Albemarle County Planning Commission

June 23, 2009



Deferred Items:



SP-2008-00066 20 South Office Amendment

PROJECT: 2000800066 - 20 South (Amendment)

PROPOSED: Amend SP 200200022 (Home Occupation Class B) to allow three storage sheds for an existing catering business

ZONING CATEGORY/GENERAL USAGE:  RA Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots)

SECTION: 10.2.2 (31) Home Occupation Class B

COMPREHENSIVE PLAN LAND USE/DENSITY:  Rural Areas - preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources/ density ( .5  unit/ acre in development lots)


LOCATION:  1156 Roundtop Farm; east side of Rt. 20 Scottsville Road, approx. 1400 feet north of Rt. 708 Red Hill Rd.

TAX MAP/PARCEL: 102000000017E0


(Eryn Brennan)


Ms. Brennan presented a PowerPoint Presentation and summarized the staff report.


·         This application is to amend Special Use Permit 2002-22 to allow three storage sheds on the site for an existing catering business. The applicant was unaware that construction of additional sheds would require an amendment to the existing SP and has already constructed the sheds, so the applicant is seeking a retroactive approval.

·         The parcel, zoned Rural Area, is located in the Southern Albemarle Rural Historic District, and is surrounded by large residential farms and forests. The property is hilly and heavily forested in the north portion and along the west entrance drive; while the southern portion of the property, where the house and business structures are located, has been primarily cleared.

·         A special use permit, SP-2002-22, to allow a Home Occupation Class B for a catering business to operate on the site was approved on September 4, 2002. The catering business relies on local growers for its services and, therefore, supports agricultural uses in the Rural Areas, and promotes economic viability for a rural landowner, all of which are goals outlined in the Rural Areas section of the Comprehensive Plan.

·         The square footage of the all the sheds totals 440 square feet, and the area of the kitchen measured internally is 1,035 square feet. Therefore, the total area of all the structures associated with the Home Occupation, Class B does not exceed the maximum 1,500 square feet allowed.  Also, no plumbing or electrical wiring is associated with the storage sheds. The applicant has labeled one of the sheds as a “workshop” on the concept plan. In actuality, the space is used as a tool shed, and is only colloquially referred to as a workshop.


·         Staff has not identified any unfavorable factors in regards to this application and recommends approval with the following conditions.   In addition, Condition 1, Attachment C should read Attachment D.


Mr. Strucko invited questions for the Commission.


Mr. Edgerton asked how the three sheds came to staff’s attention.


Ms. Brennan replied that to her knowledge she was handed this case after the initial preliminary discussion.  She thought that the building inspector found it, but she was not sure.  She noted that the applicant’s could speak to it better.


Mr. Edgerton asked if there had been any response from the neighbors particularly those in the agricultural/forestal district, and Ms. Brennan replied that staff has not received any phone calls.


Ms. Joseph asked Mr. Kamptner how this relates to the decision made with the Belvedere properties if something is outside of the house.


Mr. Kamptner replied that what this applicant was doing is going from a Class A to a Class B home occupation.  That was the case in Belvedere. 


Mr. Cilimberg noted that it was a prior Class B special use permit and now they have come back essentially to amend it to include these extra structures.


Ms. Joseph asked if it was on the premises.


Mr. Kamptner replied yes, but that it was a different situation.  The applicant here is adding accessory structures to the use.  The issue in the Belvedere situation was where they had the primary house and the secondary dwelling with the home occupation taking place in secondary dwelling. 


Mr. Edgerton noted that in that case the original home occupation was in a structure that was not the residence. 


Mr. Strucko opened the public hearing and invited the applicant to address the Commission.


Pearson McCleskey, applicant, said that he did not have a presentation.  To address the question about how this came about, he pointed out that he informed the county of the presence of those sheds when he approached them to get permission to build a small office behind them. That idea has evaporated.  When he told the county where he wanted to place the office behind the three sheds this issue came up and brought him before the Commission today.  Therefore he told the county that the sheds were there innocently.


Mr. Strucko invited public comment.  There being none, he closed the public hearing to bring the matter before the Commission.


Motion: Ms. Porterfield moved and Mr. Edgerton seconded to approve SP-2008-00066, 20 South Office Amendment with the conditions recommended by staff, as amended to change attachment D as opposed to attachment C in the conditions.


  1. Special Use Permit SP 2008-66 20 South Office shall be developed in general accord with the concept application plan, provided by the applicant and received March 16, 2009 (Attachment D). However, the Zoning Administrator may approve revisions to the concept application plan to allow conformance with the Zoning Ordinance; 
  2. There shall be no on-site sales;
  3. There shall be no outdoor storage of materials;
  4. All requirements of the Health Department shall be satisfied;
  5. No additional outdoor lighting shall be allowed without an amendment to this Special Use Permit.


The motion passed by a vote of 7:0. 


Mr. Strucko said that SP-2008-00066, 20 South Office Amendment would go to the Board of Supervisors on a date to be determined with a recommendation for approval.


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