Index File
Application No. UP-902-18
Johnston’s Chimney Sweep, LLC
205 Fielding Lewis Drive (Route 1551)
Assessor’s Parcel No. 30-24-23
Application No. UP-902-18, Johnston’s Chimney Sweep, LLC: Request for a Special Use Permit, pursuant to Section 24.1-283(e) of the York County Zoning Ordinance, to authorize the establishment of a home occupation small contracting business office with two non-resident employees on a 0.3-acre parcel of land located at 205 Fielding Lewis Drive (Route 1551) and further identified as Assessor’s Parcel No. 30-24-23. The property is zoned R20 (Medium Density Single-Family Residential) and designated Medium Density Residential in the Comprehensive Plan.
Attachments:
• Staff Report
• Zoning Map
• Sketch Plan
• Floor Plan
• Proposed Resolution No. PC18-8 COUNTY OF YORK MEMORANDUM
DATE: March 2, 2018 (PC Mtg. 3/14/18)
TO: York County Planning Commission
FROM: Earl W. Anderson, AICP, Senior Planner
SUBJECT: Application No. UP-902-18, Johnston’s Chimney Sweep, LLC
ISSUE
Application No. UP-902-18 requests a Special Use Permit, pursuant to Section 24.1- 283(e) of the York County Zoning Ordinance, to authorize two non-resident employees in conjunction with the home office of a small contracting business operated as a home occupation on a 0.3-acre parcel of land located at 205 Fielding Lewis Drive (Route 1551) and further identified as Assessor’s Parcel No. 30-24-23. The property is zoned R20 (Medium Density Single-Family Residential) and designated Medium Density Residential in the Comprehensive Plan.
DESCRIPTION
• Property Owners: Jack B. Johnston et ux
• Location: 205 Fielding Lewis Drive (Route 1551)
• Area: 0.3 acre
• Frontage: Approximately 100 feet on Fielding Lewis Drive
• Utilities: Public water and sewer
• Topography: Flat
• 2035 Land Use Map Designation: Medium Density Residential
• Zoning Classification: R20 - Medium Density Single-Family Residential
• Existing Development: Single-family detached home
• Surrounding Development:
North: Single-family detached homes East: Single-family detached home South: Single-family detached homes (across Fielding Lewis Drive) West: Single-family detached home York County Planning Commission March 2, 2018 Page 2
• Proposed Development: Home office with two non-resident employees as a home occupation
CONSIDERATIONS/CONCLUSIONS
1. The subject parcel is located in the Brandywine subdivision and is surrounded on three sides by single-family detached homes and backs up to a six-acre parcel with a single-family detached home that fronts on Dare Road. The 0.3-acre parcel and the surrounding area are zoned R20 (Medium Density Single-Family Residential) and are designated Medium Density Residential in the Comprehensive Plan.
2. The applicant operates a chimney sweep business out of his home and intends to house the requested approximate 200-square foot office on the second floor above the existing attached garage (see attached floor plans). There would be no customer/client contact at the office. Two non-resident employees would work on the premises, one full-time office manager and one 35 hours per week administrative assistant. Pursuant to Section 24.1-283(e)(1) of the Zoning Ordinance, any home occupation with one or more non-resident employees requires a Special Use Permit.
3. Section 24.1-281 of the Zoning Ordinance specifies a series of performance standards that apply to home occupations in general. In accordance with these standards, home occupations are not permitted to occupy more than 25% of the floor area of a residence or 400 square feet, whichever is less, unless the Board authorizes a greater floor area in conjunction with a use permit application. According to the York County records, the home has 2,812 square feet of floor area, and the office contains approximately 200 square feet of floor area, or seven percent (7%) of the of the total floor area of the home.
4. In accordance with Zoning Ordinance Section 24.1-281(g), any demand for off- street parking which is in addition to spaces otherwise required for the residential use on the property (two spaces) must be located off the street on a suitably located and surfaced space. Two parking spaces would be required in this case, and with the existing two-car garage and driveway area (which can accommodate at least four vehicles) the property contains adequate parking area to serve the proposed use.
5. As there would be two non-resident employees on-site working almost full-time, the activity can be expected to generate four to eight vehicle trips per day, which would be in addition to the number of trips generated by the residence itself. (According to the Institute of Transportation Engineers Trip Generation manual, 8th edition, a single-family detached home can be expected to generate an average of approximately ten trips per day. The Board of Supervisors has approved other use permits for similar non-resident employees working in home offices and other home occupations of equal or greater intensity that have not generated any reported problems or complaints from surrounding neighbors with regard to traffic or any other aspects of their operation.
York County Planning Commission March 2, 2018 Page 3
6. The subject parcel does appear to fall under the jurisdiction of the Brandywine subdivision homeowners’ association. Regardless of any covenants that may be deeded, the County must evaluate the home occupation within the context of the Zoning Ordinance and its standards. The County cannot be a party to the enforcement of private covenants, and approval of a Special Use Permit will not relieve the applicant of any responsibilities for compliance with any such covenants.
RECOMMENDATION
The proposed engagement of two non-resident employees in the home occupation’s home office, provided that the activity is operated in the manner described by the applicant, will be consistent with the type and intensity of activity approved for several other home occupation situations and is not likely to have any adverse impacts on the surrounding area. Staff believes that the proposed conditions are sufficient to ensure that it remains a small-scale operation, consistent with the intent of the home occupation provisions of the Zoning Ordinance. Therefore, based on the considerations and conclusions as noted, staff recommends that the Planning Commission forward the application to the Board of Supervisors with a recommendation of approval, subject to the conditions set forth in proposed Resolution No. PC18-8.
EWA
Attachments: • Zoning Map • Sketch Plan • Floor Plan • Proposed Resolution No. PC18-8 APPLICANT Johnston's Chimney Sweep, LLC ZONING MAP Special Use Permit request for a home occupation small UP-902-18 contracting business office with two non-resident employees. APPLICATION NUMBER: 205 Fielding Lewis Drive RT. 1572 AM COURT OURT 73
RT. 621 OLD DA
RT. 644 RT. 773 OLD DARE ROAD
DARE ROAD R20 R20
PROVIDENCE LANE
KENMAR
RT. 1557 KENMAR DRIVE RT. 1558
ILIGLWSDRIVE LEWIS FIELDING
RT. 621
RT. 1556 H A
I
B L
S R
H A
A N WESLEY COURT
M D
Y P
W L
I PROVIDENCE LANE A
N E C E D R IV E RT. 1557 RT. 1559 ASHLEYCIRCLE
T 1551 RT. WHISPERING PINE DRIVE PINE DRIVE WHISPERING R20
RT. 1550 Property of JACK B
JOHNSTON ETUX
RT. 1552
BRANDYWINE DRIVE
CHADDS CIRCLE FIELDING LEWIS DRIVE
RT. 1551 RT. 1558
CLEMENTS LANE RT. 1554
T 1550 RT.
RT. 1780
RT. 1570
BRIGADE DRIVE HENRY LEE LANE
2 RT. 1553 9 7
. T
R
BRANDYWINE DRIVE
GAINESWAY
HENRY LEE LANE
R20
RC OLD LAKESIDE DRIVE
RT. 1550 RT. 1570 R20 1790 RT.
ANSWAYGAINES
^= Conditional Zoning 0 200 400 800 SOURCE: YORK COUNTY THIS IS NOT A LEGAL PLAT. Feet This map should be used for GIS PARCEL DATA and information purposes only. It is Printed on February 9, 2018 µ ZONING DATA not suitable for detailed site planning.
PC18-8
PLANNING COMMISSION COUNTY OF YORK YORKTOWN, VIRGINIA
Resolution
At a regular meeting of the York County Planning Commission held in York Hall, Yorktown, Virginia, on the ____ day of ______, 2018: ______
Present Vote
Montgoussaint E. Jons, Chair Robert W. Peterman, Vice Chair Glen D. Titus Donald H. Phillips Michael S. King Richard M. Myer, Jr. Bruce R. Sturk ______
On motion of ______, which carried ___, the following resolution was adopted:
A RESOLUTION TO RECOMMEND APPROVAL OF AN APPLICATION TO AUTHORIZE TWO NON-RESIDENT EMPLOYEES IN CONJUNCTION WITH A HOME OCCUPATION OPERATED ON PROPERTY LOCATED AT 205 FIELDING LEWIS DRIVE
WHEREAS, Johnston’s Chimney Sweep, LLC, Inc. has submitted Application No. UP-902-18 requesting a Special Use Permit, pursuant to Section 24.1-283(e) of the York County Zoning Ordinance, to authorize two non-resident employees to work in the home office of an existing home occupation based on a 0.3-acre parcel of land located at 205 Fielding Lewis Drive (Route 1551) and further identified as Assessor’s Parcel No. 30-24-23 (GPIN T06a-1245-4892); and
WHEREAS, said application has been forwarded to the York County Planning Commission in accordance with applicable procedure; and
WHEREAS, the Planning Commission has conducted a duly advertised public hearing on this application; and
WHEREAS, the Commission has carefully considered the public comments with respect to this application;
PC18-8 Page 2
NOW, THEREFORE, BE IT RESOLVED by the York County Planning Commission this the ___ day of ______, 2018, that Application No. UP-902-18 be, and it is hereby, recommended for approval to authorize two non-resident employees to work in the home office of an existing home occupation based on a 0.3-acre parcel of land located at 205 Fielding Lewis Drive (Route 1551) and further identified as Assessor’s Parcel No. 30-24-23 (GPIN T06a-1245-4892) subject to the following conditions:
1. This use permit shall authorize two non-resident employees to work in the home office of an existing home occupation based on a 0.3-acre parcel of land located at 205 Fielding Lewis Drive (Route 1551) and further identified as Assessor’s Parcel No. 30-24-23 (GPIN T06a-1245-4892).
2. The home occupation shall be conducted in accordance with the provisions of the York County Zoning Ordinance, Sections 24.1-281 and 24.1-283, except as modified herein.
3. The floor area of the office shall not exceed two hundred (200) square feet, and shall be designed as depicted on the floor plans submitted by the applicant and received by the Planning Division on January 31, 2018, a copy of which shall remain on file in the office of the Planning Division.
4. No person other than individuals residing on the premises and two non-resident employees shall be engaged in the home occupation on the premises.
5. A minimum of two (2) off-street parking spaces, in accordance with all applicable Zoning Ordinance requirements, shall be provided on the premises (i.e., not in the public street right-of-way) to accommodate the non-resident employees. These spaces shall be in addition to the two (2) spaces that are otherwise required for the single-family detached residence. No vehicles shall be parked on the paved surface of Fielding Lewis Drive.
6. Approval of this Special Use Permit shall not be construed to supersede or negate the effect and application of any private covenants that may be applicable to the proposed use/activity nor the authority of any property owners association to enforce compliance with any applicable covenants.
7. In accordance with Section 24.1-115(b)(7) of the York County Zoning Ordinance, a certified copy of the resolution authorizing this use permit shall be recorded at the expense of the applicant in the name of the property owner as grantor in the office of the Clerk of the Circuit Court prior to issuance of a Certificate of Compliance and Occupancy for the home office use.
BE IT FURTHER RESOLVED that this Special Use Permit is not severable, and invalidation of any word, phrase, clause, sentence, or paragraph shall invalidate the remainder.