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HomeMy WebLinkAboutSP200100054 Action Letter APPROVED FILE FOUND: BOS LETTER MISSING February 13, 2002 (Regular Night Meeting) (Page 8) 3. Within three (3) months following approval of this special use permit, the permittee shall apply for a commercial entrance that meets Virginia Department of Transportation (VDOT) specifications, including all specifications for sight distance. In order to satisfy the specifications for sight distance, VDOT may require a sight easement on the adjacent property to the north to accommodate the relocation of the driveway on the subject property. The commercial entrance shall be completed to the satisfaction of VDOT within three (3) months following approval of the site plan or site plan waiver; 4. Within one (1) month following approval of this special use permit, the permittee shall submit to the County either a site plan or an application for a site plan waiver and shall obtain preliminary site plan approval or approval of a site plan waiver. If a preliminary site plan is approved, within one (1) month of that approval the permittee shall submit for approval the final site plan. If a final site plan is not approved within six (6) months after the date the preliminary site plan was approved, the public garage use shall cease until a final site plan is approved; 5. Within three (3) months following approval of this special use permit, the permittee shall apply for approval from the Virginia Department of Environmental Quality (DEQ) for storing oil, radiator fluid and other chemicals associated with the public garage. Storage shall conform to all requirements of DEQ. The chemicals shall be stored under a shelter with overhead coverage; 6. Within three (3) months following approval ofthis special use permit, the permittee shall obtain written approval from the County Department of Fire and Rescue of a means to contain accidental or incidental spills from storage drums or containers and a spill containment system; 7. Within three (3) months follOWing approval of this special use permit, the permittee shall either remove or demolish one of the dwelling units on the property, or convert it so that it is no longer a dwelling unit within the meaning of the Zoning Ordinance, as determined by the Zoning Administrator; 8. Within one (1) month following approval of this special use permit, the permittee shall submit to the DEQ a Form 7 application for an air permitting determination for the paint operation. The permittee shall comply with all rules and regulations imposed by DEQ. If a Form 7 application is not submitted or if the permittee fails to comply with all rules and regulations imposed by DEQ, body work and spray painting vehicles is prohibited; 9. Gasoline sales are prohibited; 10. The sale or rental of vehicles or other motorized equipment is prohibited; 11. All repairing or equipping of vehicles shall take place inside the existing garage, with the exception of vehicles being repaired on the vehicle lift located adjacent to the garage; 12. The outdoor storage of parts, equipment, machinery and junk is prohibited; 13. No more than a total of ten (10) vehicles associated with the public garage use shall be located outside any enclosed structure. All vehicles associated with the public garage use shall be parked only in the gravel parking area shown on the plan titled "SP 01-49 Harris Garage Concept Plan," which is made a part of these conditions. "Vehicles associated with the public garage use" include, but are not limited to, the vehicles of the publiC garage customers; and the vehicles of the owner or occupant of the property, or any other person, that: (a) are inoperable vehicles within the meaning of Section 3.1 of the Zoning Ordinance; (b) are being or will be repaired, equipped, restored, refurbished, or painted; (c) are having or will have body work performed on them; or (d) are having or will have their parts or equipment removed, to be used in the repair or equipping of other vehicles or to be sold; 14. Within three (3) months following approval of this special use permit, the permittee shall obtain written Fire Official approval of the garage operation; 15. Within three (3) months following the approval of this special use permit, the permittee shall apply for Health Department approval of the septic system. The septic system shall comply with Health Department requirements; 16. Within three (3) months following approval of this special use permit, the permittee shall obtain written Engineering Department approval of the waste disposal and collection methods; 17. The hours of operation shall be between 8 A.M. and 8 P.M., Monday through Saturday. These hours of operation do not prohibit customers from dropping off vehicles before 8 A.M. on the days of operation; and 18. Within three (3) months fol/owing approval of the site plan or site plan waiver, the permittee shall install and thereafter maintain a minimum twenty (20)-foot deep landscape evergreen-screening buffer to shield the view of the garage from adjacent properties and Markwood Road. The screening buffer shall be located in the approximate area labeled "gravel parking," and between the building and the street, as shown on the "SP 01-49 Harris Garage Concept Plan." The spacing and materials used in the landscape buffer shall be approved by the Planning Director. The permittee shall also submit a landscape plan with the site plan application. Agenda Item NO.7. SP-2001-054. B.C. Spencer Enterprises (Sign #97). Public hearing on a ~ February 13, 2002 (Regular Night Meeting) (Page 9) request to allow Home Occupation-Class B (firearms business). TM104, P22, contains 10.0 acs. Loc on Rt 620 approx 0.4 mi from intersec of Rt 620 & Rt 728. Scottsville Dist. (Notice of this public hearing was advertised in the Daily Progress on January 28 and February 4, 2002.) Mr. Cilimberg said this request is for a special use permit to allow a shop in an accessory building used to construct custom firearms. The applicant, in 1980, received administrative approval of a permit for a Home Occupation-Class A on condition that it be renewed yearly, In 1987, he applied for another home occupation permit, which was approved with the condition that he not conduct retail sales or store ammunition. In 1990, he applied for a building permit for an accessory building to be used as a workshop and garage. He should have been required to obtain a Class B permit before moving the use into this accessory structure. The applicant has stated that County staff did not notify him of the need for a Class B permit, and he continued the use in unwitting violation of Section 10.2.2.31 of the Zoning Ordinance. Recently, during the process of obtaining a building permit for an addition to the accessory building (for storage not related to the home occupation), the applicant was informed that he must obtain a new special use permit. The current permit application is intended to bring this existing use into conformity with the Zoning Ordinance. Mr. Cilimberg noted that the use meets all the standards in Section 5.0 of the Zoning Ordinance for a Home Occupation-Class B, and this is an existing and long-standing use. The one unfavorable aspect is that this use was moved into an accessory structure without approval and has been operating in violation of the Zoning Ordinance. Mr. Cilimberg said the Planning Commission, at its meeting on January 15, 2002, unanimously recommended approval of SP-2001-054 with no conditions since the Home Occupation regulations in the Zoning Ordinance will cover the permit. At this time, Ms. Thomas opened the public hearing. Mr. Clay Spencer said he is the applicant. He was not notified when he built the building in 1990. When he went to get another building permit, that is when this came up. Everything has been checked, and everything is okay. He did not know he had to have the permit. Mr. Dorrier said Mr. Spencer has the privilege of being one of the best professionals in his field dealing with rifles, and boring of rifles. He is nationally recognized as an expert in his field. Mr. Dorrier commended Mr. Spencer for his work. With no one from the public rising to speak, the public hearing was closed, and the matter placed before the Board. Motion was offered by Mr. Rooker to approve SP-2001-054. The motion was seconded by Mr. Dorrier. Roll was called, and the motion carried by the following recorded vote: AYES: Mr. Dorrier, Mr. Martin, Mr. Perkins, Mr. Rooker, Ms. Thomas and Mr. Bowerman. NAYS: None. Agenda Item NO.8. ZTA 2001-014. Civil Penalties. Public hearing on an Ordinance to amend ~ 37.2, Civil penalty, of Chapter 18, Zoning, of the Albemarle County Code, to add any violation of Zoning Ord ~~ 31.2.1,31.2.2 or 31.2.3, which regulate use & occupancy when building permits, certificates of occupancy, & zoning compliance clearances are required, respectively, to the schedule of violations subject to civil penalties; & to make non-substantive corrections to certain Zoning Ord section numbers cross-referenced. (Notice of this public hearing was advertised in the Daily Progress on January 28 and February 4, 2002.) Ms. Amelia McCulley, Zoning Administrator, was present to make the presentation. She said this proposal is to include as civil penalties, zoning violations involving construction without a building permit or occupying a structure without a certificate of occupancy or a zoning compliance clearance. She said that in June, 2000 the Board adopted an ordinance which provides for the imposition of civil penalties for certain zoning violations. Prior to that time, zoning enforcement was done entirely through the courts in a criminal procedure. The use of civil penalties has proven to be a more expedient means for penalty and compliance with common zoning violations. While violations such as use or setback violations could be resolved through civil penalties, the zoning violations relating to building and occupying without the proper permits remain as criminal violations. This proposed amendment will allow most common cases to follow the civil procedures. Less staff time is required on the average for an individual civil violation compared to a criminal zoning violation. Staff recommends that the Board adopt the ordinance as advertised. At this time, Ms. Thomas opened the public hearing. With no one from the public rising to speak, the public hearing was closed, and the matter placed before the Board. Motion was offered by Mr. Rooker, seconded by Mr. Bowerman, to adopt an Ordinance to amend Chapter 18, Zoning, Article V, Violation and Penalty, of the Code ofthe County of Albemarle, by amending Section 37.2, Civil Penalty. Roll was called, and the motion passed by the recorded vote which follows: