16SN0736
CASE NUMBER: 16SN0736
APPLICANT: Jacqueline S. Tomlin
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: MATOACA
10446 River Rd
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
OCTOBER 26, 2016
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
JACQUELINE S. TOMLIN
(840-731-2302)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANT’SREQUEST
Conditional use planned development to permit a business (fortune teller) incidental to a
dwelling in an Agricultural (A) District.
Afortune teller business, incidental to a dwelling, is currently operatingwithout the requisite
zoning. Approval of this conditional use planned development would bring the use into
compliance with the Ordinance.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Conditions that are acceptable to the applicant are located in Attachment 1.
RECOMMENDATION
PLANNING RECOMMEND APPROVAL
COMMISSION
(9/20/2016)
RECOMMEND APPROVAL
STAFF Conditions will address potential impacts of use on adjacent
properties.
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
PLANNING -
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan
Classification: RESIDENTIAL AGRICULTURAL
The designation suggests the property is appropriate for up to a maximum of 0.5 dwellings per acre.
Map 3: Surrounding Land Uses & Development
Hickory Road
Single-family Single-family
Residential Residential
Chesdin Park
Subdivision
River Road
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PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
PROPOSAL
The applicant has been operatinga business (a fortune teller business)from this property since
2006 without the required zoning. Through the process of obtaining a business license earlier this
year, the applicant was advised that a conditional use planned development is required to permit
a fortune teller business as a business from the home. In addition to a business license from the
Commissioner of the Revenue Office, a fortune teller business must also obtain a permit from the
Chesterfield County Police Department. This license and permit would be pursued by the applicant
if zoning approval is obtained.
The applicant’s fortune teller business is located inside her home. No clients come to the
applicant’s home for services. Services are generally provided to clients through internet or
telephone communication, with some intermittent service provided to clients through visits to the
client’s home. The applicant states that most of her clients live in different states or countries.
A business from the home, a use permitted with restrictions, does not permit a business use that
requires further conditional zoning approval. In this case, a home based business that offers
fortune teller services is not permitted since the use requires conditional use approval as a
standalone business in an Agricultural (A) District. Therefore, conditional use planned
development must be obtained to permit a use exception for this type of business to be operated
from the home.
The following provides an overview of conditions recommended by staff to minimize the impact of
the use on area properties:
General Overview
Requirements Details
Limited to the applicant only
Ownership
Condition 1
Limited to afortune teller business, incidental to a
Use
dwelling
Condition 2
5 Years
Time Limit
Condition 3
Confined to theexisting dwelling only
Location of Use
Condition 4
No employees
Employees and Clients
No clients
Condition 5
Prohibited
Assembly & Group Instruction
Condition 6
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General Overview(Continued)
Requirements Details
One (1) vehicle, not to exceed 10,000 pounds and two (2)
Equipment/Vehicles for Business axles, shall be parked on the property
Condition 7
None permitted
Signage
Condition 8
As conditioned, the use wouldfunction similarly to a permittedhome occupation (such as a home
office) that would not adversely affect area properties.
PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Phillips Fire Station, Company Number 13
EMS Facility The Ettrick-Matoaca Volunteer Rescue Squad
This request will have minimal impact on Fire and EMS.
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
anticipated traffic impact of the proposal has been evaluated and it is anticipated to be
minimal.
VIRGINIADEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT has not comment on this request.
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Theproposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing LineConnection Required by County Code?
Serviced?
Water Yes 16”Yes
Wastewater No N/A No
Additional Information:
The proposed request will not impact the public water and wastewater systems.
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov
Environmental Engineering has no comment on this request.
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CASE HISTORY
Applicant Submittals
7/30/16 Application submitted
Community Meeting
8/8/16 Issues Discussed
The District Commissioner, applicant and staff attended this meeting. No
citizens were in attendance.
Planning Commission Meeting
9/20/16
Citizen Comments
Nocitizens spoke to this case.
Commission Discussion
Dr. Wallin noted that a community meeting was held for the applicant’s
request and that no opposition was present at the meeting.
Recommendation – APPROVAL AND SUBJECT TO THE CONDITIONS
IN ATTACHMENT 1
Motion: Wallin Second: Freye
AYES: Wallin, Sloan, Frye, Jackson and Jones
The Board of Supervisors on Wednesday, October 26, 2016, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT 1
CONDITIONS
Note:
The following conditions were recommended by both staff and the Planning Commission
1. Non-Transferable Ownership: This Conditional Use approval shall be granted exclusively to
Jacqueline S. Tomlin, and shall not be transferable with the land. (P)
2. Use: This Conditional Use approval shall be for the operation of a fortune teller business,
incidental to a dwelling. (P)
3. Time Limitation:This Conditional Use shall be granted for a period of five (5) years. (P)
4. Location of Use: The use shall be confined to the existing dwelling. (P)
5. Employees and Clients: No employees shall be permitted to work on the premises, other
than family member employees that live on the premises. Noclients shall be permitted
on the property. (P)
6.Assembly & Group Instruction: Assembly or group instruction on the premises shall be
prohibited. (P)
7.Equipment/Vehicles. No more than one (1) vehicle associated with the business shall be
parked on the premises. The vehicle shall not exceed 10,000 pounds or have more than
2 axles. (P)
8. Signage: There shall be no signs identifying this use. (P)
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