04SN0279-Nov23.pdffi.t-bill. 1{} 299'!. CPC
November 23, 2004 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATIO~
04SN0279
Brace M. Gallagher
and
Ronda B. Gallagher
ClOver Hill Magisterial. District
5710 ~QUalla-Road
REQUEST: Conditional.Use to penrdta business in an.Agricultural (A) District.
PROPOSED LAND USE:
A lawn care contractor,s shop is currently, being.loperated on site.
PLANNING COMMISSION .RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONSON -
PAGE 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. 'The proposed zoning and land use fail to conform with the Central Area Plan which
suggests the request property is appropriate for'residential nse'of 1:0 to 2.5 dWelling
units per acre.
B. The proposed land use is incompatible with existing and future area deVelopment'.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER..
CONDITIONS. THE CONDITIONS NOTED WITH STAFF/C C .WERE AGREED UPONBY
BOTH STAFF AND THE 'COMMISSION: CONDITIONS :WITH-ONLY :A . AFF ~
Providing a FIRST CHOICE community.through excellence in'public' service -. _
RECOMMENDED SOLELY. BY STAFF. CONDITIONS. WITH ONLY A "CPC"ARE
ADDITIONAL CoNDmONS REcoMMENDED BY THE-' PLANNING CO~ssION;) ..
PROFFERED CONDITIONS'
(CPC) 1. This ConditionalUse shall be grantedto and for Bmee M. Gallagher and/or
Ronda B. Gallagher, exclusively, and shallnot be:transferable ormn withthe
(cpc) 2.
(CPC) 3..
(CPC) 4.
(CPC) 5.
(cpC) 6.
.Location:
The lawn care Contractor's shop shall be located within.the ~two (2) exiSting
detached accessory structures (garage structure: and Shed); There shalI be.no:
further additions' orexpansions to the existing bffil~gs toa~ommodate this
use. (P) ' ' ' . .
The lawn care contractor, s ·shop shall be permitted for. a maximin of
eighteen (18).mOnths from the date of approVal ~of this requeSt. :(P)
There shall be no si~s permitted to -identifY this use,' (P)
Hours of operation-shall be restricted to between 7 a,m. :and 7 p.m. Monday
through S~turday, No SundadoPerafionshall be permitted, (P)'
Except 'for a 40Osquare foot area used for mulch storage adjacent :t°~the
existing garage-and~ for storage within.the existingopen:earPort
attached'to.the garage, outside Storage:shall notbe .permitted.:
Existing Zoning:
Agdcmmr~ (A)
West line of Qualla Road, across from Stockport Driveandknown as 5'7110 Qualla.ROad. ~-
Tax ID 746-675-9350 (Sheet 1.6)..- ' . ' ~.. "'. .' '
Size:
2.0 acres
Existing Land Use: '
Single family dwelling andlawn care contractor's shop .~ ' ' : : ' ' '
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Adjacent Zoning and Land Use:
North, South and West -'A; Single family residential on acreage parcels or vacant
East- R-12 and A; Single family residential or vacant
UTILITIES
Public Water and Wastewater Systems:
This request will not impact thepublic water.and wastewater systems. The existingdwelling
-is connected to the public water system· and wastewaterdisposal, is proVidedby a private
septic system. · . -' '-
Private Well and Septic System: .
The Health Department must approve any new-. septic :system or expanded.usage of any
eXisting septic system to serve this-site.. .
ENVIRONMENTAL ~
Drainage and Erosion:
This request will have a minimal impact on drainage-and er°sion.
PUBLIC FACILITIES
Fire SerVice: ·
The' wagStaff Fire station~ CompanY Number 10, and-the ManeheSter VOlunteer ResCue-
Squad currentlY provide fire prOtection and' emergency meclicat Service.'_This request:will not'-
impact fire and EMS.
Transportationi.
The proposed business (lawn care service) will have a! minimal impaCt, on the existing
transportation network.
Comprehensive Plan: - · ·
The request lies within the boundaries ofthe CentralArea Plan which-suggests therequest
property is appropriate for residential use of 1.0 to2:5 dwelling units peracre;
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Area Development Trends:
surrounding properties' to the north, south and West are. zoned Agricultural (A)' and are
occupied by single family residential uses on acreage .parcels or are vacant. Properties to the
east are zoned Agricultural (A) and Residential: (R-12) and are occupied by single family
residential uses or are vacant. It is anticipated that residential use will continue in the area as
recommended by the Plan.
Zoning Histo~:
On April 5, 1995, the Board-of Zoning Appeals aPproVed a Special-Exception (Case
95AN0240) to permit the operati°n of a lawn care business incidental to a dWellingunit on
the request property subject to conditions 'relative re'transferability, a two (2) year .time
limitation, the number of employees, hours of operation,- delivery restrictions, signage, use
within the dwelling and group assembly.
On April 2, 1997, the BOard oflZoning ApPeals approvedrenewal of the Special Exception
(Case 95AN0240) to permit the operation of a lawn care business incidental m. a dwelling
unit on the request property(Case 97AR0186)~. With the.apProval of this ease, the:time
limitation for the Special Exception was increased.to seven (7) years: All Other conditions
remained.the .same as with Case 95AN0240. '
On. November 25, 2003, the Boardof SUpervisors, UPona favorable.,recommendationby the-
Planning Commission, amended the Zoning Ordinance to pennit~businesSes incidental tOa
dwelling unit on a parcel as a' c'Ondifional Use rather ~ ~'-a SPeCial ExcePfioni therefore
once the Special Exception (Case'97AR0186) eXpired, the business, if continued On the
property, would require approval'of aConditional-Use.
The applicants' original application filed on April. 16,. 2004, sought aCondifional lJse:to
permit the operation of a lawn: ¢~.e bnsiness inCidental-t0a-dwelling unit on the request
property.. The Zoning ordinance permits a businessincidental to a dWelling unit On a parcel
provided that the owner or:operator of the.business resides on-the-premises. Subsequent m
'filing the application' the a~piicants advised that.theyno long~ resided on .the ~eqUest
property and therefore werenotabnsiness incidental to a dwelling Unit as provided in-the
Ordinance. The application was.amended on August 25,2004,m request ConditionalUse:to
permit a lawn care business in an:Agricultural(A)DiStfietnot associated Within the existing
dwelling unit. According to the applicants, the existing dwelling unit is occupied, however
not by the owner or operator of the business.
Use and Time Limitations: . ~
The.applicants have operated: thetawn care eontraCtoFs shop on :the'request property for
approximately nine (9)' years asa' Special EXcepti°n:Should this .reqUest:be a~pr~ved,
Proffered Condition 3 would permit the continUed-use ofthe request property for a maximum
of eighteen (18) months.
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Hours of Operation:
To address concerns of area residems and the Clover Hill Planning Commissioner, Proffered
Condition 5 limits the permitted hours of operation.
Site Design:
'DevelOpment of the property must meet the minimum requirements for uses within the
Agricultural (A) District.
Proffered Condition 2 provides that the business will be conducted within the two (2)
existing detached accessory structures (garage :structure and shed) and no additions, or
alterations .will be permitted to accommodate the use..in addition, Proffered Condition 4
prohibits signs to identify the use. ~
To address concerns of area residents and the CloverHillPlanning-Commissioner, Proffered
Condition 6 establishes outside storage limitations.
CONCLUSIONS
The proposed land use fails to conform with the Central Area Plan which suggests the property is
appropriate for residential use of 1.0to 2.5 dwelling Units per acre. Further, the-use is incompatible
with existing and future area development.
Given these considerations, denial of this request is recommended,
CASE mSTORY
Applicant (10/14/04):
Revised and additional proffered conditions were submitted.
Planning Commission Meeting ( 10/19/04 ):
The applicant did not accept staff's recommendation~ but did accept the Commissioner's
recommendation. There was no opposition.present
On motion of Mr. Gulley, seconded by Mr. Bass, the CommiSSion recommended approVal
and acceptance of the proffered conditions on page 2.
AYES: Unanimous.
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The Board of Supervisors, on Tuesday, November 23, 2004} beginning at 7:00 p~m., will take Under
consideration this request.
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