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Home My WebLink AboutHO201700037 Application 2017-08-22FOR OFFICE USE ONLY Fee Amount Date Paid By who? 111 Receipt # _L7 Ck# By:� Application for Major Home Occupation Clearance' (Only for parcels in the Rural Areas Zoning District) .a �> ® Major Home Occupation Clearance = $27.00 + applicable fees Home Occupation, Major: An occupation, not expressly prohibited by section 5.2A, 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. Applicant MUST HAVE the following information to apply: 1) x p and Parcel Number (or Address) and a description of the Home Occupation. oor Plan Sketc on the next page with the following: a) The tot quare footage of the dwelling; b) Th quare footage of area within the home being used for the occupation note this cannot be more than 25% of the gross square footage of the dwelling). I plicable, a survey, plat, or aerial map showing accessory structures and parking associated with the home occupation. The GIS Web enables easy viewing and printing of aerial mans. Name of Business: k e- Jy T v r; P. Jt Type of Business: yd I r,, sj C k r r Tax map and parcel: �/ 5 0 c7 0 oo ` 00 — oel-Do / J Contact Person (Who should we call/write concerning this project?): _J_e_ GL V11.1.4fi►r tt Address 7 C) . Yj 0 jL G 3 City -VI Statey, + Zip l Z Daytime Phone( 3..y`` , 3 Fax # �_� J E-mail t C� � �y L �� Q YY`-c" t Owner of Record Address T. yL� 40 J i n ��E t. J I' City ��y y r State ' \ Zip Z ` l ( ✓ Daytime Phone t1�3� ) 3 � " S'( I Fax # E-mail � k� . C+ C ct CM' eitl • e 0_r_� DESCRIPTION OF USE (If necessary, attach an additional sheet. Include information about the number of vehicles and number of employees associated with the use, hours of operation, use of accessory structures, etc.): Ill. IS II �;� scuu 5ci1� whl-h �{ � m <JIo,sSee . C'�G � '� ciVt�� eUuPif A_ JJ 5i /r..�_ C � d 0 �r} �iA�7^.(,l_ �'tf t pev t7 '� e- �t •1^ w � Ck�7-(ti L�>� - Q� C Q_ t j t ' j'�''t� i 1 ✓ �i. � c " County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 11/1/2015 Page I of4 Each major home occupation authorized in the Rural Areas zoning district is subject to the following: PLEASE CHECK EACH BOX SO THAT IT IS CLEAR THAT YOU HAVE READ AND UNDERSTAND THE REQUIREMENTS FOR THIS CLEARANCE ® LOCATION & AREA This 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 occFation do not count toward the one thousand five hundred (1500) square feet limitation. [Section 5.2A (b) (1)] EXTERIOR APPEARANCE There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of the 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. [Section 5.2A (c) (1)] I�(VISITORS & SALES Customers, clients and students are permitted to visit the property where the home occupation is conducted. Only goods that are hand-crafted on -site and goods that are directly related to the home occupation, including but not limited to tools for pottery making and frames for artwork are permitted to be for sale to customers who comes to the site. [Section 5.2A (d) (1)] TRAFFIC The traffic generated by the home occupation shall not exceed ten (10) vehicle round trips per day or more than thirty (30) vehicle round trips per week. For the purposes of this section, a "vehicle round trip" means one vehicle entering and exiting the site. [Section 5.2A (e)] LJ PARKING All vehicles used in the home occupation and all vehicles of employees, customers, clients or students related to the home occupation shall be parked on -site. [Section 5.2A (f)] OUTDOOR STORAGE The storage of goods, products, equipment other than vehicles used in the home occupation, or any materials associated with the home occupation, other than natural landscaping materials such as mulch and plants, outside of an enclosed structure is prohibited. [Section 5.2A (g)] ICJ HOURS OF OPERATION The home occupation 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. [Section 5.2A (h)] 01�NUMBER OF VEHICLES The number of vehicles that may be used in the home occupation that are parked or stored on -site shall not exceed two (2) motor vehicles and two (2) trailers. [Section 5.2A (i)] NUMBER OF 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. [Section 5.2A (j)] County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 11/1/2015 Page 2 of4 PERFORMANCE STANDARDS The home occupation shall comply with the performance standards in section 4.14. [Section 5.2A (k)] Does the use involve procedures, machinery Or chemicals that may cause the following? YES NO NOISE VIBRATION GLARE HEAT AIR POLLUTION WATER POLLUTION RADIOACTIVITY ELECTRICAL DISTURBANCE NON -DOMESTIC WASTE DISCHARGED TO A SEPTIC FIELD OR SEWER If YES, then applicable standards must be addressed with a Certified Engineer's Report (available from staff). PROHIBITED USES (1) any use requiring a special use permit under section 10.2.2 (10) shooting ranges (2) animal rescue centers (11) commercial stables (3) automobile graveyards (12) rummage or garage sales other than those (4) restaurants determined by the zoning administrator to be occasional (5) storage yards (13) veterinary clinics or hospitals (6) gun sales, unless the guns are made on -site by one or more (14) pyrotechnic (fireworks or bomb) device family members residing within the dwelling unit manufacturing or sale (7) on -site pet grooming (15) Any other use not expressly listed that is (8) body shops determined by the zoning administrator to be contrary to (9) equipment, trailers, vehicles or machinery rentals the purpose and intent of section 5.2A. [Section 5.2A (1)] �J NOTIFICATIONS & INSPECTIONS Written notice that an application for a zoning clearance for a major home occupation has been submitted will be sent to the owner of each abutting parcel under different ownership than the parcel on which the proposed home occupation would be located. The notice will identify the proposed home occupation, its size, its location, and whether there is a request for a waiver or modification. 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. In addition, a public notice sign will posted on the property for the duration of the review. [Section 5.2A (n)] [?�SIGNAGE One sign that does not exceed four (4) square feet in sign area and only states the name of the person occupying the dwelling and identifies the product or service offered by the home occupation is permitted. No additional permit is required for this sign, however, it must not exceed 6 ft. in height and must be setback at least 5 ft. from the public road right-of-way. [Section 4.15.2 (25) and 4.15.81 d ADDITIONAL IMPROVEMENTS AND REVIEWS FROM OTHER AGENCIES A zoning clearance shall not be issued if, after review of any site, additional improvements are necessary to protect public health or safety. [Section 31.5 (c)] Other state and local resources, including but not limited to the Health Department, Virginia Department of Transportation, Building Official, and County Engineer are commonly asked to comment on Home Occupation applications. County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 11/1/2015 Page 3 of4 AREA WAIVERS OR MODIFICATIONS MAY BE SOUGHT ONLY FOR THE FOLLOWING: 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. [Section 5.2A (m) (1)] 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. [Section 5.2A (m) (2)] REVIEW PROCESS AND ADDITIONAL FEES WITHO T WAIVER REQUEST ($27 + notice fees) WITH A SPECIAL EXCEPTION ($27 + $45 notice fees �Ir.�ub't Home Occupation application ($27). 1. Submit Home Occupation applicati and Waiver ill review for completion and mail abutting application ($25 + $457). owner notification (Fee varies based on number of 2. Staff will review for comple ' n and mail abutting le rs). owner notification (Fee ies based on number of taff will visit property to post public notice sign, letters). revie arking areas, proposed location of sign, and 3. Staff will visit pr erty to post public notice sign, rage areas (if applicable). review parkin Teas, proposed location of sign, and Staff will approve application if requirements have storage are if applicable). been met and pick-up 1gn. 4. Staff w' coordinate date of next available Planning Co lssion meeting to process special exception 5. S f will approve application if requirements have een met and pick-up public notice sign. Owner/Applicant Must Read and Sign I hereby apply for approval to conduct the Home Occupation identified above, and certify that this address is my legal residence. I also certify that I have read the restrictions on Home Occupations, that I understand them, and that I will abide by them. This certificate, in conjunction with a business license, represents zoning approval to conduct the Major Home Occupation identified above. Signature of Applicant Date Other Official Date Building Officia Date he?v/' Zoning Official Date ENGINEER'S RE RT ATTAC ED: YES NO CONDITIONS: County of Albemarle Department 401 McIntire Road Charlottesville, VA 22902 Voice . � ova of Community Development :(434)296-5832 Fax: (434) 972-4126 11/1/2015 Page 4 oN 0U1"6A,kjtV- V16kS June 7, 2017 Proposal for The Ivy Yoga School n sakt�� I o c�.h- V7 '( The school will be located in the pre-existing structure so no building or renovations will be needed. The school will be meeting once a month for 10 months with approximately 6 participants. na6Z) � Private Yoga lessons will be taught at the home (approximately 4x a week) The home is located next to a Vineyard so the entrance to the school is zoned commercial already so no road improvement will be needed. Traffic will be minimal- approximately 4 extra trips (excluding mine) to and from property each week for Private lessons and approximately 12 once a month for the Training. People will not be making more than one trip a day. Once on site, they remain for the training. The trips to and from the site will not be during peak traffic times. The parcel is partly wooded and open field. There are no other residences close by that would be impacted by traffic. There will be no extra noise. V76_"�' 'M_1111� Swa (o (aha rn.� e(#� s I U' � FLOORPLAN SKETCH Client: Jennifer & Thomas Elliott File No.: 15-11-019A Property Address:1042 Owensville Rd Case No.: Citf. Charlottesville State: VA Zip: 22901 •' � ta. .r t` LI sq 0 9� SiUcti !� 1421 Sachem Place. Suite 1. Charlottesville. VA 22901 Phone: 434-97;-6640. Fax: 434-975-6641 A) 1139ff1 STORYIBSM 26 B) 39ft2 1 STORY C) 291W 1 STORY 7 H D) 84W POB 27 5 E) 361ft' PBD 10 F) 70W POB G) 280W PAB H) 182W WDC 14 1) 270W POW J) 270W PAC 27 J 1 27 275 18 40 40 14M 11 7 6 12 13 7 D 7 14 E12 13 C 12 13 16 13 25 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 July 11, 2017 RE: HO 2017-37 Tax Map 58 Parcel 821); The Ivy Yoga School Albemarle County has received a request to establish a Major Home Occupation on the parcel listed above. Per Section 5.2A(n) of the Zoning Ordinance, you are receiving this notification because you are the owner or agent of abutting property or property immediately across the street from the site under review. The location of the site under review is shown on the attached vicinity map. This request is to conduct a home occupation for yoga instruction within the existing dwelling at 1400 Owensville Road. Approximately 400 square feet of the home would be used for yoga instruction. No waiver or modification has been submitted with this request. The County will not take action on this request until at least five days after the date of this letter. We invite any comments, questions, or concerns you may have about this proposal. All information related to this request is available for review in the Department of Community Development during normal business hours (8 a.m.-5p.m., Mon -Fri). To assure the information is ready for your viewing and to allow staff to be available to help with any questions, we encourage you to schedule an appointment. Please contact Rebecca Ragsdale at (434) 296-5832, ext. 3226 or ragsdale@albemarle.org for additional information. Sincer ly, ebecca Rag "Seniorr Zoning Services ELLIOTT, THOMAS A OR JENNIFER MERIWETHER SPRINGS REAL ESTATE 1400 OWENSVILLE RD HOLDINGS LLC CHARLOTTESVILLE VA, 22901 P O BOX 117 IVY VA, 22945 0" %\ C, iNi i JL�l 4 t 60S N ------ 9z '.gex R. 96, go. ZON v 3:)N3A 3UIM' n w 6" 6p,. EON % F- Z 0 w N uj 00 CL CC C6 F- 04 UJ C\J C\l 2 W z co w w g MO Z OD a: 00 z uj _j U) cr OD W W LU D wucjuu 05; D IL Ljj F_ Z I a. 0 0 < gg N F- 0 <-Jodo Cog (no Q< w pp w 6e ZL)Z-JZLU - LL 0 LL III cr 0 Lu 0 0 Rd >- CL Cc Cc a: < Z 0 < a:(Do<ouj<wm Q) W 1� 1. yQ <ZIL (La)- �-Uj CL WE z z . . . C Q_ 0 < F-00< Q o `i I E ¢ rt ol E < Z t i tz -.HL L hU p pki U,i R.M6 V.-m V man U'S LL"�M M p n n_d linuO°mo."., lc� cd Et R" c.) o O _L t -11* 1. H . ?i "8 - , � �; -,- , 5- �v 1. 1 MR. - Ul'� ,!� 4 oWn my V e R I 12 C Zu ,l9g;-,- 00, A L Ls. bi k!"C" W iii R 11XI 1� 01 RR LJ Cc N, a 211 1 !3 O z 12 ;,� WHIN dmpm ONS IL F z County of Albemarle Department of Community Development Memorandum To: Community Development Staff Working with Home Occupations and Private Schools From: Amelia McCulley, Zoning Administrator Date: June 27, 2017 Subject: Advisory Determination — Distinction between Home Occupation and Private School It is not uncommon for an applicant to propose group instruction from their home. We have frequently discussed whether this proposed use is a home occupation or a private school. The purpose of this memo is to provide an advisory determination on how to make that distinction, recognizing that the facts of a particular case may warrant additional criteria on a case -by -case basis. We may need to undertake a zoning text amendment in the future to specifically address this question. It is my advisory opinion that instruction in the home that involves either or both of the following conditions would not be considered a home occupation but instead require a special use permit for a private school: 1. Instruction is given by instructors who are not members of the family residing on the property. Instruction provided by multiple instructors becomes more of an institution of instruction (see definition of private school). Members of the family residing on the property are not considered employees for the purpose of a home occupation. AND/OR 2. Traffic generation that exceeds the allowance for a major home occupation, or 10 vehicle round trips per day or 30 vehicle round trips per week (§ 5.2A (d)). While this traffic limitation currently exists in the Zoning Ordinance for home occupations in the Rural Areas (RA), for the purpose of this advisory determination, it would also be applied to home occupations in other zoning districts because there are insufficient grounds for differential treatment. Background Private Schools The Albemarle County Zoning Ordinance definition of "private school' was amended 10-3-01 (see below). At that time, the distinct uses of "school of special instruction" and "technical and trade school' were repealed and the definition of private school was broadened to also include them. The current broadened definition of private school includes instruction in all subject matters as well as a school that results in credits towards high school graduation requirements. A private school is a use by special use permit in the RA district and the residential districts. § 3.1 Definitions states: Private School: An institution of instruction not established and maintained at public expense, including colleges and universities, and those institutions providing art, culinary, cultural, drama, music, technical or vocational education or training. The uses identified in this chapter as "school of special instruction" and "technical and trade school' are private schools, except that in any zoning district where a private school is permitted by right, and a technical and trade school is permitted only by special use permit, those uses shall be separate. (Amended 10-3- 01) June 27, 2017 Advisory Determination — Distinction between Home Occupation and Private School Page 2 Home Occupations The regulations relating to home occupations in the RA prohibit a use by home occupation that is a use by special use permit {§ 5.2A (1)). The regulations for home occupations in zoning districts other than RA explicitly state that private schools are prohibited home occupations {§ 5.2 (h) (5)). In addition, the definitions for all tiers of home occupations allowed in RA and residential districts include the following language: "an occupation, not expressly prohibited by section 5.2" (home occupation class A and home occupation class B for residential districts) and "an occupation, not expressly prohibited by section 5.2A" (minor home occupation and major home occupation for RA district). This language reinforces the fact that approval of a use by home occupation is not permitted to circumvent the requirement for a special use permit. When the RA home occupation regulations were amended 1-12-11, references were added to "students" in §5.2A (d) Visitors and sales and §5.2A (f) Parking. As a result, staff has allowed group instruction in conjunction with a home occupation. While the home occupation regulations in §5.2 were not changed for districts other than RA to refer to students, for the reasons previously stated, because there is no evidence of a different legislative intent and for consistency, the criteria within this determination are applicable also to the residential districts. Summary This advisory determination strengthens the distinction between instruction -related home occupations and private schools. It creates two impact -related measures to easily identify home -based private schools: 1. Instruction is given by instructors who are not members of the family residing on the property, and/or 2. Traffic generation that exceeds the allowance for a major home occupation or 10 vehicle round trips per day or 30 vehicle round trips per week. If either or both of these two measures apply, an instruction -related application is not eligible for a home occupation permit, and must pursue a Special Use Permit