SP 2006-019 Bionic Innovations, LLC (Sign #62)

PROPOSED:  Home Occupation, Class B for an orthotics crafting shop in a detached garage.

ZONING CATEGORY/GENERAL USAGE:   PRD, Planned Residential District, with Proffers : residential (3 - 34 units/acre) with limited commercial uses.

SECTION: 19.3.2 Home Occupations, Class B.

COMPREHENSIVE PLAN LAND USE/DENSITY:  Crozet Master Plan Neighborhood Edge CT3 - predominantly residential uses (net 3.5 -4.5 units per acre, 6.5 units per acre if accessory apartments added for 50% of the residential stock) in Neighborhood 7.


LOCATION:  1886 Clay Drive, Crozet, VA 22932, in the Waylands Grant subdivision, off of Jarman's Gap Road (RT 691), approx. 700 ft from the intersection of Crozet Ave (Rt 810).



STAFF:  Judith Wiegand


Ms. Wiegand summarized the staff report.


·         This is a special use permit for a Home Occupation, Class B.  It is proposed for a orthotics crafting business that manufactures braces and other kinds of supports for joints and muscles as needed.  It will be conducted in the detached garage for a single-family dwelling at 1886 Clay Drive, which is in Waylands Grant Subdivision in Crozet.  It is accessed off of Jarman’s Gap Road. 

·         Currently the applicants have a Home Occupation, Class A permit to conduct the same business in their basement, but have decided to expand the business into the garage. 

·         It has been reviewed by staff, including the Fire Marshall, and there have been no issues.  Staff is recommending approval with the conditions listed in the staff report. 


Mr. Joseph asked if there were any questions for staff.


Mr. Morris asked if there were any comments from neighbors.


Ms. Wiegand said that there have been no comments received from the neighbors. From several conversations with the applicant, she understood that the Kings have spoken with all of their neighbors and they are very comfortable with it.  In fact, he indicated that their neighbors offered to send in a petition or show up in support of the request if they were needed. But, the Kings told their neighbors not to come since there were no issues or problems. 


Mr. Craddock asked if there was no home owner’s association that says that they can’t have a Class B, Home Occupation.


Ms. Wiegand replied no, that there was not according to her knowledge.  She suggested that the Commission refer that question to Mr. King.


There being no further questions for staff, Ms. Joseph opened the public hearing and invited the applicant to address the Commission.


Kevin King, property owner and applicant, said that he would be operating the business with his wife.   They have a home owner’s association that is being transferred over within the up and coming year from the developer to the actual home owner’s association.  There are no stipulations in his copy of the by-laws against a Class B, Home Occupation.  He presented a demo consisting of a plastic leg cast of their products.  He said that they will be using plastics to mold around a plaster mold.  They will be using minimum machinery just to smooth up the edges and things like that.  It fills a small nitch in the medical community.  This business is in addition to what he does at the University.  He plans on retaining his position at the University and has already cleared everything with the University. 


Ms. Joseph asked if there were any questions for Mr. King.  She asked if they were mixing the materials to make the plastic.


Mr. King replied no.  The plastic is purchased in sheet form.  It is a thermal plastic. Basically it is heated up in an oven and formed around a mold.  They have to use a vacuum forming process.  They have a small vacuum pump that sucks air out of the plaster mold and sucks the plaster down.  Then they cut it off and finish it up. 


Ms. Joseph asked if the sheets of plastic were the only material stored on site.


Mr. King replied that was correct.   But, there will be some ankle joints and for longer leg braces they actually have to use metal knee joints.  Those are also purchased in a finished format, except the bar stock has to be cut.  They use a hack saw to cut that and then bend it up.  There is a drill press that he uses to drill the metal. 


Ms. Joseph asked if he had thought about hours of operation.


Mr. King replied that he and his wife were trying to do this as a side business.  There is not going to be a lot of noise that anybody would hear outside the garage.  The machinery would be contained in a small room on the first floor of the garage.  They have rubber dampening for all of the machines.   Everything that they have does not have near the noise level that their compressor for their home air conditioner has outside.  It is all confined in the garage in an insulated room.  They were going to be working around their small children’s pre-school schedule.  Obviously, they would not be working at 3:00 a.m., but they don’t have any set schedules.


Mr. Strucko said that the staff report says that they expect two deliveries per week.


Mr. King replied that was correct, but it might be more than they need.


Mr. Strucko asked what he expected would be the quantity.


Mr. Kings said that usually it would be two to three boxes delivered by UPS.  They would take anything shipped out to US Mail or UPS.


Ms. Joseph invited public comment.  There being none, the public hearing was closed and the matter before the Commission. The staff report says the Zoning Department limits the UPS to seven trips per week and the size was limited to 290 square feet.  She asked Mr. Kamptner if that was something that should be in the conditions of approval because it is in the application.


Ms. Wiegand noted that it was in the concept plan.


Mr. Kamptner said that the concept plan says that the garage is 290 square feet. 


Ms. Joseph asked if it was sufficient if that information is on the concept plan.


Mr. Kamptner noted that condition 1 would take care of that.


Ms. Joseph asked if the number of UPS trips per week should be limited since it is discussed in the staff report.   


Mr. Kamptner replied that it was Zoning Department’s rule of thumb to allow up to 7 trips per week. 


Ms. Wiegand said that Zoning considered that it was normal to have up to 7 trips per week.  Therefore, staff did not include a condition because the applicant said that there would only be 2 trips per week.  But, that is not actually shown on the concept plan.


Ms. Joseph said that is covered.


Mr. Strucko noted that Waylands Grant is very dense and houses are located very close to the sidewalks located right on the road.  If it is a major delivery truck they would probably have a tough time navigating.  It would be fairly disruptive.


Ms. Joseph said that she was just thinking about past home occupations when the UPS trucks start rolling in a couple of times a day or whatever that it has been a problem. That is all that she was trying to avoid. 


Mr. Edgerton suggested that the issue be addressed by referencing Attachment C concerning the concept plan. 


Ms. Joseph noted that if there was a complaint received, then staff could reference back to whatever was approved.  If it says no more than 7 trips a week, then it would be clear.  She suggested that condition to be added.


Mr. Zobrist requested to ask Mr. Kamptner a question.  There is a reference made to the homeowner’s association, which is not yet formed.  Assuming that there is a prohibition to a Home Occupation, Class B, he said that is probably with no moment to us because they are only looking for compliance with the Zoning Ordinance.  It would be up to the adjoining property owners to deal with it if that were the case.


Mr. Kamptner replied that was correct.  He assumed that restrictive covenants were recorded years ago.  The control is being transferred to the residents from the developers.


Mr. Zobrist said that if there was a restriction in the covenants it is not relevant to their review.


Mr. Kamptner replied that it would not.


Motion:  Mr. Strucko moved, Mr. Morris seconded, to approve SP-2006-019, Bionic Innovations, LLC, with staff’s recommended conditions, as amended, as stated:


1.       Special Use Permit 2006-19 shall be developed in general accord with the concept plan dated August 14, 2006, prepared by Kevin and Melissa King, and titled “Bionic Innovations, LLC” (Attachment B.) Important elements of the concept plan include the location of the garage with an indication of which parts of the garage will be used for the Home Occupation.

2.       The home occupation may not use both the basement and the garage facilities at the same time.

3.       There will be no employees other than members of the immediate family living on the premises.

4.       There will be no onsite sales or fittings of orthotic products.

5.       There shall be no more than seven (7) vehicle deliveries per week.


The motion passed by a vote of 7:0. 


Ms. Joseph stated that SP-2006-019, Bionic Innovations, LLC, would go to the Board of Supervisors on October 4 with a recommendation for approval.


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