohibited home occupations. The following uses are prohibited as home occupations: (1) tourist lodging; (2) nursing homes; (3) nursery schools; (4) day care centers; and (5) private schools. i. Zoning clearance required. No home occupation shall commence without a zoning clearance issued under section 31.5, subject to the following: Class A home occupations. Prior to the zoning administrator issuing a zoning clearance for a Class A home occupation, the applicant shall sign an affidavit affirming his understanding of the requirements of section 5.2. Class B home occupations. Prior to the zoning administrator issuing a zoning clearance for a Class B home occupation: (a) there shall be a valid special use permit for the Class B home occupation; (b) the applicant shall provide the zoning administrator evidence that the Virginia Department of Transportation has approved the entrance to the site; and (c) the applicant shall sign an affidavit affirming his understanding of the requirements of section 5.2. (§ 20 -5.2, 12- 10 -80; § 5.2.1, 12- 10 -80, 3- 18 -81; § 20- 5.2.2, 12- 10 -80; §18- 5.2.2, Ord. 98 -A91), 8 -5 -98; Ord. 01- 18(3), 5 -9 -01; Ord. 11- 18(1), 1- 12 -11) 5.2A HOME OCCUPATIONS IN THE RURAL AREAS ZONING DISTRICT Each home occupation authorized in the rural areas zoning district shall be subject to the following: a. Purpose and intent. The purpose for authorizing home occupations in the rural areas zoning district is to encourage limited home -based economic development, balanced with the need to protect and preserve the quality and character of the county's agricultural areas and residential 18 -5 -22.19 Zoning Supplement #65, 1 -12 -11 ALBEMARLE COUNTY CODE neighborhoods in the rural areas zoning district. The regulations in this section are intended to ensure that authorized home occupations will be compatible with other permitted uses, the agricultural areas, and the residential neighborhoods by regulating the scale, hours, external activities, external appearance and other impacts that may arise from a home occupation. b. Location and area occupied by a home occupation. A home occupation shall be located and sized as follows: Major home occupations. A major 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. Minor home occupations. A minor home occupation shall be conducted entirely within the dwelling unit, 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 gross floor area used for the home occupation shall not exceed one thousand five hundred (1500) square feet. C. Exterior appearance. The exterior appearance of a parcel with a home occupation shall be subject to the following: Major home occupations. There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of a major 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. 2, Minor home occupations. There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of a minor home occupation. d. Visitors and sales. Visitors and sales related to a home occupation shall be subject to the following: Major home occupations. Customers, clients and students may visit a major home occupation. The sale of goods by the major home occupation to a customer who comes to the site is prohibited except for goods that are hand- crafted on -site and accessory goods that are directly related to a major home occupation, including but not limited to tools for pottery making and frames for artwork. 2. Minor home occupations. No customers, clients or students may visit a minor home occupation for a purpose related to the home occupation. The sale of goods or the provision of services by the minor home occupation to a customer, client or student at the site is prohibited. e. Traffic generated by a major home occupation. The traffic generated by a major home occupation shall not exceed ten (10) vehicle round trips per day or more than thirty (30) vehicle round trips 18 -5 -22.20 Zoning Supplement #65, 1 -12 -11 ALBEMARLE COUNTY CODE per week. For the purposes of this section, a "vehicle round trip" means one vehicle entering and exiting the site. f. Parking. All vehicles used in a home occupation and all vehicles of employees, customers, clients or students related to a major home occupation shall be parked on -site. g. Outdoor storage. The storage of goods, products, equipment other than vehicles used in a home occupation, or any materials associated with a home occupation, other than natural landscaping materials such as mulch and plants, outside of an enclosed structure is prohibited. h. Days and hours of operation for major home occupations. Major home occupations 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. i. Number of vehicles used in a home occupation. The number of vehicles that may be used in a home occupation that are parked or stored on -site shall not exceed two (2) motor vehicles and two (2) trailers. j. Number oj'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. k. Performance standards. All home occupations shall comply with the performance standards in section 4.14. Prohibited home occupations. The following uses are prohibited as home occupations: (1) any use requiring a special use permit under section 10.2.2; (2) animal rescue centers; (3) automobile graveyards; (4) restaurants; (5) storage yards; (6) gun sales, unless the guns are made on -site by one or more family members residing within the dwelling unit; (7) on -site pet grooming; (8) body shops; (9) equipment, trailers, vehicles or machinery rentals; (10) shooting ranges; (11) commercial stables; (12) rummage or garage sales other than those determined by the zoning administrator to be occasional; (13) veterinary clinics or hospitals; (14) pyrotechnic (fireworks or bomb) device manufacturing or sales; and (15) any other use not expressly listed that is determined by the zoning administrator to be contrary to the purpose and intent of section 5.2A. in. Waivers and modifications. The waiver or modification of any requirement of section 5.2A is prohibited except as provided herein: 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. 2. 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. Zoning clearance required; notice of request. No home occupation shall commence without a zoning clearance issued under section 31.5. For each zoning clearance requested for a major home occupation, the zoning administrator shall provide written notice that an application for a zoning 18 -5 -22.21 Zoning Supplement #65,1-12-11 ALBEMARLE COUNTY CODE clearance has been submitted to the owner of each abutting parcel under different ownership than the parcel on which the proposed home occupation would be located. The notice shall identify the proposed home occupation, its size, its location, and whether any waiver or modification is requested. 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. (Ord.11- 18(1),1- 12 -11) 18 -5 -22.22 Zoning Supplement #65,1-12-11