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Home My WebLink AboutHO201100107 Legacy Document 2011-05-23COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 May 23, 2011 Mahmood Pashazadeh 2891 Seminole Trail Charlottesville, VA 22901 Re: Home Occupation Class A 2011-0107 at 2891 Seminole Trail (Parcel ID - Tax Map 46, Parcel 28A1) Official Determination of Denial Dear Mr. Pashazadeh, I have reviewed your home occupation application for the above -referenced property. Because it does not comply with the applicable regulations for home occupations, this application is denied, as explained more fully below. This application is hereby denied because, among other things, it does not comply with Albemarle County Code Section 18-5.2 c 1, which provides: 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. In your case, several items on the property have been used for the rug sales business and are visible evidence of the conduct of a business. These include: the "Pasha" business sign, two racks on which rugs were displayed, hours of operation and an "open" sign in the window. In addition, advertisements for the business are still running in the local newspaper listing hours open to the public for retail sales. Please see the attached zoning regulations from Albemarle County Code Section 18- 5.2 applicable to home occupations. Please be aware that the following requirements will need to be met before a home occupation could be approved on this property: 1. Home occupations are allowed only as an accessory use to a residence. Confirm that the primary use of the property is your residence by providing a) a copy of your driver's license with this address listed or b) some other corroborating documentation from an official source. 2. Arrange for an onsite inspection to measure the area devoted to the home Page 2 Letter to Mahmood Pashazadeh May 23, 2011 occupation and the area devoted to residential use. A home occupation shall not exceed 1500 square feet or 25% of the gross floor area of the dwelling. 3. Provide a written description/explanation of how rugs will be "wash, repair fixing." Please provide information for the County Engineer to confirm that this proposed use will comply with the performance standards of Section 4.14 (per Section 5.2 9). 4. Provide Health Department approval for the adequacy of well and septic for washing rugs onsite. 5. State in writing how many customer visits per week are expected to be associated with this home occupation (per Section 5.2 e). 6. State in writing whether any employees will be associated with this use and if so, how many. 7. Explain the plans for the stacks of rugs on the first floor of the building. If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $240 plus the actual cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.org/cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at www.albemarle.org/countycodebza. (Please note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available at the bottom of www.albemarle.org/cdapps.) Sincerely, Amelia G. McCulley, A.I.C.P. Zoning Administrator HOME OCCUPATIONS REGULATIONS IN ZONING DISTRICTS OTHER THAN THE RURAL AREAS ZONING DISTRICT Home Occupation, Class A: An occupation, not expressly prohibited by section 5.2, conducted for profit within a dwelling unit solely by one or more members of the family residing within the dwelling unit; provided that nothing herein prohibits the occupation from engaging other persons who work off-site and do not come to the dwelling unit to engage in the occupation. (Amended 8-5-09, 1-12-11) Home Occupation, Class 8: An occupation, not expressly prohibited by section 5.2, 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. (Amended 8-5-09, 1-12-11) 5.2 HOME OCCUPATIONS IN ZONING DISTRICTS OTHER THAN THE RURAL AREAS ZONING DISTRICT Each home occupation authorized in a zoning district other than the rural areas zoning district shall be subject to the following: a. Purpose and intent. The purpose for authorizing home occupations in zoning districts other than 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 residential neighborhoods. The regulations in this section are intended to ensure that authorized home occupations will be compatible with other permitted uses and the residential neighborhood 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: 1. Class A home occupations. A Class A 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. 2. Class 8 home occupations. A Class B home occupation shall be conducted within the dwelling unit or an accessory structure, 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 gross floor area used for the home occupation shall not exceed one thousand five hundred (1500) square feet. Page 2 Home Occupation Regulations (other than RA) 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 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. 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: 1. 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. 2. Class 8 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)