COUNTY OF ALBEMARLE

PLANNING STAFF REPORT SUMMARY

Revised 9/13/06

 

Project Name:  SP2006-00019 Bionic Innovations 

Staff: Judith C. Wiegand, AICP

Planning Commission Public Hearing:

September 12, 2006

Board of Supervisors Public Hearing:

October 4, 2006

Owners: Kevin M. & Melissa J. King

Applicant: Kevin M. & Melissa J. King

Acreage: 0.1925 acre (9,280 SF).

Special Use Permit: A home occupation, Class B, to conduct an orthotics crafting business in a detached garage.  Sections 19.3.2 and 32.2.4.1 of the zoning ordinance apply to this proposal. 

TMP: TM 55D, Parcel 18

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). (See Attachment A. Location Map)

Existing Zoning and By-right use: PRD Planned Residential District – residential (3 – 34 units/acre) with limited commercial uses.  

Magisterial District: White Hall Magisterial District

Conditions: Yes

Proposal:  Kevin and Melissa King, who own the property, would like to operate an orthotics crafting business in a detached garage. (Attachment B.) Orthotics are devices that assist human motion. They are crafted from plastics and steel, based on molds shipped to the home. (See Attachment C.)

Requested # of Dwelling Units:  NA                           

 

DA (Development Area): X

RA (Rural Area)

Comprehensive Plan Designation: 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) .

Character of Property: The parcel subject to the Special Use Permit includes a single-family detached home and a detached garage behind the home.  

Use of Surrounding Properties: The subject property is surrounded on all sides by other residences within the Wayland’s Grant subdivision.

Factors Favorable:

1.   This home occupation will provide needed medical devices.

2.   The home occupation allows for the owner to live and work at home which reduces traffic.

3.   There will be no impacts on surrounding properties.

Factors Unfavorable:

There are no unfavorable factors.

 

RECOMMENDATION: Staff recommends approval with conditions.


 

PETITION 

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.

ENTRANCE CORRIDOR: No.

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).

TAX MAP/PARCEL:  55D-18.

MAGISTERIAL DISTRICT: White Hall.

 

CHARACTER OF THE AREA

This property is a single-family detached home with a detached garage to the rear, located in the Waylands Grant subdivision in Crozet, Virginia. The property is wooded to the rear of the garage, and backs up to the stream buffer at the back of the subdivision. There is a single-family detached home on each side of the subject property.

 

The Waylands Grant subdivision is surrounded by residential development—Grayrock Orchard is to the west and  Orchard Acres is to the north of the stream buffer behind the subject property. The 3.4 acre parcel east of Waylands Grant is owned by The Arc of the Piedmont and contains a single house.

 

SPECIFICS OF THE PROPOSAL

The applicants currently have a Class A Home Occupation permit to fabricate orthotics in the basement of their home. Orthotics are braces or supports for weak or ineffective joints or muscles, such as inserts in athletic shoes used to support a runner’s feet. The devices are crafted from molds shipped to the applicants via UPS or similar services. Various types of plastic, foam, and steel are used to create the orthotics. The applicants will then take the completed devices to a shipping depot, such as UPS. The applicants would like to expand the business and move it to the detached garage. The applicants use a small portable vacuum pump, a handheld oscillating saw, and a bench-mounted grinder with various finishing attachments. All of this equipment has rubber footings to dampen vibrations. All tools and materials will be stored entirely within the garage. A copy of information describing the home occupation that was supplied by the applicants for their Class A Home Occupation permit is included as Attachment C. Some of the machinery would be located in a 50 SF space on the ground floor of the garage and the rest of the business would be on the second floor of the garage (240 SF). A conceptual plan is included as Attachment B.

 

PLANNING AND ZONING HISTORY

The property was rezoned in 1992 (ZMA 1990-03) from  R-1 to  R-6,  with proffers for a 51-unit single family subdivision, after a court reversed a 1990 Board Decision.  Proffers included a conceptual layout as well as leaving a 100 foot stream buffer undisturbed.

 

In 1998, the property was rezoned from R-6 to Waylands Grant Planned Residential District, (ZMA 98-18) for up to 85 dwelling units and 4,000 square feet of professional offices.

 

During construction of this residence and several others in the subdivision, waivers were requested and granted by the Director of Planning and Community Development to allow encroachment of eaves in the side yard.  (See Attachment D.)

 

CONFORMITY WITH THE COMPREHENSIVE PLAN

The Crozet Master Plan allows home offices and live/work units in CT3, Neighborhood Edge locations; so, as  a use, a home occupation is in conformity with the Master Plan.

 

Since this proposal relates to an existing accessory building and no exterior changes are proposed or needed, a Neighborhood Model analysis is not provided.

 

STAFF COMMENT

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

 

31.2.4.1: Special Use Permits provided for 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,

The proposed orthotics crafting business is not expected to have any impact on the adjacent properties. There will be no noise, odors, vibration, lights, or glare resulting from the operation. All work will be performed inside the garage. The applicant has indicated that there will be no employees other than family members living in the home and that no customers or clients will come to the residence. All orders will be placed by mail, telephone, or e-mail. The only traffic to and from the home will be one or two deliveries by Fedex or similar services per week. The applicants have spoken with their neighbors, who have indicated their support for the home occupation.

 

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

There will be no change to the exterior of the home or garage, no signs, and no employees or clients coming to the property, so there will be no change to the character of the district from this home occupation.

 

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

The Planned Residential District, PRD, allows Home Occupations, Class B, by special use permit (Section 19. 3.2.5. One intent of PRD districts is “to promote economical and efficient land use.” Allowing home occupations means that a small business and a home can be located on the same property, thereby eliminating some road trips.

    

with uses permitted by right in the district,

Allowing a home occupation with no visible discernible impacts in a detached garage is viewed as compatible with the residential and other by-right uses in a Planned Residential District, PRD.

 

with the additional regulations provided in section 5.0 of this ordinance,

Section 5.2 of the Ordinance applies to Home Occupations, Class B. The following sections are of particular relevance to this proposal:

 

5.2.2.1.a. Such occupation may be conducted either within the dwelling or an accessory structure, or both, provided that not more than twenty-five (25) percent of the floor area of the dwelling shall be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both , devoted to such occupation, exceed one thousand five hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only in connection with home occupation, Class B;

 

The orthotics crafting business will be conducted in the detached garage. It will involve approximately 290 square feet, 50 SF on the first floor and 240 SF on the second floor. Information provided by the builder of the home indicates that it has 2,852 square feet of finished floor area. Thus, the 290 SF to be devoted to the home occupation is less than twenty-five (25) percent of the floor area (713 SF) and less than the 1,500 SF maximum.

 

5.2.2.1.b.Accessory structures shall be similar in façade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which located. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall not be used for any home occupation;

 

The detached garage was built with the same exterior material as the home and is in keeping with the general design of other homes and garages in the neighborhood. The buildings conform to setback and yard regulations for main structures in the Waylands Grant PRD.

 

5.2.2.1.c. There shall be no sales on the premises, other than items handcrafted on the premises, in connection with such home occupation;

 

The applicants have indicated that there will be no sales on the premises, only fabrication of the orthotics.

 

5.2.2.1.d. No traffic shall be generated by such home occupation in greater volumes than would  normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street;

 

The applicants have indicated that they do not expect more than two deliveries per week; the Community Development Department considers seven visits per week to meet this standard. There will be no employees other than family members living in the home, so no additional parking will be required.

 

and with the public health, safety and general welfare.

The Albemarle County building inspector has inspected the premises and has no objections. The location will be inspected by Fire Rescue personnel once it is in operation. The applicants have contacted Fire Rescue and are prepared to meet the requirements. There are no additional building, utility, or transportation requirements.

 

Staff believes that there will be no adverse impacts on the public health, safety or general welfare from this proposed home occupation.

 

SUMMARY

 

Staff has identified the following factors favorable to this application:

1.       This home occupation will provide needed medical devices.

2.       The home occupation allows for the owner to live and work at home, which reduces traffic.

3.       There will be no impacts on surrounding properties

 

Staff has identified no factors unfavorable to this application:

 

RECOMMENDED ACTION: 

Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2006-19 Project with the following conditions: 

 

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.       This Home Occupation, Class B, replaces Home Occupation, Class A (HO 2006-162).

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.

 

 

ATTACHMENTS

Attachment A – Location Map

Attachment B - Concept Plan dated August 14, 2006, prepared by Kevin and Melissa King, and titled “Bionic Innovations, LLC”

Attachment C – Description of the Home Occupation provided by the applicants

Attachment D – Letter signed by Wayne Cilimberg, dated June 11, 2003

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