AGENDA TITLE: Edward P. Allen Home Occupation Class B, SP 2005-31



SUBJECT/PROPOSAL/REQUEST:  The applicant proposes to operate multiple businesses in S/F residential dwelling; four employees   



STAFF: Amy Ransom Arnold









APPLICANT / OWNER: Holly W. and Edward P. Allen


PROPOSAL: The applicant currently operates two businesses at 4746 Sugar Hollow Road (TM 41 Parcel 1B), employing a total of four people, which is in violation of the Zoning Ordinance.  The applicant proposes continuance of the Home Occupation, Class B with no more than two employees on site at any one time.  On rare occasions when more than two employees may be present, the applicant has offered to reduce the visibility of parking on site by arranging for off site parking.  The applicant has indicated that in addition to the activity associated with the businesses, they expect to receive a single UPS delivery per day. 


BACKGROUND: A Notice of Violation (2005-151) was sent to Mr. Allen on September 16, 2005 in response to a citizen complaint regarding increased activity on the property.  The businesses now in operation include the administrative and managerial aspects of an asphalt driveway coating service (equipment located elsewhere) and the design and production of real estate periodicals.  Business activities are confined within the house and include filing, answering / making phone calls, and computer aided graphic design.  The house includes 5,000 square feet under the roof with 3,200 square feet of finished living space, 1,000 square feet of which is dedicated to the Home Occupation.  The driveway and parking areas located near the house have been re-configured to allow for the parking of employee vehicles at the rear of the house (north side) away from Sugar Hollow Road towards Route 810. 



Staff has identified the following factors favorable to this application:


        1.    Support of small business activity in the County. 

        2.     Continuing support by the applicant of maintaining 8.723 acres of the property in the production of livestock



Staff has identified the following factors unfavorable to this application: 


        1.    Inconsistency with the definition of Home Occupation, Class B. 

           2.    Inconsistency with the purpose and intent of the Rural Areas ordinance. 

        3.      Inconsistency with the Rural Areas section of the Comprehensive Plan in terms of scale and intensity.

        4.    The impact of increased local traffic to and from the residential location on Rural Area roads. 

        5.      Increased presence of parked cars, above the quantity expected in a residential context, clearly visible
                from nearby Route 810. 

           6.    The inability of the County to confirm and enforce the numbers of employees on site at one time.


In order for staff to support this proposal, changes to the proposal were suggested to the applicant.  The applicant has responded to staff’s recommendations by re-stating his desire to pursue the application as submitted.


RECOMMENDATION: Based on the findings contained in this staff report, staff recommends denial of SP 2005-31 based on its inconsistency with the provisions of Section of the Zoning Ordinance, the purpose and intent of the Rural Area ordinance and the Comprehensive Plan.   


Go to staff report and attachments

Return to PC actions letter