07SN0381
September 18, 2007 CPC
October 24, 2007 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0381
Virginia Mazza
Matoaca Magisterial District
Off the east line of Little Road
REQUEST: Amendment to Conditional Use (Case 90SN0225) to expand to whom operating
rights for a swimming pool contractor’s sales and storage business are granted.
Specifically, an amendment to Condition 1 is proposed which would extend
operating rights to additional family members.
PROPOSED LAND USE:
Continued operation of a swimming pool contractor’s sales and storage business is
planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
While staff would not normally support commercial use of the request property because it lies in
an area that the Matoaca Village Plan recommends residential use of one (1) unit per acre or less,
the business has been operated on the property since 1973. If after receiving public input, the
Planning Commission and Board of Supervisors determines it is appropriate to extend operating
rights to additional family members, acceptance of the proffered condition would be appropriate.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
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"CPC" ARE ADDITIONAL CONDITIONSRECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITION
(STAFF/CPC)This Conditional Use shall be granted to and for Virginia Mazza, John V.
Mazza, Jr., Victoria Mazza Parks and their immediate family members,
exclusively, and shall notbe transferable nor run with the land. Immediate
family members are defined as any person who is a natural or legally defined
offspring, spouse or grandchild of Virginia Mazza, John V. Mazza, Jr. or
Victoria Mazza Parks. (P)
(NOTE: This Condition supercedes Condition 1 of Case 90SN0225. All other conditions of
Case 90SN0225 remainin effect.)
GENERAL INFORMATION
Location:
Off the east line of Little Road, north of Pickhurst Court. Tax ID 775-614-Part of 8471.
Existing Zoning:
A with Conditional Use to permit swimming pool contractor’s office and storage yard
Size:
10.0 acres
Existing Land Use:
Single family residential and commercial (swimming pool contractor’s office and storage
yard)
Adjacent Zoning and Land Use:
North, South, East and West – A; Single family residential on acreage parcels or vacant
UTILITIES; ENVIRONMENTAL; AND FIRE SERVICE
The proposed amendment will have a minimal impact on these facilities.
Transportation:
In July 1990, the Board of Supervisors approved a Conditional Use (Case 90SN0225) to
operate a contractor sales and storage business on a part of the Agricultural (A) zoned
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property. As a condition of the approval, the use was granted to specific family
members. With this application, the applicant is seeking to amend the previously
approved Conditional Use to transfer operating rights to additional family members.
Currently, the contractor sales and storage business operates on the site today. The
amendment to the Conditional Use will have no additional impact on the existing
transportation network.
Subsequent to the approval of the Conditional Use permit in July 1990, the Thoroughfare
Plan was revised to show a proposed collector with a recommended right-of-way width
of seventy (70) feet from Little Road to Matoaca Road. The proposed collector bisects
the parent parcel, but does not encroach onto the Conditional Use area.
LAND USE
Comprehensive Plan:
Lies within the boundaries of theMatoaca Village Plan which suggests the property is
appropriate for residential use of 1 unit per acre or less.
Area Development Trends:
The area is characterized byagricultural uses and zoning including larger acreage parcels
occupied by single family residential uses or which are vacant.
Zoning History:
On March 7, 1973, the Board of Zoning Appeals approved a Special Exception to permit
the operation of a business office from the home (Case 73A039). The applicant intended
to operate a swimming pool contractor sales office from within his home.
On November 7, 1984, the Board of Zoning Appeals approved an amendment to Case
73A039 to permit expansion of the swimming pool contractor sales business to include
on-site storage of materials and fabrication involving a maximum of twenty (20)
employees in addition to the applicant, his wife and their children (Case 84S236). At the
time of approval for Case 84A236, a five (5) year time limit was imposed on the
operation.
On November 1, 1989, the Board of Zoning Appeals renewed case 84A236 for ten (10)
years, plus approved construction of a 10,000 square foot building (Case 89SR0419).
Except for the extended time limitation, conditions of approval were generally the same
as with previous cases.
On July 25, 1990, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved Conditional Use (Case 90SN0225) to permit a
swimming pool contractor’s sales and storage business on the request property subject to
conditions relative to operating rights, numbers of employees, hours of operation,
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parking, permitted structures and work areas, buffers, signage and right of way
dedication.
Current Proposal:
As previously noted, the swimming pool contractor’s sales and storage business has
operated on the property since 1973. Numerouszoning approvals have been granted over
the years to allow continued operation of the business subject to certain conditions
relative to time limitations, operating rights, numbers of employees, hours of operation,
parking, permitted structures and work areas, buffers and signage. In 1990, the Board of
Supervisors approved a Conditional Use to allow operation of the business to continue
without a time limitation, but with numerous conditions including Condition 1 of Case
90SN0225 which granted operating rights to the property owners (John and Virginia
Mazza) and their children (John, Jr. and Victoria Parks). With this request, the applicant
is seeking to expand to whom operating rights are granted. Specifically, the applicant
proposes to include children, spouses and grandchildren of the property owner (Virginia
Mazza) and her children (John, Jr. and Victoria Parks).
CONCLUSION
While staff would not normally support commercial use of the request property because it lies in
an area where theMatoaca Village Plan recommends residential use of one (1) unit per acre or
less, the business has been operated on the property since 1973.If after receiving public input,
the Planning Commission and Board of Supervisors determines it is appropriate to extend
operating rights to additional family members,acceptance of the proffered condition would be
appropriate.
CASE HISTORY
Planning Commission Meeting (9/158/07):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered condition on page 2.
AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson.
The Board of Supervisors, on Wednesday, October 24, 2007, beginning at 6:30 p.m., will take
under consideration this request.
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