June 23, Stafford County Board of Zoning Appeals FROM: ATTACHMENTS: 5. Letter from HOA. 1. Application. 2. Application Affidavit

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1 1 Board of Supervisors Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert Bob Thomas, Jr. Anthony J. Romanello, ICMA CM County Administrator June 23, 2015 MEMORANDUM TO: FROM: Stafford County Board of Zoning Appeals M SUBJECT: SE15-05/ ATTACHMENTS: 1. Application 2. Application Affidavit 3. Plat of property 5. Letter from HOA 6. Applicant 7. ATF Regulations and Application 4. Layout of area used for business ISSUE: The Board of Zoning Appeals is to consider a request for a Special Exception per Stafford County Code, Section 28-35, "District Uses & Standards", R-1, Suburban Residential, to allow online firearm sales and transfers and online ammunition sales as a Home Business on Assessor's Parcel 20P The property is located at 21 Brittany Lane, Hampton Oaks Subdivision. PARCEL INFORMATION: Location: Election District: 21 Brittany Lane Stafford, VA Garrisonville Parcel Size: 8,419 square feet. Property Owners: Assessor s Parcel 20P Adam Udvig 21 Brittany Lane Stafford, VA Courthouse Road, P. O. Box 339, Stafford, VA Phone: (540) Fax: (540)

2 Memorandum to: Stafford County Board of Zoning Appeals June 23, 2015 Page 2 of 6 Applicant: Agent: Current Use: Proposed Use: Adam Udvig 21 Brittany Lane Stafford, VA None Residential Residential/Home Business Application Date: April 27, 2015 Comprehensive Plan: Suburban Abutting Properties: Location Zoning Parcel Use Land Use Plan North R-1 20P Residential Suburban South R-1 20P-9-H2 Common Area Suburban East R-1 20P Residential Suburban West R-1 20P Residential Suburban APPLICABLE BACKGROUND: After discussing the request at the May 26, 2015, the Board had several questions concerning the storage of the materials used in the process of reloading the ammunition and the addition of conducting firearm sales and transfers. Therefore, the Board voted to defer this request to the June, 23, 2015 meeting. This application was re-advertised to add the additional language for firearm sales and transfers. Please refer to attachment #6 for additional information the applicant has provided. A representative from the Stafford Fire Marshalls office has been requested to be present at the meeting to answer any questions you may have regarding the application. The applicant is requesting a Special Exception for a home business to operate firearms transfers, online ammunition and reloading business from his home. All of his contact with his clients will be conducted online, at Virginia gun shows or off-site at a rent as needed office space. The applicant states there will be no customer foot traffic (except friends and family and the ATF to conduct inspections) or a physical store front from his home. Additionally, the applicant will lease a mailbox where all business mail will be sent. All items to be shipped to customers will be sent from that location as well, so there will be no influx of shipping trucks at his residence. The applicant states the website will be operational 24 hours per day, seven days a week. He will be available for calls Monday through Friday 5:00 PM to 11:00 PM, Saturday and Sunday 9:00 AM to 8:00 PM and will have a message service forward his voic s to the website during the other times.

3 Memorandum to: Stafford County Board of Zoning Appeals June 23, 2015 Page 3 of 6 The applicant states his home is protected by a professionally monitored security system 24 hours a day, 7 days a week and that all supplies will be stored in a closet under the stairs in the basement. He has arranged for a liability insurance policy of one million dollars through the National Rifle Association (NRA) if this Special Exception is granted. He will provide one off-street parking to accommodate the inhome office space. The standards for a Home Business allow for a maximum of 25% of the gross floor area to be utilized for the business. The applicant has indicated 200 square feet will be used for the business which meets this requirement as the gross floor area of the dwelling 2,976 square feet. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) gave a presentation to local zoning officials explaining their Federal Firearms License (FFL) permit process. According to their regulations, the applicant must have a premise from which he conducts business or from which he intends to conduct business. The business may be located in a private residence but must be open to the public for inspections and any person to person transfer. Due to this requirement an applicant who wishes to sell or transfer weapons and ammunition from his or her home must obtain an FFL license and a Special Exception for a Home Business through the Board of Zoning Appeals. ZONING HISTORY Single-family dwelling built in EXISITING CONDITIONS GRANTING OF SPECIAL EXCEPTIONS: 1) The proposed use (firearm sales and transfers and online ammunition sales) will not change the character of the area. 2) The proposed use is in harmony with the uses permitted by-right in this zoning district. Some examples of by-right uses are school and Places of Worship. These by-right uses can generate more traffic than this home business.

4 Memorandum to: Stafford County Board of Zoning Appeals June 23, 2015 Page 4 of 6 3) There will be no additional buildings constructed for this home business as the applicant will utilize the existing home. 4) The proposed use shall not affect the health or safety of persons residing or working in the neighborhood. 5) The use shall not be detrimental to the public welfare or injurious to property or to improvements to the neighborhood. 6) The use shall be in accordance with the purposes of this chapter and the Comprehensive Plan of the County. Home businesses are allowed in the R-1 zoning by Special Exception from the Board of Zoning Appeals. SUGGESTED DEVELOPMENT CONDITIONS: 1) Days and hours of operation: Monday through Friday 5:00 PM to 11:00 PM, Saturday and Sunday 9:00 AM to 8:00 PM will be the times phone calls will be accepted. Transactions and correspondence via the Web page will be operating 24 hours a day, 7 days a week. 2) Provide one (1) additional off-street parking space to comply with parking requirements for an office. 3) Customers by appointment only. 4) The applicant shall not conduct any person to person monetary transactions concerning this business on site. All monetary transactions shall be conducted via the internet or mail. 5) The Applicant shall maintain professionally monitored security system for his home and notify the local fire department and police department of his business and location of ammunition materials. 6) No sign shall be erected on the property indicating a business is being conducted on the premises. 7) Ammunition shall be stored in cans with no more than a total of 5,000 (five-thousand) rounds. 8) Discharging of firearms and ammunition on site shall be prohibited. 9) The applicant shall comply with all applicable State, Federal, and local codes and regulations for the operation of this home business. This includes Section definition of home business. 10) This approval may be revoked for noncompliance of the conditions imposed by the Board of Zoning Appeals. 11) Approval of this Special Exception for firearm sales and transfers and online ammunition sales will expire when this applicant vacates the property and is non-transferable.

5 Memorandum to: Stafford County Board of Zoning Appeals June 23, 2015 Page 5 of 6 TAX MAP

6 Memorandum to: Stafford County Board of Zoning Appeals June 23, 2015 Page 6 of 6 VICINITY MAP

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