STAFF PERSON:                                                                                    Rebecca Ragsdale

PLANNING COMMISSION:                                                                    March 1, 2005

BOARD OF SUPERVISORS:                                                                 April 6, 2005

 

SP 2004-056 MEADOWGATE FARM HOME OCCUPATION CLASS B

 

 

UPDATE: This report has been updated to reflect revised recommended conditions of special use permit approval.  A second condition (The number of employees, other than family members residing on the premises, associated with this home occupation shall not exceed two.) has been deleted from the staff recommendation section of this report. It was included in the version of this staff report provided to the Planning Commission. The condition of approval is not necessary as the supplemental regulations of Section 5.2.2 which govern home occupations specify how many employees may be permitted.

 

Applicant’s Proposal: The applicant is requesting approval of a special use permit for a Home Occupation, Class B to allow up to two employees to assist an author, the applicant. The employees would generally work normal office hours of 9 a.m. to 5 p.m. five days per week. The employees would work within the primary residence on the property and would not utilize any accessory structures. No alterations to the residence are proposed to accommodate the employees. 

 

Petition: SP 2004-0056 Meadowgate Farm-Home Occupation Class B: Request for a special use permit to allow a Home Occupation Class B with up to two employees for an office, in accordance with Section 10.2.2.31 of the Zoning Ordinance, which allows for Home Occupations Class B. The property is described as Tax Map 120, Parcel 22, contains 109 acres, and is zoned RA, Rural Area. The proposal is located at 7060 Esmont Farm, approximately .20 miles from the intersection of Route 715 (Esmont Road) and Route 719 (Alberene Road), in the Scottsville Magisterial District. The Comprehensive Plan designates this property Rural Area.

 

Character of the Area: The area immediately surrounding the site consists of fairly wooded parcels, some ranging in size from 100 to 300+ acres, with the Totier Creek Agricultural and Forestal District located less than a half-mile south of the Meadowgate Farm property.

 

Site History:  There is no history of previous planning or zoning applications on this property. The residence on the property was constructed in 1819. Land use of the property includes 26 acres of forestry use and 79 acres of agricultural use, according to County real estate records.

 

Comprehensive Plan: The Comprehensive Plan identifies this site and surrounding area as being located in the Rural Areas.  The Comprehensive Plan offers no specific policy regarding home occupations in the Rural Areas.  However, the level of intensity of the proposed use would not be incompatible with the character of the Rural Areas or be counter to stated goals in the Rural Areas.

 

The property is an identified historic resource in the Comprehensive Plan. It is listed individually on the State and National Registers and is also included as part of the proposed Southern Albemarle Rural Historic District. The Historic Preservation Planner reviewed this request and has not identified any adverse impacts to the historic resource.

 

Staff Comment: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance:

 

The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder.  Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property.

 

No detrimental impacts to adjoining properties have been identified. 

 

that the character of the district will not be changed thereby,

 

This home occupation would not result in any increased levels of activity on the site that would be inconsistent with the character of the area.

 

and that such use will be in harmony with the purpose and intent of this ordinance,

 

Staff has reviewed the purpose and intent as contained in Chapter18, Sections 1.4, 1.5, and 1.6 of the Albemarle Zoning Ordinance.  In the opinion of staff, the proposed use would not conflict with the purpose and intent as described in the Zoning Ordinance.

 

with the uses permitted by right in the district,

 

This use would not prevent by-right use of the adjacent properties.

 

and with the public health, safety and general welfare.

 

The public health, safety, and general welfare of the community are protected through the special use permit process, which assures that uses approved by special use permit are appropriate in the location requested.  Meadowgate Farm is located along two paved state Routes 719 and 715 (Alberene Road and Esmont Road). The Virginia Department of Transportation has indicated that the existing entrance to the site is adequate for the limited use proposed with this home occupation. There are adequate paved and gravel parking areas on the property for two employees. 

 

 with additional regulations provided in Section 5.0 of this ordinance,

 

Home occupation permits are governed by Section 5.2.2 of the Zoning Ordinance (Attachment C).  The applicant has not requested any modifications to the provisions of this section of the Zoning Ordinance.

 

Summary:

Staff has identified the following factors favorable to this application:

 

1.         There would be no additional traffic generated from this proposal than what would be considered normal residential traffic.

2.                  There would be no noise or lighting impacts on surrounding neighbors.

 

Staff has not found any factors that are unfavorable to this request. 

 

 

 Staff Recommendation:

 

Based on the findings contained in this staff report, staff recommends approval of SP 2004-056, subject to the following conditions:

 

1.      No accessory structures shall be used for this home occupation.

 

 

Attachments:

 

A.      Application

B.     Location Map

C.     Section 5.2.2
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