COUNTY OF ALBEMARLE

PLANNING STAFF REPORT SUMMARY

 

Project Name:  SP2008-00021 Co-Construct, Home Occupation, Class B 

Staff: Judith C. Wiegand, AICP

Planning Commission Public Hearing:

August 12, 20008

Board of Supervisors Public Hearing:

Not yet scheduled

Owners: Donald E. & Louise J. Wyatt

Applicant: Donald E. Wyatt

Acreage:  0.142 acre .

Special Use Permit:  A home occupation, Class B, to permit no more than two employees. Sections 19.3.2 and 32.2.4.1 of the zoning ordinance apply to this proposal. 

TMP: TM 55D, Parcel 49

Location: 1814 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)

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

Magisterial District: White Hall

Conditions: Yes

Proposal:  Donald Wyatt has an internet-based subscription project management software business for which he would like to add two (2) employees in his home.

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 one-half of a duplex townhouse. Employee parking is provided in the driveway in front of the home.  

Use of Surrounding Properties: The subject property is surrounded on three sides by other residences within the Wayland’s Grant subdivision. On the fourth side, the property backs up to property owned by The Arc of the Piedmont.

Factors Favorable:

1.      This home occupation provides a useful  service to home builders and remodelers.

2.      Allowing the owner to have up to two (2) employees will offer employment to two people.

3.      There will be no impacts on surrounding properties.

Factors Unfavorable:

There are no unfavorable factors.

 

RECOMMENDATION: Staff recommends approval with conditions.


 

STAFF PERSON:                                                             JUDITH C. WIEGAND, AICP              

PLANNING COMMISSION:                                          AUGUST 12, 2008                                 

BOARD OF SUPERVISORS:                                          Not scheduled

 

SP 2008-021 Co-Construct Home Occupation, Class B

 

PETITION 

SP-2008-21 Co-Construct

PROPOSED: Home Occupation, Class B to allow up to 2 employees associated with a internet-based home business

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:  1814 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-49

MAGISTERIAL DISTRICT: White Hall.

 

CHARACTER OF THE AREA

The parcel subject to the Special Use Permit is located in the Waylands Grant subdivision in Crozet, Virginia. It includes one-half of a duplex townhouse, with other duplex townhouses to the north and south. Single family detached homes are located across the street (to the west). Parking for the home is provided in the garage and in the driveway in front of the home.

 

SPECIFICS OF THE PROPOSAL

The homeowner now operates an internet-based business under a Home Occupation, Class A permit. The business is a web-based project management software that is designed to serve custom builders, semi-custom builders, and high-end remodelers. It sells subscription access to its website, which clients can use to share information about change orders, scheduling, expense tracking, and similar items. Because the business is growing, the owner would like to add up to two (2) employees. The two employees would park offstreet in the driveway and would be at the property during regular business hours of 8:00 am to 6:00 pm, Monday through Friday. The company’s sales are completed online and on the telephone, so there will be no customer visits to the property and no signs are proposed. 

 

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.

 

On January 14, 2000, the Board of Supervisors approved SUB 1999-303 for up to 49 lots of attached or detached housing.

 

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.

 

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 residence in an existing development that includes some Neighborhood Model principles and no physical 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 existing business is conducted over the internet and the telephone, so no impact is expected on any of the adjacent properties. There will be no noise, odors, vibration, lights, or glare resulting from the operation. All business will be conducted inside the home. The applicant has indicated that there will be no more than two (2) employees other than family members living in the home and that no customers or clients will come to the residence. The applicants have spoken with their neighbor who owns the other half of the duplex. A letter from the neighbor indicating their support for the Home Occupation is included as Attachment B.

 

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

There will be no change to the exterior of the home; no signs will be used, and no customers/clients will come to the home. The two proposed employees will have offstreet parking. So, no change to the character of the district is expected 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. Two additional vehicle trips per day are expected.

    

with uses permitted by right in the district,

Allowing a home occupation with no discernible impacts 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 web-based business will be conducted in the home. The owner has indicated that not more than 500 square feet of the 2,944 total square feet in the residence will be used for the business. Thus, the 500 square feet to be devoted to the home occupation is less than twenty-five (25) percent of the floor area (736 square feet) and less than the 1,500 square foot 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 business will be conducted in the home, not in an accessory structure, so this requirement does not apply.

 

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 applicant has indicated that there will be no in-person sales on the premises; the only sales will be over the internet and telephone.

 

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 applicant has indicated that the proposed two employees will have offstreet parking. They may also live in the area, possibly even within walking distance. So, an additional two vehicle trips per day are expected.  

 

and with the public health, safety and general welfare.

 

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 provides a useful  service to home builders and remodelers.

2.       Allowing the owner to have up to two (2) employees will offer employment to two people.

3.       There will be no impacts on surrounding properties.

 

Staff has identified no factors unfavorable to this application:

 

RECOMMENDED ACTION: 

Staff recommends approval of Special Use Permit 2008-021, with the following conditions: 

 

1.       This Home Occupation, Class B, replaces Home Occupation, Class A (HO 2005-00260).

2.       There will be no more than two (2) employees, other than members of the immediate family living on the premises.

3.       The Home Occupation will not use more than 500 square feet of the home at 1814 Clay Drive.

4.       There will be no customer/client visits.

 

 

ATTACHMENTS

Attachment A – Location Map

Attachment B – Letter from adjacent owner in support of home occupation, dated July 3, 2008


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