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Applicant & Property Owner David Paul Aurillo Public Hearing December 12, 2018

City Council Election District Bayside

Request Conditional Use Permit (Home Occupation) Staff Recommendation Approval Staff Planner Robert Davis Location 5720 Attica Avenue GPIN 1468061728 Site Size 0.8 Acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling / R-10 Residential Surrounding Land Uses and Zoning Districts North Pump station, pond / R-10 Residential South Single-family dwellings / R-10 Residential East Attica Avenue Single-family dwellings / R-10 Residential West Norwich Avenue Single-family dwelling / R-15 Residential

Agenda Item 4

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• The applicant is requesting a Conditional Use Permit for a Home Occupation for Craft Sales in order to produce

wooden signs within an existing detached garage.

• Section 501(b)(5)(iv) of the Zoning Ordinance states that in residential districts certain accessory activities are permitted by-right within a residence, provided certain criteria are met. One such criterion is that all business activities must be conducted within the principal dwelling unit. As the proposed use will be located within an accessory structure, a Conditional Use Permit is required.

• No customers will come to the site to purchase products, as all signs will be sold off site at craft markets and

similar venues.

• Typical hours of operation are from 9:00 a.m. to 5:00 p.m., Monday through Friday. No employees are proposed for this operation.

No Zoning History to Report

Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning

MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure

FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance

In Staff’s opinion, the applicant’s request for a Conditional Use Permit to operate a Home Occupation for Craft Sales in a detached garage is acceptable. No significant traffic will be generated with the request, as no retail sales from the property are proposed. The proposed use will be small in scale and is not expected to adversely impact the surrounding properties. As such, Staff recommends approval of this request with the following conditions.

Background and Summary of Proposal

Evaluation and Recommendation

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1. In accordance with Section 234 (c) of the City Zoning Ordinance, there shall be no more than one (1) sign

identifying the Home Occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence.

2. The Home Occupation shall be permitted only if the property is the bona fide residence of the applicant.

3. There shall be no sales to the general public of products or merchandise from the home.

4. No more than one person other than a member of the immediate family occupying the home shall be employed and working out of the home.

The Comprehensive Plan recognizes this property as being within the “Suburban Area.” Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan’s primary guiding principle for the Suburban Area is to create “Great Neighborhoods,” and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future.

The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural features associated with the site.

Street Name Present Volume Present Capacity Generated Traffic

Attica Avenue No Data Available Existing Land Use 1 – 10 ADT

Proposed Land Use 2 - 10 ADT 1 as defined by one single-

family dwelling 2 as defined by one single-family dwelling

Water & Sewer The site is currently connected to both City water and sanitary sewer service.

Recommended Conditions

Comprehensive Plan Recommendations

Natural and Cultural Resources Impacts

Traffic Impacts

Public Utility Impacts

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Site Layout

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Site Photos

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Examples of Applicant’s Signs

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Disclosure Statement

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Disclosure Statement

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Disclosure Statement

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Disclosure Statement

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Disclosure Statement

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• Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days.

• Following City Council’s decision, the applicant will receive a decision letter from Staff.

• Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074.

• If the request requires land disturbance and/or a subdivision of property, please contact the Development

Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610.

• Please note that further conditions may be required during the administration of applicable City Ordinances and

Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid.

• The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department

for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site.

Next Steps