18SN0837
CASE NUMBER: 18SN0837
APPLICANT: Stephen Louderback & Cecelia LePage
CHESTERFIELD COUNTY, VIRGINIA
DALE DISTRICT
NALYSIS
AND RECOMMENDATION
Board of Supervisors (BOS) Hearing:
NOVEMBER 14, 2018
BOSTime Remaining:
365 DAYS
Applicants Contact:
STEPHEN LOUDERBACK (804-539-8978)
CECELIA LEPAGE (804-796-5921)
Planning Department Case Manager:
0.3 Acre 9903 Husting Court
DREW NOXON (804-796-7122)
REQUEST
Conditional use to permit a business (special events) incidental to a dwelling in a Residential (R-9)
District.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Conditions are located in Attachment 1.
SUMMARY
A special events business for weddings (A Little Wedding Garden) consisting of indoor and
outdoor activities is currently operating on the premises without the requisite zoning. Staff
received a complaint regarding the business in March, 2018. The operation exceeds ordinance
limitations for a home occupation relative to the percentage (square feet) of the floor of the
dwelling used for the business, outdoor location of activities and group assembly.
RECOMMENDATIONS
APPROVAL
PLANNING
Proposal supported by neighbors
COMMISSION
Revised conditions would mitigate impacts on surrounding properties
DENIAL
The proposed land use is incompatible with the residential use
suggested by the Comprehensive Plan
STAFF
There are likely no conditions that would fully mitigate the impact of
this development on area single family residential use
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
The use exceeds Ordinance limitations for a business from the
home relative to area of the dwelling (square feet) used for
PLANNING business, outdoor activities and group assembly
There are likely no conditions that would fully mitigate the impact
of this development on area single family residential use
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Comprehensive Plan
Classification: SUBURBAN RESIDENTIAL II
This designation suggests the property is appropriate for residential development at a maximum of 2.0
4.0 dwellings per acre.
Surrounding Land Uses and Development
Single family uses
Husting Rd.
-Courthouse Green South
Krause Rd.
Husting Ct.
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PLANNING
Staff Contact: Drew Noxon (804-796-7122) noxona@chesterfield.gov
Zoning History
Case Number Request
85AN0184 Special exception for a smoking cessation clinic in a Residential (R-9) District.
Approved
(12/1985)
88AR0023 Renewal of special exception (Case 85AN0184) for a smoking cessation clinic in a
Approved Residential (R-9) District.
(2/1988)
91AR0190 Renewal of special exception (Case 88AN0023) for a smoking cessation clinic in a
Approved Residential (R-9) District.
(6/1991) Note: this use continues to operate on the property.
Proposal
A special events business for wedding ceremonies has operated on the subject property since
January 2017. The applicants currently utilize the entire 4,500 square-foot fenced area of the rear
yard as well as a 552 square-foot enclosed porch attached to the dwelling (approximately
33 percent of floor of dwelling). A driveway located along the right side of the property contains
six (6) parking spaces (see existing site layout below). The applicants indicate that events take
place weekly from 10:00 a.m. to 6:00 p.m. and have up to 15 clients/guests at any one time. The
applicants also indicate that they are the only employees of the business.
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In March 2018, the Planning Department received a complaint relative to the operation of the
business from the home. Upon visiting the site, staff determined that the business was not in
compliance with the Zoning Ordinance requirements for a home occupation. Specifically, the
restrictions regarding the square-footage of the floor of the dwelling used for business purposes
(no more than the greater of 25 percent or 250 square feet of the area of the floor of the
dwelling), location of the use within a dwelling or accessory structure and group assembly were
not met. Once notified by staff of the violation, the applicants filed for a Conditional Use to
request approval to allow continued operation of the home-based wedding business.
Staff is unable to support this request, however, should the Board of Supervisors determine it
would be appropriate to approve this request, the chart on the following page provides an
overview of the conditions recommended by the Planning Commission (Attachment 1)
recommended to assist in mitigating the impacts of the use on area properties. These conditions
further limit the number of guests as a result of inadequate off-street parking provisions resulting
in overflow parking along the two nearest public streets (Husting Court and Husting Road).
General Overview
Requirements Details
Limited to the applicants only
Ownership
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Limited to wedding ceremonies only
Activities take place within the 552 square-foot enclosed porch and
Use
4,500 square-foot rear yard area
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3 years
Time Limit
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Monday Saturday, 10:00 a.m. 6:00 p.m.
Hours of Operation
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Alterations and/or expansion prohibited
Expansion of Use
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No employees other than family member employees who live in the home
Employees
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Maximum of 10 clients/guests at any one time
Assembly
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No signs permitted to identify the use
Signs
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Minimum of 6 parking spaces provided as shown on page 5
Parking
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COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Steve Adams (804) 748-1037 adamsSt@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.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov
To date, no comments have been received.
FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
This request will have a minimal impact on Fire and EMS.
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Airport Fire Station, Company Number 15
EMS Facility The Airport Fire Station, Company Number 15
UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
public water and wastewater systems.
The existing dwelling is currently utilizing the public water and wastewater systems.
The Utilities Department supports this case.
SCHOOLS
Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov
The request will not impact these facilities.
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CASE HISTORY
Applicant Submittals
6/11/18 Application submitted
Community Meeting
10/3/18 Issues Discussed:
Neighbors supportive of request
Clients/guests parking in front of driveways
Planning Commission
10/16/18 Citizen Comments:
Two (2) citizens spoke in support of the request noting the operation was
small-scale and generated no noise.
Commission Discussion:
Mr. Jackson requested that Condition 4 be revised to prohibit Sunday operation
and that Condition 7 be revised to reduce the number of clients and guests on
the property at any time to 10. The applicant accepted these changes.
Mr. Jackson questioned the need for a privacy fence on the subject property
given that a fence is located on adjacent property. He requested that Condition
8 be struck.
Recommendation APPROVAL SUBJECT TO THE REVISED CONDITIONS IN
ATTACHMENT 1
Motion: Jackson Second: Jones
AYES: Sloan, Jones, Jackson Freye and Stariha
The Board of Supervisors on Wednesday, November 14, 2018, beginning at 6:00 p.m., will
consider this request.
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ATTACHMENT 1
CONDITIONS
Note: The Planning Commission recommended Conditions 1, 2, 3, 5, 6, 9 & 10 as presented to
the Commission. The Commission recommended modifications to Conditions 4 & 7 and
deletion of Condition 8. These modifications are shown below as underlines and strike-
throughs.
1. Use. This Conditional Use approval shall be granted to and for Stephen Louderback &
Cecelia LePage, exclusively, and shall not be transferable or run with the land. (P)
2. Use Limitation. This Conditional Use approval shall be for the operation of a business
(wedding ceremonies) with assembly, incidental to a dwelling. The use shall be limited to
activities within the 552 square-foot enclosed porch and 4,500 square-foot rear yard, as
depicted on the site layout on page 5. (P)
3. Time Limitation. This Conditional Use approval shall be granted for a period not to
exceed three (3) years from the date of approval. (P)
4. Hours of Operation. Hours of operation shall be limited to Mondays through Sundays
Saturdays, from 10:00 a.m. 6:00 p.m. (P)
5. Expansion of Use. No new buildings/structures shall be permitted to accommodate this
use, unless as otherwise required by code to accommodate handicapped accessibility.
(P)
6. Employees. No employees, other than the applicants, shall be permitted to work on the
premises. (P)
7. Group Assembly. No more than twelve (12) ten (10) clients and their guests shall be on
the premises at any one time. (P)
8. Fence. A minimum six (6) foot tall privacy fence shall be maintained along the side and
rear property lines adjacent to the rear yard to reduce visibility of activities from
adjacent properties. (P)
9. Signage. No signs shall be permitted to identify this use. (P)
10. Parking. No more than six (6) vehicles, other than the applicant, shall be
parked on the premises at any one time. Parking for these vehicles shall be restricted to
the area designated on page 5. (P)
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